{"id":"F2007L01982","name":"Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2007 (2)","slug":"safety-rehabilitation-and-compensation-definition-of-employee-notice-2007-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":66934,"registerId":"commonwealth-F2007L01982-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 2007 (2)","content":"![](image.001.png)\n\nSafety, Rehabilitation and Compensation (Definition of Employee) Notice 2007 (2)\n\nNotice No. 2. of 2007.\n\nI, JOE HOCKEY, Minister for Employment and Workplace Relations, make this Notice under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988.\n\nDated this 21 June 2007.\n\nJOE HOCKEY\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 2007(2).\n\n2 Commencement\n\nThis Notice takes effect from 1 July 2007.\n\n3 Declaration\n\nFor subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988, I declare that:\n\n(a) a person who is included in a class of persons referred to in Column 2 of the Schedule, being a class of persons who engage in activities at the request or direction, for the benefit, or under a requirement made by or under a law of the Commonwealth, or at the request or direction, or for the benefit, of a Commonwealth authority, is employed by the Commonwealth or by that authority, as the case may be; and\n\n(b) the employment of the person is constituted by the performance by the person of an act included in the class of acts referred to in Column 3 of the Schedule opposite to the reference to that class of person.\n\nSchedule – Definition of Employee\n\n| Column 1Item | Column 2Class of Persons                                                                                                                                                                                                                                   | Column 3Class of Acts                                                                      |\n| ------------ | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------ |\n| 1            | Members of the Australian Air Force Cadets established under section 8 of the Air Force Act 1923                                                                                                                                                           | Acts performed in connection with the activities of the Cadets                             |\n| 2            | Members of the Australian Army Cadets established under section 62 of the Defence Act 1903                                                                                                                                                                 | Acts performed in connection with the activities of the Cadets                             |\n|              | Members of the Australian Navy Cadets established under section 38 of the Naval Defence Act 1910                                                                                                                                                           | Acts performed in connection with the activities of the Cadets                             |\n| 3            | Persons employed under an agreement or arrangement made between the Commonwealth and the Government of another country for the purposes of rendering services to the Government of that other country outside Australia                                    | Acts performed under the agreement or arrangement                                          |\n| 4            | Persons who, under the control or direction of a Commonwealth officer, assist, without receiving any remuneration (excluding payment of expenses incurred), in extinguishing, or preventing the spread of, a fire at the Defence Support Centre at Woomera | Acts performed in connection with the extinguishing, or preventing the spread of, the fire |\n\n  \n\n| 5   | Persons who, under the control or direction of a Commonwealth officer, take part, without receiving any remuneration (excluding payment of expenses incurred), in search and rescue activities or training exercises carried out by the Department of Transport and Regional Services or the Civil Aviation Safety Authority | Acts performed in connection with the carrying out of the search and rescue activities or training exercises |\n| --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------ |\n| 6   | Persons rendering assistance to a designated Commonwealth officer in the performance of his or her duty at the request of that officer or in the honest and reasonable belief that the assistance was necessary for the performance by the officer of his or her duty                                                        | Acts performed in rendering the assistance                                                                   |\n| 7   | Persons who, under the control or direction of a Commonwealth officer, render services, without receiving remuneration (excluding payment of expenses incurred), in an institution or for a service conducted by the Department of Veterans’ Affairs                                                                         | Acts performed in connection with the rendering of the services                                              |\n| 8   | Persons who, under the control or direction of a Commonwealth officer, take part, without receiving any remuneration (excluding payment of expenses incurred), in the carrying out of a health survey in the Australian Capital Territory                                                                                    | Acts performed in connection with the carrying out of the survey                                             |\n\n  \n\n| 9   | Persons who, under the control or direction of a Commonwealth officer, take part, without receiving any remuneration (excluding payment of expenses incurred), in activities relating to civil defence carried out in the Australian Capital Territory                                                                                                                                                                                                                                                                                                                                                                                                                                                                    | Acts performed in connection with the carrying out of the activities                |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------- |\n| 10  | Persons who, under the control and direction of a Commonwealth officer, assist, without receiving any remuneration (other than payment of expenses incurred), in the running of the National Library of Australia                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         | Acts performed in rendering the assistance                                          |\n| 11  | Persons, other than a Minister of State of a State, a member of the Parliament of a State or a person holding, or acting in, an office (including a judicial office) established by a law of the Commonwealth, of a State or of a Territory of the Commonwealth, who are members of a board, committee or other body or group of persons (not being a body corporate) to which they are appointed by, or on the nomination or with the approval of, the Governor-General, a Minister of State, a Commonwealth authority, a member of the Australian Public Service or a person holding, or acting in, an office of a Territory of the Commonwealth (other than the Northern Territory or the Territory of Norfolk Island) | Acts performed as a member of the board, committee or other bodyor group of persons |\n\n  \n\n| 12  | Persons-(a) engaged under subsection 26(3) of the High Court of Australia Act 1979;or(b) whose services have beenmade available under subsection 26(6) of that Act,for the purposes of theHigh Court | Acts performed for the purposes of the High Court |\n| --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------- |\n| 13  | Persons employed to assist in the households of the Governor-General who are employed otherwise than on a regular basis                                                                              | Acts performed in the course of that employment   |\n\nA reference in the Second Column to a designated Commonwealth officer shall be read as a reference to—\n\n-   the sheriff of the Australian Capital Territory or a deputy sheriff appointed under section 46 of the Supreme Court Act 1933 of that Territory to assist him or her in the execution of his or her duties;\n-   an officer of Customs within the meaning of the Customs Act 1901;\n-   the Marshal or a Deputy Marshal of the Family Court of Australia;\n-   the Sheriff or a Deputy Sheriff of the Federal Court of Australia; or\n-   the Marshal or a Deputy of the Marshal of the High Court or a person appointed under section 27 of the High Court of Australia Act 1979 to assist the Marshal and his or her Deputies.","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":3,"scope_assessment":{"changed":true,"description":"The Notice expands who counts as an 'employee' under the Safety, Rehabilitation and Compensation Act by expressly declaring the listed groups to be Commonwealth employees for acts in the Schedule (section 3; Schedule Columns 2–3). Practically, this shifts safety/rehabilitation/compensation liability onto the Commonwealth for those acts, creates obligations on agencies to identify covered persons and to determine when activity and supervision fall within the declared classes, and requires agencies to evaluate payments that may or may not be 'remuneration' (see Schedule and the designated Commonwealth officer list)."},"complexity_factors":["Declaratory form is mechanically simple: a Ministerial declaration under subsection 5(6) creates employee status for listed classes (section 3; Schedule).","Multiple discrete classes are enumerated across the Schedule (Columns 2–3), requiring agencies to map roles to the list.","Cross-references to other statutes (Air Force Act 1923, Defence Act 1903, Naval Defence Act 1910, High Court of Australia Act 1979, Customs Act 1901, Supreme Court Act 1933) create interpretative work to identify covered persons (Schedule items 1, 2, 3, 12 and designated officer list).","Several entries cover unpaid participants but qualify out payments of expenses — agencies must assess what counts as 'remuneration' and enforce the exclusion (Schedule items 4–10).","'Under the control or direction of a Commonwealth officer' is operationally open-ended and will require factual determinations by agencies (Schedule columns and designated officer definition).","The notice centralises discretion in the Minister's exercise of s5(6) to declare classes, rather than setting exhaustive statutory criteria (section 3).","A fixed commencement date (1 July 2007) creates a clear temporal cutoff for application but requires record checks for incidents around that date (section 2).","Minor formatting/placement inconsistencies in the Schedule (line breaks across items) could cause drafting-interpretation queries, though substance is explicit."],"plain_english_summary":"This Ministerial notice declares that particular groups — including members of the Air Force, Army and Navy Cadets, people under certain overseas service arrangements, unpaid volunteers who assist Commonwealth officers (for example in firefighting at Woomera, search and rescue, National Library duties, health surveys or civil defence), certain High Court appointees and casual household staff of the Governor‑General — are to be treated as employees of the Commonwealth for the Safety, Rehabilitation and Compensation Act 1988. That classification makes the Commonwealth liable for safety, rehabilitation and compensation for the listed acts and requires agencies to identify and manage covered persons."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This notice operates exactly as intended under the parent Act — it is a specific declaration under subsection 5(6) that extends employee status to particular classes of persons. The scope remains tightly constrained to the statutory mechanism for expanding coverage to volunteers and non-standard workers."},"complexity_factors":["Straightforward tabular structure with only 13 items","Single operative provision (section 3) with two sub-paragraphs","Minimal cross-referencing — only refers back to the parent Act (Safety, Rehabilitation and Compensation Act 1988, subsection 5(6))","Some complexity in Item 11's exclusion clause (excluding state ministers, parliamentarians, and certain office holders from board membership coverage)","Defined term 'designated Commonwealth officer' requires reading a separate list of five specific officer types at the end","No nested exceptions or conditional logic beyond the basic 'unpaid except expenses' qualification repeated across multiple items"],"plain_english_summary":"This 2007 ministerial notice expands the Safety, Rehabilitation and Compensation Act 1988 to treat numerous volunteers, cadets, unpaid helpers and certain other non‑employee participants as \"Commonwealth employees\" for workers’ compensation and rehabilitation purposes.  \n\nIt ensures people who assist or serve in Commonwealth functions — from cadet members and volunteer firefighters to advisory board members and other unpaid helpers — can claim compensation if injured while performing those roles."}},"importantCases":[],"_links":{"self":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2007-2","history":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2007-2/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2007-2/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2007-2/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2007-2/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2007-2/documents"}}