{"id":"F2009B00128","name":"Safety, Rehabilitation and Compensation Act 1988 - Notice of Declaration under subsection 5(6) (Notice No. 8 of 1997)","slug":"f2009b00128","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":326810,"registerId":"commonwealth-F2009B00128-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. 8 of 1997)","content":"COMMONWEALTH OF AUSTRALIA\n\nSAFETY, REHABILITATION AND COMPENSATION ACT 1988\n\nNOTICE OF DECLARATION UNDER SUBSECTION 5(6)\n\nNotice No. 8 of 1997\n\nI, PETER KEASTON REITH, Minister for Workplace Relations and Small Business, hereby declare for the purposes of subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988 that, on and from 29 November 1997:\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 and 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 Old Parliament House | Acts performed in connection the rendering of the assistance. |\n\nDated 5th day of December 1997\n\nPeter Reith\n\nMinister for Workplace Relations and Small Business","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This notice operates exactly within the original scope of section 5(6) of the SRC Act, which was designed specifically to allow ministerial declarations extending coverage to persons performing work for the Commonwealth who fall outside standard employment relationships. The narrow, specific application to Old Parliament House volunteers is typical of how this provision has always been used."},"complexity_factors":["Single, narrow declaration affecting one specific class of persons (Old Parliament House volunteers)","Only one substantive provision with two straightforward conditions (no remuneration except expenses, under Commonwealth officer direction)","No defined terms section, no cross-references to other legislation beyond the enabling Act","Simple tabular format with clear mapping of persons to acts covered","No exceptions, exemptions, or conditional logic beyond the basic eligibility criteria"],"plain_english_summary":"This ministerial declaration extends Commonwealth workers’ compensation under the Safety, Rehabilitation and Compensation Act 1988 to unpaid volunteers who assist in running Old Parliament House while working under the direction of a Commonwealth officer and receiving only expense reimbursement.\n\nInjured volunteers will be eligible for the same medical, rehabilitation and income‑support benefits as paid employees, closing a gap in coverage."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expands the statutory definition of 'employed by the Commonwealth' (for Safety, Rehabilitation and Compensation Act purposes) to include unpaid assistants at Old Parliament House, thereby extending Commonwealth workplace liability and compensation coverage to that specific volunteer class effective 29 November 1997."},"complexity_factors":["Narrow, targeted scope (only persons assisting in the running of Old Parliament House) limits application but requires precise identification of covered individuals.","Reliance on factual tests — \"under the control or direction of a Commonwealth officer\" and acts \"in connection\" with rendering assistance — creates interpretive ambiguity about who qualifies.","Assessment of remuneration status (unpaid except expense payments) imposes administrative verification and recordkeeping burdens on agencies.","Legal effect rests on a delegated declaration power (subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988), concentrating initial decision in the Minister's declaration.","Effective date (29 November 1997) precedes the notice date (5 December 1997), creating a retroactive operative effect that may raise retrospective coverage questions.","Interaction with the Act's compensation and liability regime requires agencies to manage claims and potential costs on behalf of the Commonwealth."],"plain_english_summary":"This notice declares that, from 29 November 1997, unpaid persons who assist under the control or direction of a Commonwealth officer in running Old Parliament House (receiving only expense payments) are to be treated as employed by the Commonwealth for acts connected with that assistance. Mechanically, it brings those volunteers within the Safety, Rehabilitation and Compensation Act 1988 (under subsection 5(6)), shifting workplace liability to the Commonwealth and requiring administrators to identify who qualifies and what acts are covered."}},"importantCases":[],"_links":{"self":"/api/acts/f2009b00128","history":"/api/acts/f2009b00128/history","analysis":"/api/acts/f2009b00128/analysis","conflicts":"/api/acts/f2009b00128/conflicts","importantCases":"/api/acts/f2009b00128/important-cases","documents":"/api/acts/f2009b00128/documents"}}