{"id":"F2008L01552","name":"Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2008 (1)","slug":"safety-rehabilitation-and-compensation-definition-of-employee-notice-2008-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73652,"registerId":"commonwealth-F2008L01552-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 2008 (1)","content":"![](image.001.png)\n\nSafety, Rehabilitation and Compensation (Definition of Employee) Notice 2008 (1)\n\nNotice No. 1 of 2008.\n\nI, JULIA GILLARD, Minister for Employment and Workplace Relations, make this Notice under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988.\n\nDated 14 May 2008\n\nJulia Gillard\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 2008 (1).\n\n2 Commencement\n\nThis Notice commences on the day after it is registered 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, or for the benefit, of the Commonwealth, 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\nNote The persons are engaged in activities or perform acts at the request or direction, or for the benefit, of the Commonwealth.\n\n  \n\nSchedule China earthquake response team\n\n| Class of persons                                                                                                                                                                                                                                                                             | Class of Acts                                                                                                              |\n| -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------- |\n| Members of the urban search and rescue 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, responding to the May 2008 earthquake in Sichuan province, China. | All acts performed in connection with the response to the earthquake that occurred in May 2008 in Sichuan province, China. |","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This notice serves exactly its original purpose: extending workers' compensation coverage to specific non-employees for a specific emergency response. It has not grown beyond its narrow, targeted intent."},"complexity_factors":["Very short document (approximately 300 words)","Only 2 defined classes (persons and acts) in a simple table format","Single purpose: extending statutory definition for one specific event","No cross-references beyond the enabling Act subsection","No conditional logic or exceptions","Straightforward declaratory language ('shall be taken to be employed')"],"plain_english_summary":"The notice temporarily treats members of Australia’s urban search and rescue team sent to the May 2008 Sichuan earthquake as Commonwealth employees for workers’ compensation purposes only. It ensures those appointed by the Attorney‑General and operating under Emergency Management Australia receive SRC Act coverage for injuries or death while responding to that specific disaster."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Notice temporarily expands the Act's coverage by declaring a specified class (urban search-and-rescue members responding to the May 2008 Sichuan earthquake) to be Commonwealth employees for the Act's purposes, thereby extending workers' compensation and rehabilitation responsibilities to the Commonwealth for acts connected with that response (Declaration, s3; Schedule)."},"complexity_factors":["Very narrow, single-incident scope limited to the May 2008 Sichuan earthquake (Schedule).","Operative effect is a straight statutory declaration that a defined class is to be 'taken to be employed' for the Act (Declaration, s3).","Relies on subsection 5(6) of the Safety, Rehabilitation and Compensation Act as the power-granting provision (Declaration, s3).","Qualification depends on appointment and direction by Executive agencies (Attorney‑General; Emergency Management Australia), introducing administrative discretion about who qualifies (Schedule).","Potential minor ambiguity in the instrument's text referring to the Act as both 1988 and 1998, which may require administrative or drafting clarification.","Interacts with claims-administration processes, insurers and Commonwealth liability mechanisms — simple in principle but requiring operational coordination."],"plain_english_summary":"This Notice declares that members of the urban search-and-rescue team appointed under the Attorney‑General and operating under Emergency Management Australia during the May 2008 Sichuan earthquake are to be treated as employed by the Commonwealth for purposes of the Safety, Rehabilitation and Compensation Act (Declaration, s3; Schedule).\n\nMechanically, that makes the Commonwealth responsible for workers’ compensation and rehabilitation claims arising from acts connected with that response, affecting those team members and the administrators who process claims."},"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-definition-of-employee-notice-2008-1","history":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2008-1/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2008-1/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2008-1/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2008-1/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2008-1/documents"}}