{"id":"F2009B00129","name":"Safety, Rehabilitation and Compensation Act 1988 - Notice of Declaration under subsection 5(6) (Notice No. 2 of 1998)","slug":"f2009b00129","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":326812,"registerId":"commonwealth-F2009B00129-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. 2 of 1998)","content":"COMMONWEALTH OF AUSTRALIA\n\nSAFETY, REHABILITATION AND COMPENSATION ACT 1988\n\nNOTICE OF DECLARATION UNDER SUBSECTION 5(6)\n\nNotice No. 2 of 1998\n\nI, PETER KEASTON REITH, Minister for Workplace Relations and Small Business, for the purposes of subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988:\n\nA. revoke a previous declaration made on 24 July 1995 (commenced on 9 August 1995) – Notice No. 2 of 1995; and\n\nB. declare that:\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 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 without receiving any remuneration (excluding payments of expenses incurred) place their services at the disposal of the Australian Maritime Safety Australia [AMSA] (in relation to search and rescue services or training exercises provided by AMSA) | Acts performed in connection with search and rescue or training exercises provide by AMSA |\n\nDated 20th day of March 1998\n\nPeter Reith\n\nMinister for Workplace Relations and Small Business","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument revokes the earlier Notice No. 2 of 1995 and issues a new declaration that unpaid persons providing services to AMSA for search-and-rescue or training are to be treated as Commonwealth employees for the Safety, Rehabilitation and Compensation Act 1988. In practical terms it replaces the prior declaration and reasserts the Commonwealth’s liability for compensation in respect of those acts, while excluding expense reimbursements from remuneration."},"complexity_factors":["Narrow, clearly defined class of persons (unpaid volunteers providing services to AMSA for search and rescue or training).","Legal effect depends on subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988 (delegated declaratory power).","Revocation of a prior declaration (Notice No. 2 of 1995) and replacement by a new declaration creates an administrative update rather than broad legislative change.","Explicit exclusion of expense reimbursements from remuneration creates a technical distinction affecting eligibility and payment treatment.","Potential administrative and claims-processing burden on the Commonwealth/agency to treat volunteers as employees for SRCA purposes.","Some drafting phrases (eg, “place their services at the disposal of” and “in relation to”) may require factual interpretation when assessing individual cases."],"plain_english_summary":"This notice (made under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988) revokes a 1995 declaration and declares that unpaid persons who place their services at the disposal of the Australian Maritime Safety Authority (AMSA) for search-and-rescue tasks or training exercises are to be treated as employed by the Commonwealth for the Act’s purposes. Mechanically, that makes the Commonwealth responsible for compensation/rehabilitation claims tied to those acts while excluding simple expense reimbursements from “remuneration.”"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This notice operates exactly as intended under the Safety, Rehabilitation and Compensation Act 1988. It uses the specific power in subsection 5(6) to declare particular unpaid volunteers as deemed employees for workers' compensation coverage. The scope remains tightly focused on extending coverage to a specific class of maritime safety volunteers, which is the precise purpose of this delegated legislative mechanism."},"complexity_factors":["Single operative provision with straightforward declaratory language","Only one table with two columns defining the class of persons and acts","No defined terms section or interpretation provisions","Minimal cross-referencing (only refers to subsection 5(6) of the principal Act and the revoked 1995 notice)","Simple two-part structure: revocation of old instrument + new declaration","No conditional logic, exceptions, or nested provisions"],"plain_english_summary":"This ministerial notice revokes a 1995 declaration and declares unpaid volunteers who assist the Australian Maritime Safety Authority in search and rescue operations or training exercises to be treated as Commonwealth employees for workers’ compensation under the Safety, Rehabilitation and Compensation Act 1988.\n\nThat change means these unpaid (expense‑only) volunteers can claim medical, income and rehabilitation entitlements if injured while carrying out SAR duties or training, closing a gap in protection for hazardous volunteer work."}},"importantCases":[],"_links":{"self":"/api/acts/f2009b00129","history":"/api/acts/f2009b00129/history","analysis":"/api/acts/f2009b00129/analysis","conflicts":"/api/acts/f2009b00129/conflicts","importantCases":"/api/acts/f2009b00129/important-cases","documents":"/api/acts/f2009b00129/documents"}}