{"id":"F2010L03275","name":"Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2010 (1)","slug":"safety-rehabilitation-and-compensation-definition-of-employee-notice-2010-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":85517,"registerId":"commonwealth-F2010L03275-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 2010 (1)","content":"![](image.001.png)\n\nSafety, Rehabilitation and Compensation (Definition of Employee) Notice 2010 (1)\n\nNotice No. 1 of 2010.\n\nI, CHRIS EVANS, Minister for Tertiary Education, Skills, Jobs and Workplace Relations, make this Notice under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988.\n\nDated 3 December 2010\n\nCHRIS EVANS\n\nMinister for Tertiary Education, Skills, Jobs and Workplace Relations\n\n1 Name of Notice\n\nThis Notice is the Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2010 (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 the purposes of 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, 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 specified in Column 2 of the Schedule.\n\nSchedule\n\n| Column 1: Class of persons                                                                                                                                                                                                          | Column 2: Class of acts                                        |\n| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------- |\n| Persons who, under the control or direction of a Commonwealth officer assist, without receiving remuneration (other than payment of expenses incurred), in the operation of Questacon – The National Science and Technology Centre. | Acts performed in connection with the rendering of assistance. |","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This notice performs exactly the narrow, specific function intended by subsection 5(6) of the SRC Act: extending employee status to particular classes of non-employees. It has not expanded beyond its original purpose; it covers only one discrete group (Questacon volunteers) as contemplated by the enabling provision."},"complexity_factors":["Very short instrument (4 sections plus a single-row schedule)","Only 1 defined class of persons and 1 class of acts","Single cross-reference to the parent Act (subsection 5(6) of the SRC Act)","No nested conditions, exceptions, or conditional logic beyond the basic criteria in the Schedule (unpaid, under Commonwealth direction, assisting Questacon)","Straightforward declaratory structure—Minister simply declares X shall be taken to be Y"],"plain_english_summary":"This notice treats unpaid volunteers who help operate Questacon as Commonwealth employees for the Safety, Rehabilitation and Compensation Act 1988, but only if they work under a Commonwealth officer and receive no payment beyond expense reimbursement. \n\nThat change lets those volunteers access workers' compensation (medical, rehabilitation, income support) for work-related injury—a narrowly targeted fix for Questacon, not a general volunteers' compensation scheme."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Notice does not amend the Safety, Rehabilitation and Compensation Act 1988. Using the power in subsection 5(6), it designates a particular class of persons as employees for the Act’s purposes. It exercises an existing statutory declaration power to add a specific application rather than changing the Act’s general scope or creating a new class beyond that power."},"complexity_factors":["Very narrow subject matter: single class of persons (Questacon volunteers) and a single declared effect (employee status).","Legal mechanism is a statutory declaration under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988 rather than an amendment to primary legislation.","Operative definition-based effect: the instrument treats specified acts as constituting ‘employment’ for Act purposes, which may interact with statutory definitions of remuneration and employee status.","Administrative and compliance impact on the Commonwealth as employer (record-keeping, workers’ compensation obligations) despite absence of wage payments (only expense reimbursement).","Potential scope ambiguity in the qualifying phrase 'assist, without receiving remuneration (other than payment of expenses incurred)' that could generate interpretive disputes.","No transitional, enforcement or procedural detail in the Notice — it relies on existing statutory processes for implementation."],"plain_english_summary":"This Notice declares that people who assist, unpaid (other than expense reimbursement), in operating Questacon are to be treated as employees of the Commonwealth for the purposes of the Safety, Rehabilitation and Compensation Act 1988. It therefore treats their voluntary acts as constituting employment and brings those volunteers within the Commonwealth’s workplace injury and compensation framework, affecting the volunteers and the Commonwealth’s administrative and liability obligations."},"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-2010-1","history":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2010-1/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2010-1/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2010-1/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2010-1/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2010-1/documents"}}