{"id":"F2019L00305","name":"Safety, Rehabilitation and Compensation (Specified Persons and Acts) Declaration 2019","slug":"safety-rehabilitation-and-compensation-specified-persons-and-acts-declaration-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98909,"registerId":"commonwealth-F2019L00305-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Safety, Rehabilitation and Compensation (Specified Persons and Acts) Declaration 2019.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\nIn this instrument:\n\nAct means the Safety, Rehabilitation and Compensation Act 1988.\n\nCommonwealth authority has the same meaning it has in the Act.\n\nEntity has the same meaning it has in the Act.\n\nlicensed corporation has the same meaning it has in the Act.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Declaration of specified persons and acts","content":"#### 5 Declaration of specified persons and acts\n\nFor the purposes of subsection 5(6) of the Act:\n\n(a) a person who is included in a class of persons specified in column 1 of an item in the table in Schedule 1, being a class of persons who engage in activities or perform acts:\n\n(i) at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth; or\n\n(ii) at the request or direction, or for the benefit, of a Commonwealth authority or a licensed corporation;\n\nis taken to be employed by the Commonwealth as represented by the Entity in column 2 of the item, or by the authority or corporation specified in column 2 of the item, as the case may be; and\n\n(b) the employment of the person is taken to be constituted by the performance by the person of the acts specified in column 3 of the item.\n\n  \n\nSchedule 1—Specified persons and acts\n\nNote: See section 5\n\n| Note: See section 5. |\n| -------------------- |\n\n|      | Column 1                                                                                                                                                                                                                    | Column 2                                              | Column 3                                                                                                                                                                                                                          |\n| ---- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Item | Specified persons                                                                                                                                                                                                           | Entity, authority or corporation                      | Specified acts                                                                                                                                                                                                                    |\n| 1    | Persons who, under the control or direction of a Commonwealth officer, assist, without receiving any remuneration (other than payment of expenses incurred), in the running of the Australian War Memorial                  | Australian War Memorial                               | Acts performed in connection with the rendering of the assistance specified in column 1 of this item                                                                                                                              |\n| 2    | Persons who, under the control or direction of a Commonwealth officer, assist, without receiving any remuneration (other than payment of expenses incurred), in the running of the Great Barrier Reef Marine Park Authority | Great Barrier Reef Marine Park Authority              | Acts performed in connection with the rendering of the assistance specified in column 1 of this item                                                                                                                              |\n| 3    | A person appointed as Chief Scientist by the Minister for Industry, Science and Technology                                                                                                                                  | Department of Industry, Science, Energy and Resources | Acts performed in accordance with the role of Chief Scientist                                                                                                                                                                     |\n| 4    | A person appointed as Chief Executive Officer of the Australian Radioactive Waste Agency by the Minister responsible for the Australian Radioactive Waste Agency                                                            | Department of Industry, Science, Energy and Resources | Acts performed in accordance with the role of Chief Executive Officer                                                                                                                                                             |\n| 5    | Members of emergency response teams, appointed under the authority of the Minister for Emergency Management who are operating at the direction of National Emergency Management Agency                                      | National Emergency Management Agency                  | All acts performed within Australia and overseas, including training activities, performed in connection with a response to emergencies and their aftermath, where the assistance of the Australian Government has been requested |","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument extends the Act's coverage by declaring specified classes of persons and specified acts to be taken as employment by named Commonwealth Entities, thereby bringing those persons and acts within the Safety, Rehabilitation and Compensation Act 1988 regime as listed in Schedule 1 (see s5)."},"complexity_factors":["Cross-reference to subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988 — requires reading the Act to see full legal effect (see s5).","Use of defined terms from the Act (Commonwealth authority, Entity, licensed corporation) which import external definitions and boundaries (see s4).","Schedule table mapping classes of persons to Entities and to specified acts — clear structure but requires checking each item for scope and limits (Schedule 1).","Inclusion of roles appointed by Ministers and operational activities (e.g. emergency response, overseas acts) introduces factual questions about when the declaration applies (Schedule 1 items).","Limited substantive detail about administrative processes or eligibility criteria in the instrument itself — practical implementation depends on the Act and Entity practice."],"plain_english_summary":"This instrument declares that, for the Safety, Rehabilitation and Compensation Act 1988, particular classes of people and the acts they perform are to be treated as employment by the named Commonwealth entities (see s5). Mechanically it links person‑classes to an Entity and specifies which acts count as that employment.\n\nIt affects unpaid assistants to Commonwealth bodies, certain Minister‑appointed officers and specified emergency‑response team members. The named Entities become responsible for administering compensation and rehabilitation entitlements and for related decisions and costs for those acts."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the function intended by subsection 5(6) of the SRC Act: declaring specified persons and acts for the purpose of extending coverage. It has not expanded beyond this narrow administrative purpose."},"complexity_factors":["Very short instrument (only 5 substantive sections plus Schedule)","Only 4 defined terms, all referencing external definitions in the parent Act","Simple tabular structure in Schedule 1 with only 5 items","No nested exceptions or complex conditional logic","Single operative provision (section 5) with straightforward deeming language","No cross-references to other legislation beyond the parent SRC Act"],"plain_english_summary":"This declaration treats certain non‑Commonwealth people — unpaid volunteers at the Australian War Memorial and the Great Barrier Reef Marine Park Authority, specified senior appointees (e.g. the Chief Scientist and the ARWA CEO), and designated emergency response team members — as Commonwealth employees for the Safety, Rehabilitation and Compensation Act 1988. It therefore extends workers’ compensation protection to them for injuries or illnesses suffered while performing those official duties."}},"importantCases":[],"_links":{"self":"/api/acts/safety-rehabilitation-and-compensation-specified-persons-and-acts-declaration-2019","history":"/api/acts/safety-rehabilitation-and-compensation-specified-persons-and-acts-declaration-2019/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-specified-persons-and-acts-declaration-2019/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-specified-persons-and-acts-declaration-2019/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-specified-persons-and-acts-declaration-2019/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-specified-persons-and-acts-declaration-2019/documents"}}