{"id":"F2006L01819","name":"Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2006 (2)","slug":"safety-rehabilitation-and-compensation-definition-of-employee-notice-2006-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":59625,"registerId":"commonwealth-F2006L01819-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2006 (2)","content":"![](image.001.png)\n\nSafety, Rehabilitation and Compensation (Definition of Employee) Notice 2006 (2)\n\nNotice No. 2 of 2006.\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 14 June 2006\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 2006 (2).\n\n2 Commencement\n\nThis Notice commences on registration on the Federal Register of Legislative Instruments.\n\n3 Declaration\n\nFor subsection 5(6) of the Safety Rehabilitation and Compensation Act 1998 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 Australian Medical Assistance Team(s)\n\n| Class of persons                                                                                                                                                                                                                                                                                                                | Class of Acts                                                                                                                                                                 |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Members of the Australian Medical Assistance Team(s), 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 an earthquake that struck the Yogyakarta region of Indonesia on 27 May 2006. | All acts of medical assistance and other associated activities in connection with responding to the earthquake that struck the Yogyakarta region of Indonesia on 27 May 2006. |","sortOrder":0}],"analysis":{"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":2,"scope_assessment":{"changed":false,"description":"This Notice applies an existing power in the Safety, Rehabilitation and Compensation Act 1988 to a narrow, event‑specific class of persons. It does not broaden the Act's general coverage or add new substantive regimes; it simply declares that, for the specified response to the 27 May 2006 Yogyakarta earthquake, certain team members are to be treated as Commonwealth employees for the Act's purposes. That is consistent with the Act's original purpose of allowing the executive to declare particular classes of persons as employees for coverage."},"complexity_factors":["Single, event‑specific declaration (one Schedule row)","Few cross‑references (only subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988)","No defined terms within the instrument itself beyond ordinary language","Limited conditional logic (appointment under Attorney‑General + operation at direction of Emergency Management Australia)","Short text (three operative clauses plus a one‑row Schedule)"],"plain_english_summary":"**What this instrument does (mechanically):**\n\n- It declares, for the purposes of the Safety, Rehabilitation and Compensation Act 1988, that a defined class of people are to be treated as employees of the Commonwealth.  (That means they are covered by the Commonwealth workers' compensation/rehabilitation scheme for injuries arising from the work described.)\n\n**Who is covered:**\n\n- Members of the Australian Medical Assistance Team(s) who were appointed under the authority of the Attorney‑General and who were operating at the direction of Emergency Management Australia (a division of the Attorney‑General’s Department) in response to the earthquake that struck the Yogyakarta region of Indonesia on 27 May 2006.\n\n**What acts count as the \"employment\":**\n\n- Any medical assistance and associated activities connected with responding to that Yogyakarta earthquake are taken to be the acts that constitute their employment by the Commonwealth.\n\n**Why it matters (official purpose and practical effects):**\n\n- Officially, the Notice is a targeted use of a power in the Safety, Rehabilitation and Compensation Act to extend Commonwealth employee status to a particular, time‑and‑event limited group so they are eligible for Commonwealth workplace rehabilitation and compensation entitlements for injuries or illnesses that arise from that response activity.\n\n- Practically, the effect is that members meeting the description who are injured while performing the covered response activities will make claims (and receive entitlements) under the Commonwealth scheme rather than under some other employer’s scheme or no statutory scheme at all. The Commonwealth therefore takes on potential liability and administrative responsibility for those claims.\n\n**How it works in plain terms:**\n\n- The Minister issues the declaration under a specific subsection of the Act. The Schedule names the class of people and the class of acts. If a person falls within that description, the law treats the person as an employee of the Commonwealth for the purpose of the Act, and the \"employment\" is the performance of the response activities described.\n\n**Who pays and who decides:**\n\n- The Commonwealth becomes the relevant employer for claims under the Safety, Rehabilitation and Compensation Act 1988 and bears the financial and administrative costs of any resulting claims. The Attorney‑General (by appointing team members) and Emergency Management Australia (by directing their deployment) are the decision points that determine who falls within the declared class.\n\n**Costs, incentives and trade‑offs:**\n\n- Benefits: reduces legal uncertainty for deployed medical personnel (including volunteers or contractors) about access to rehabilitation and compensation; may encourage participation by clarifying coverage.\n\n- Costs: potential fiscal exposure for the Commonwealth in respect of claims arising from the specified response; administrative costs to handle claims.\n\n- Implementation/administration: eligibility will turn on documentary proof of appointment under the Attorney‑General’s authority and evidence of operating at the direction of Emergency Management Australia in relation to the 27 May 2006 earthquake. Ambiguity about who qualifies could generate disputes and administrative burden.\n\n**Limits and boundaries:**\n\n- The declaration is narrowly focused: it applies only to the specific teams, the specific direction (EMA), and the specific event (the Yogyakarta earthquake on 27 May 2006). It does not by itself widen the Act generally or change coverage for other events or other classes of workers.\n\n(References in the instrument: the operative declaration appears at clause 3 and the detailed description is in the Schedule.)"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Notice serves exactly the purpose intended by subsection 5(6) of the SRC Act: to declare specific classes of non-employees as 'deemed employees' for workers' compensation purposes in particular circumstances. It has not expanded beyond this original intent; it is a standard, narrow application of the provision to a specific humanitarian deployment."},"complexity_factors":["Very short instrument (3 sections plus schedule)","Only 1 defined class of persons and 1 class of acts in the Schedule","Single operative provision relying on one subsection of the parent Act (s 5(6))","No nested exceptions or conditional logic beyond the specific factual scenario (Yogyakarta earthquake, 27 May 2006)","No cross-references to other legislation beyond the enabling provision","Temporal and geographic limitations are explicit and narrow"],"plain_english_summary":"This notice temporarily treats members of the Australian Medical Assistance Team(s) deployed to the 27 May 2006 Yogyakarta earthquake as if they were Commonwealth employees under the Safety, Rehabilitation and Compensation Act 1988, extending workers’ compensation (medical treatment, income replacement, rehabilitation, and impairment benefits) for injuries, illness or death arising from that response. \n\nIt applies only to that specific disaster deployment and does not create ongoing employment status."}},"importantCases":[],"_links":{"self":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2006-2","history":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2006-2/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2006-2/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2006-2/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2006-2/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2006-2/documents"}}