{"id":"F2006B01627","name":"Safety, Rehabilitation and Compensation Act 1988 - Notice of Declaration under subsection 5(6) (Notice No. 2 of 2000)","slug":"safety-rehabilitation-and-compensation-act-1988-notice-of-declaration-under-subsection-5-6-notice-no","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":40955,"registerId":"commonwealth-F2006B01627-current","compilationNumber":null,"startDate":"2026-04-01","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 2000)","content":"COMMONWEALTH OF AUSTRALIA\n\nSAFETY, REHABILITATION AND COMPENSATION ACT 1988\n\nNOTICE OF DECLARATION UNDER SECTION 5(6)\n\nNotice No 2 of 2000\n\nI, PETER KEASTON REITH, Minister for Employment, 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 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, without receiving any remuneration (other than payment of expenses incurred), assist the National Capital Authority in fostering an awareness of Canberra as the National Capital. | Acts performed in connection with the rendering of the assistance. |\n\nDated 12th September 2000\n\nPETER REITH\n\nMinister for Employment, Workplace Relations and Small Business","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This Notice expands the coverage of the Safety, Rehabilitation and Compensation Act 1988 by declaring a new, specific class of persons—unpaid assistants to the National Capital Authority—to be \"employed by the Commonwealth\" for SRCA purposes (using the power in subsection 5(6)). Mechanically, it shifts responsibility for compensation/rehabilitation claims arising from acts done in connection with that assistance to the Commonwealth and applies from the Gazette publication date; the change is limited in scope and contingent on the declared factual criteria (unpaid except for expenses; acts connected to the assistance)."},"complexity_factors":["Narrow, specific class of persons (volunteers assisting the National Capital Authority).","Single, discrete legal effect: treat those acts as Commonwealth employment under subsection 5(6).","Relies on ministerial discretion to declare classes (administrative discretion present but exercised here once).","Potential administrative and claims-handling implications for Commonwealth agencies as the designated employer.","Eligibility boundary depends on remuneration status (only unpaid except expense reimbursement) and whether acts are \"in connection with\" assistance, which may require factual assessment."],"plain_english_summary":"This ministerial notice uses the power in subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988 to declare that unpaid people who assist the National Capital Authority to promote Canberra are to be treated as \"employed by the Commonwealth\" for SRCA purposes. Mechanically, acts done in connection with that assistance are treated as the employment, making the Commonwealth the responsible employer for compensation and rehabilitation claims from the date the notice is published."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This notice operates exactly within its original intended scope under section 5(6) of the SRC Act, which specifically allows the Minister to declare certain non-employees as 'deemed employees' for workers' compensation purposes. The notice covers a narrow, specific group of volunteers as contemplated by the empowering provision."},"complexity_factors":["Single, narrow declaration affecting one specific class of volunteers","Only one substantive provision with two sub-paragraphs (a) and (b)","No defined terms section — relies on existing definitions in the parent Act","Simple tabular format for the operative content","No cross-references beyond the single subsection 5(6) of the parent Act","No conditional logic, exceptions, or sunset clauses"],"plain_english_summary":"This notice extends Comcare workers' compensation to unpaid volunteers who help the National Capital Authority promote Canberra as Australia’s national capital. Treated as if they were Commonwealth employees for compensation purposes, these volunteers can claim medical costs, income-replacement and rehabilitation benefits if injured while volunteering. It fills a protection gap so unpaid promoters of the capital aren’t left without automatic injury coverage."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/safety-rehabilitation-and-compensation-act-1988-notice-of-declaration-under-subsection-5-6-notice-no","history":"/api/acts/safety-rehabilitation-and-compensation-act-1988-notice-of-declaration-under-subsection-5-6-notice-no/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-act-1988-notice-of-declaration-under-subsection-5-6-notice-no/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-act-1988-notice-of-declaration-under-subsection-5-6-notice-no/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-act-1988-notice-of-declaration-under-subsection-5-6-notice-no/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-act-1988-notice-of-declaration-under-subsection-5-6-notice-no/documents"}}