{"id":"F2009B00110","name":"Safety, Rehabilitation and Compensation Act 1988 - Notice of Declaration under subsection 5(6) (Notice No. 1 of 1993)","slug":"f2009b00110","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":326796,"registerId":"commonwealth-F2009B00110-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Safety, Rehabilitation and Compensation Act 1988 - Notice of Declaration under subsection 5(6) (Notice No. 1 of 1993)","content":"COMMONWEALTH OF AUSTRALIA\n\nSAFETY REHABILITATION AND COMPENSATION ACT 1988\n\nNOTICE OF DECLARATION\n\nNotice No 1 of 1993\n\nI, LAURENCE JOHN BREETON, Minister of State for Industrial Relations, hereby declare for the purposes of subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988 that, on and from the date of publication of this Notice in the Commonwealth of Australia Gazette:\n\n(a) a person who is included in the class of persons referred to in the first column of the following table, being a class of persons who engage in activities or perform acts at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth, is declared to be employed by the Commonwealth; and\n\n(b) the employment of the person is declared to be constituted by the performance by the person of an act included in the class of acts referred to in the second column of that table opposite to the reference to that class of persons:\n\n| First ColumnClass of Persons                                                                                                                                                                                          | Second ColumnClass of Acts                                        |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------- |\n| Persons who, under the control or direction of a Commonwealth officer assist, without receiving any remuneration (other than payment of expenses incurred), in the running of the Australian National Maritime Museum | Acts performed in connection with the rendering of the assistance |\n\n(signed)\n\nLAURIE BRERETON\n\nMinister of State for Industrial Relations\n\n15 July 1993","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The notice extends the Act's coverage by expressly treating a specified class of unpaid assistants at the Australian National Maritime Museum as Commonwealth employees for SRC Act purposes, thereby broadening who can bring workers‑compensation and rehabilitation claims against the Commonwealth under subsection 5(6)."},"complexity_factors":["Very narrow, single-class declaration limited to unpaid assistants at the Australian National Maritime Museum; scope easy to identify from the table.","Relies on ministerial power under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988 to declare employment status (discretionary administrative act).","Key factual thresholds—'under the control or direction', 'assist', and 'without receiving any remuneration (other than payment of expenses)'—may require factual inquiry in disputes and create interpretation risk.","Transforms legal status (for SRC Act purposes) rather than creating new substantive rights; operational complexity lies in claims administration and determining when acts fall within the declared class.","Requires publication in the Commonwealth Gazette to take effect (formal procedural step).","Low legislative drafting complexity but potential for repeated similar declarations creating patchwork coverage across agencies."],"plain_english_summary":"This notice, made under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988, declares that unpaid persons who, under the control or direction of a Commonwealth officer, assist (for only expense reimbursement) in running the Australian National Maritime Museum are to be treated as employed by the Commonwealth for the Act's purposes.\n\nMechanically, that designation makes the Commonwealth the employer for workers‑compensation and rehabilitation claims arising from those acts, shifting liability and claim administration to Commonwealth agencies."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration performs exactly the function intended by subsection 5(6) of the SRC Act: extending coverage to specific classes of non-employees. It has not expanded beyond the original statutory purpose."},"complexity_factors":["Single, specific declaration covering one class of persons and one class of acts","No defined terms section - relies on existing definitions in the parent Act","Simple two-column table structure with clear conditional logic (persons in column A performing acts in column B)","No cross-references beyond the single subsection 5(6) of the parent Act","No nested exceptions or conditional clauses","Very short document (approximately 200 words excluding the table)"],"plain_english_summary":"This declaration treats unpaid volunteers who help run the Australian National Maritime Museum—while working under a Commonwealth officer and receiving only expense reimbursements—as if they were Commonwealth employees for the purposes of workers’ compensation.  \n\nThat means injured volunteers can access medical care, income support and rehabilitation like paid government workers, giving vital financial and medical protection to people who volunteer at a national cultural institution."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/f2009b00110","history":"/api/acts/f2009b00110/history","analysis":"/api/acts/f2009b00110/analysis","conflicts":"/api/acts/f2009b00110/conflicts","importantCases":"/api/acts/f2009b00110/important-cases","documents":"/api/acts/f2009b00110/documents"}}