{"id":"F2005L02325","name":"Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2005 (2)","slug":"safety-rehabilitation-and-compensation-definition-of-employee-notice-2005-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":36697,"registerId":"commonwealth-F2005L02325-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2005 (2)","content":"![](image.001.png)\n\nSafety, Rehabilitation and Compensation (Definition of Employee) Notice 2005 (2)\n\nNotice No. 2 of 2005.\n\nI, KEVIN JAMES ANDREWS, Minister for Employment and Workplace Relations, make this Notice under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988.\n\nDated: 16 August 2005\n\nKevin Andrews\n\nMinister for Employment and Workplace Relations\n\n1 Name of Notice\n\nThis Notice is the Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2005 (2).\n\n2 Commencement\n\nThis Notice commences on 17 August 2005.\n\n3 Declaration\n\nFor subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988 I declare that:\n\n(a) the class of persons specified in Column 1 of the Schedule, being persons who engage in the activities or perform acts specified in Column 2 of the Schedule, at the request or direction of the Attorney General, shall be taken to be employed by the Commonwealth, and\n\n(b) the employment of such persons shall, for those purposes, be taken to be constituted by the performance by such persons of the acts or activities referred to in the Schedule.\n\n  \n\nSchedule Definition of Employee\n\n| Item | Class of Persons                                                                                                                                                                                                                                                                | Acts or Activities                                                                           |\n| ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------- |\n| 1    | Members of the Wild Fire Assessment Team, appointed under the authority of the Attorney General, who are operating at the direction of Emergency Management Australia, a division of the Attorney General’s Department, in response to major forest fires burning in Indonesia. | All acts performed in connection with responding to major forest fires burning in Indonesia. |","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":false,"description":"This instrument does not amend the Safety, Rehabilitation and Compensation Act 1988; it uses subsection 5(6) to declare a specified class of persons to be employees of the Commonwealth for the Act’s purposes (see Declaration and Schedule). The declaration is narrowly tailored to those appointed and directed to respond to Indonesian forest fires and therefore confines scope to the listed class and activities."},"complexity_factors":["Narrow, single-purpose instrument: declares one defined class (Wild Fire Assessment Team) as employees (low structural complexity).","Relies on subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988 — requires cross-reference to primary statute to see legal consequences.","Broad operative phrase “all acts performed in connection with responding…” may create uncertainty about the outer bounds of covered activities.","Administrative discretion: coverage depends on appointment by the Attorney‑General and direction by Emergency Management Australia (delegated decision points).","Cross‑border operation (Indonesia) can raise questions about jurisdictional application and interaction with local arrangements.","Immediate commencement date increases near‑term implementation demands on agencies administering entitlements."],"plain_english_summary":"This notice declares that members of the Wild Fire Assessment Team — appointed by the Attorney‑General and operating under Emergency Management Australia to respond to major forest fires in Indonesia — are to be treated as employees of the Commonwealth for the purposes of the Safety, Rehabilitation and Compensation Act 1988. Their employment is constituted by performing acts connected with that response.\n\nEffect: the Commonwealth becomes responsible under that Act for rehabilitation and compensation liabilities arising from those activities; the Attorney‑General/EMA decide who is covered and when."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This notice aligns precisely with the original intent of subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988, which specifically exists to allow the Minister to declare certain classes of persons as 'deemed employees' for workers' compensation purposes. The scope remains tightly confined to the specific emergency response described."},"complexity_factors":["Extremely short instrument (approximately 300 words)","Only 1 defined class of persons in the Schedule (Wild Fire Assessment Team)","Single operative provision with straightforward deeming language","No nested exceptions or conditional logic beyond the specific factual scenario (Indonesian fires, Attorney General direction)","No cross-references to other legislation beyond the empowering provision (subsection 5(6) of the SRC Act)","Simple tabular format in Schedule with only 2 columns and 1 row"],"plain_english_summary":"This short notice treats members of the Wild Fire Assessment Team—appointed by the Attorney‑General and operating under Emergency Management Australia during the Indonesian forest fires—as Commonwealth employees for the Safety, Rehabilitation and Compensation Act 1988. That deeming gives team members (and their families) access to Commonwealth workers’ compensation and rehabilitation for injuries or death sustained while performing the specified emergency duties overseas. Coverage is narrow and limited to that deployment and listed activities."}},"importantCases":[],"_links":{"self":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2005-2","history":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2005-2/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2005-2/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2005-2/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2005-2/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2005-2/documents"}}