{"id":"F2018L01355","name":"Safety, Rehabilitation and Compensation (Defence-related Claims) (Members) Declaration 2018","slug":"safety-rehabilitation-and-compensation-defence-related-claims-members-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98038,"registerId":"commonwealth-F2018L01355-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Safety, Rehabilitation and Compensation (Defence-related Claims) (Members) Declaration 2018","content":"![](image.001.png)\n\nAustralian Government\n\nSafety, Rehabilitation and Compensation (Defence-related\n\nClaims) (Members) Declaration 2018\n\nInstrument No. M19 of 2018\n\nI, Darren Chester, Minister for Veterans’ Affairs, make the following legislative instrument under subsection 5(3) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.\n\nDated this 21st day of SEPTEMBER 2018.\n\nD Chester\n\nDARREN CHESTER\n\nMinister for Veterans’ Affairs\n\n  \n\n1 Name\n\nThis instrument is the Safety, Rehabilitation and Compensation (Defence-related Claims) (Members) Declaration 2018.\n\n2 Commencement\n\nThis instrument commences on 1 October 2018.\n\n3 Authority\n\nThis instrument is made under subsection 5(3) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (the Act).\n\n4 Specified persons\n\nFor subsection 5(3) of the Act:\n\n(a) the class of persons specified in column 1 of the Schedule are taken to be members of the Defence Force for the purposes of the Act; and\n\n(b) the employment of that class of persons for those purposes is taken to be constituted by the performance of the class of acts specified in column 2 of the Schedule for the corresponding class of persons in column 1.\n\n  \nSCHEDULE\n\n|     | Column 1Class of Persons                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     | Column 2Class of Acts                                                                                                           |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ------------------------------------------------------------------------------------------------------------------------------- |\n| 1.  | Persons who, before the MRCA commencement date, held honorary rank in the Australian Defence Force                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           | Acts performed in connection with the activities of the Australian Defence Force                                                |\n| 2.  | Persons who, before the MRCA commencement date, were accredited representatives of the following approved philanthropic organisations that served the Australian Defence Force as described in the Department of Defence document known as the “Philanthropic Manual” (PHILOMAN):(a) Australian Red Cross Society (Field Force);(b) Everyman’s Welfare Service (formerly known as Campaigners for Christ);(c) Salvation Army – Red Shield Defence Services;(d) Young Men’s Christian Association – Defence Forces Division;(e) Young Women’s Christian Association – Defence Forces Division;(f) Returned Services League – Australian Forces Overseas Fund. | Acts performed in connection with the activities of the Australian Defence Force                                                |\n| 3.  | Persons who, before the MRCA commencement date, were on discharge resettlement training under an arrangement made by the Australian Defence Force                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            | Acts performed in connection with discharge resettlement training under an arrangement approved by the Australian Defence Force |\n\nNote: A copy of the Philanthropic Manual (PHILOMAN), as in force on the date of commencement of this instrument, is available at: [http://www.defence.gov.au/publications/docs/PHILOMAN.pdf](http://www.defence.gov.au/publications/docs/PHILOMAN.pdf).\n\nThe version of the Philanthropic Manual (PHILOMAN) that is in force on the date of commencement of this instrument is the First edition 2013.","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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Declaration performs exactly the function intended by its enabling provision (subsection 5(3) of the SRC(DRC) Act 1988). It does not expand beyond the statutory authority to specify classes of persons and deem them to be Defence members for compensation purposes. The three categories listed (honorary rank holders, philanthropic representatives, and resettlement trainees) represent a complete and closed list consistent with the original policy intent to cover historical gaps in defence-related compensation coverage."},"complexity_factors":["Very short instrument (4 sections plus a 3-row schedule)","Only 1 defined term used ('MRCA commencement date' — referring to 1 July 2004)","Simple tabular structure with straightforward class-of-persons/class-of-acts pairing","No nested exceptions or conditional logic — just three clear categories","Single cross-reference to external document (Philanthropic Manual) but explicitly version-locked to First edition 2013","Operates by deeming fiction (treating specified persons 'as if' they are Defence members) — a common legislative technique but used simply here"],"plain_english_summary":"This Declaration treats three groups as if they were Defence Force members for purposes of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 so they can access Defence-related workers’ compensation: people with honorary rank, designated charity welfare representatives who served with troops overseas, and former members on approved resettlement training. It only applies to incidents occurring before 1 July 2004, closing a historical gap in coverage for those who supported or transitioned from the Defence Force."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expands the statutory scope of who is 'taken to be members of the Defence Force' for the Act by adding three pre‑MRCA classes (honorary rank holders; PHILOMAN‑accredited philanthropic representatives; persons on approved discharge resettlement training) and by declaring the acts that constitute their employment for claims purposes. The expansion is limited to activities occurring before the MRCA commencement date and relies on the PHILOMAN list in force at commencement."},"complexity_factors":["Relies on a specific statutory power: made under subsection 5(3) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.","Uses a schedule that maps narrow, historically‑defined classes of persons to the acts that count as their employment.","Temporal limitation: applies only to persons and acts occurring before the MRCA commencement date (creates historical eligibility issues).","Depends on an external, dated document (PHILOMAN First edition 2013) to identify accredited philanthropic representatives.","Administrative and evidentiary implications for agencies and claimants in proving status and qualifying acts."],"plain_english_summary":"This declaration treats certain pre‑MRCA people—honorary rank holders, accredited philanthropic representatives listed in Defence’s PHILOMAN, and participants in approved discharge resettlement training—as \"members of the Defence Force\" under the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988, so their qualifying acts are treated as employment for defence‑related claims. It therefore changes who may bring claims and when the Act applies; the change is limited to actions before the MRCA commencement date and depends on an external manual (PHILOMAN), creating modest administrative and evidentiary demands."}},"importantCases":[],"_links":{"self":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-members-declaration-2018","history":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-members-declaration-2018/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-members-declaration-2018/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-members-declaration-2018/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-members-declaration-2018/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-members-declaration-2018/documents"}}