Safety, Rehabilitation and Compensation (Definition of Employee – War Artists and Entertainers) Notice 2015

The Notice operates through a small set of legal concepts and mechanisms, all stated in its text.

• Deemed employment for a single statutory purpose. Clause 3.1 uses the statutory power in subsection 5(6) of the SRC Act to “declare” that particular persons “shall be taken, for the purposes of the SRC Act, to be employed by” a Commonwealth authority or the Commonwealth. The key concept is a statutory fiction limited to the SRC Act. The instrument does not purport to create general employment status under other laws.

• Definition by activity. The instrument does not define an employment relationship by contract, payroll or personnel status; it defines employment by reference to performance of specified acts or activities listed in Column 2 of the Schedule. Clause 3.1(b) makes clear the employment “shall, for the purposes of the SRC Act, be taken to be constituted by the performance by such persons of the acts or activities specified in Column 2 of the Schedule.”

• Specified classes and bodies. The Schedule sets out two classes of persons (Column 1), the acts or activities that constitute the relevant employment (Column 2), and the Commonwealth body to which the deemed employment is attached for SRC Act purposes (Column 3). Item 1 connects commissioned war artists and the Australian War Memorial; Item 2 connects contracted entertainers and support personnel with the Commonwealth via the Department of Defence.

• Geographic or situational limitation. Item 1 limits coverage to “acts performed in an Australian Defence Force area of operations for the purpose of providing works as commissioned by the Australian War Memorial.” That locational requirement is an express element of the acts that constitute employment for Item 1. Item 2 does not impose an analogous geographic restriction; it covers “Acts performed in the provision or support of entertainment” without an express geographic constraint in Column 2.

• Exclusions that carve out overlapping regimes. Clause 3.2 provides two categories of exclusion. Subclause (a) excludes persons who are “members” as defined in s 5 of the Military Rehabilitation and Compensation Act 2004; subclause (b) excludes persons who are already covered by a State, Territory or foreign workers’ compensation law in respect of the same employment. These exclusions operate as prioritisation rules: where those other regimes apply, the Notice’s deeming does not.

• Notes in the Schedule clarifying the direction/request element. The Schedule contains a note for Item 1 stating that a person commissioned by the Australian War Memorial is “taken to have acted at the direction or request of the Australian War Memorial when performing acts in an Australian Defence Force area of operations for the purposes of providing works as commissioned by the Australian War Memorial.” That note resolves, within the instrument, the “request or direction” trigger identified in s 3.1.

• Ministerial instrument and commencement. The instrument is made by the Minister for Employment (signed MICHAELIA CASH) and expressly takes effect the day after registration (s 2). It is expressed as a Notice under s 5(6) of the SRC Act, and so derives its legal force from that statutory head of power.

These concepts combine to produce a narrowly targeted statutory qualification of employment status that is activity-defined, temporally and situationally limited for Item 1, and subject to overlapping statutory exclusions.

The Notice identifies three sets of affected parties directly in its operative text: the individuals listed in the Schedule’s Column 1 classes, the Commonwealth bodies specified in Column 3, and bodies or laws that might otherwise cover the same employment (relevant State/Territory/foreign workers’ compensation laws and the Military Rehabilitation and Compensation Act 2004).

• Persons directly covered. Column 1 of the Schedule defines persons who are within the scope of the declaration. Item 1: “Persons commissioned by the Australian War Memorial to provide original works in a range of media, including still photography, cinematography, paintings, drawings and written work concerning the operations of the Australian Defence Force.” Item 2: “Persons contracted by the Department of Defence for the purposes of providing: (a) entertainment; (b) support for entertainment referred to in paragraph (a); (c) management or technical support for entertainment referred to in paragraph (a); or (d) support for management or technical support referred to in paragraph (c).” The Notice therefore affects both commissioned creative practitioners engaged by the Australian War Memorial and a range of contracted personnel engaged by the Department of Defence for entertainment and related services.

• Employer-entities identified. Column 3 specifies who is to be regarded as the employer for SRC Act purposes: Item 1 assigns the Australian War Memorial (the Schedule notes it is a Commonwealth authority); Item 2 assigns “The Commonwealth,” explicitly explained in the Schedule Note as “the Commonwealth as represented by the Department of Defence.” The effect is that for SRC Act claims arising from the listed acts, the relevant Commonwealth body is the nominal employer.

• Excluded groups. Clause 3.2(a) excludes persons who are “members” as defined in s 5 of the MRCA 2004. Although the instrument does not define “member,” it expressly defers to MRCA s 5. Clause 3.2(b) excludes persons to whom a State, Territory or foreign workers’ compensation law applies in respect of the employment described in s 3.1(b). Thus individuals already within the MRCA or a State/Territory/foreign workers’ compensation regime are carved out.

• Administrative actors. The Department of Defence and the Australian War Memorial are affected operationally: they must accept that certain contractors, commissioned artists and support personnel are to be taken as their employees for the narrow statutory purpose of the SRC Act. That affects internal administrative processes for incident reporting, claims management and liaison with Comcare (or the relevant SRC Act administering body), though the Notice itself does not set out administrative procedures.

• Indirectly affected parties. Insurers, commercial contractors, managers of contracts and personnel advisers who arrange access to Defence areas, and the performers or artists’ own contracting entities will be affected in practice because the SRC Act deeming will change which employer is nominally responsible for SRC Act liabilities. The instrument does not mention insurers or contractual indemnities; their involvement follows from the change in employer attribution.

• Scope boundaries. The Schedule limits Item 1 to acts in “an Australian Defence Force area of operations,” which may reduce the number of commissioned artists brought within the declaration to those who perform in those defined operational areas. Item 2 contains no parallel geographic constraint, suggesting broader potential coverage of entertainers and support personnel contracted by Defence wherever the entertainment is provided, subject to the exclusions in s 3.2.

In summary, the Notice affects individual war artists commissioned by the Australian War Memorial for ADF operational work, Defence-contracted entertainers and specified support personnel, plus the Australian War Memorial and Defence (representing the Commonwealth) themselves, and any overlapping statutory regimes named in the exclusions.

The Notice itself creates a specific statutory characterisation rather than freestanding duties or rights. Nevertheless, the characterisation has immediate legal consequences because it determines employer attribution under the SRC Act. The instrument’s text implies the following duties and rights architecture.

• Limited statutory right to SRC Act coverage. By declaring certain persons to be “taken…to be employed” by the Australian War Memorial or the Commonwealth “for the purposes of the SRC Act” (s 3.1(a)), the Notice confers on those persons the right to be treated as employees under the SRC Act regime when making claims that fall within the acts specified in Column 2. The SRC Act contains entitlements and processes for employees; this Notice is a gatekeeper to those SRC Act procedures and benefits for the covered classes when the acts in the Schedule are performed.

• Attribution of employer responsibility for SRC Act claims. The Notice assigns employer status for SRC Act purposes to the body named in Column 3. That creates a legal duty on that employer-body,within the SRC Act context,to respond to claims, engage with SRC Act procedures, and meet statutory employer obligations under the SRC Act. The Notice does not itself set out those duties; it designates who will perform them by operation of the SRC Act.

• Employment defined by specified acts. Clause 3.1(b) states the employment “shall, for the purposes of the SRC Act, be taken to be constituted by the performance by such persons of the acts or activities specified in Column 2 of the Schedule.” This ties the existence of the deemed employment to specific acts, which means the right to SRC Act coverage and the employer’s corresponding duties are engaged only when the person performs those listed acts.

• Exclusions reduce rights or transfer them elsewhere. Clause 3.2(a) excludes MRCA “members,” and clause 3.2(b) excludes persons covered by a State, Territory or foreign workers’ compensation law in respect of the same employment. In those excluded cases, the right to SRC Act characterisation does not arise, and any duties or entitlements will follow the relevant MRCA or other workers’ compensation regime instead.

• Direction/request element and the Schedule note. The operative effect depends on acts being “performed at the request or direction of the Commonwealth or the Commonwealth authority identified in Column 3” (s 3.1). For Item 1, the Schedule provides a note clarifying that a commissioned person is treated as having acted at the direction or request of the Australian War Memorial when performing acts in an ADF area of operations for the purpose of providing commissioned works. That note reduces evidentiary friction about the “direction or request” trigger for Item 1 but does not extend to Item 2.

• No novel contract-based rights or obligations. The Notice does not purport to change contractual arrangements, payroll status, taxation or other statutory employment regimes outside the SRC Act. It creates a narrowly framed right to SRC Act treatment and assigns the employer for SRC Act purposes. Any duties of payment, payroll tax, superannuation, or other employment law matters are not addressed in the instrument.

• Administrative implications for the employer-bodies. Although not specified as operational duties, the designation will require the Australian War Memorial or the Department of Defence (as representative of the Commonwealth) to accept and process SRC Act claims, liaise with the SRC Act administrator, and respond to any statutory investigations or obligation under the SRC Act when a covered person makes a claim arising from the specified acts. The Notice itself does not specify those administrative obligations, but they follow from the employer attribution it creates.

• Limitation to acts listed. Because the employment is “constituted by the performance…of the acts or activities specified” (s 3.1(b)), the SRC Act rights and the employer duties in respect of those persons are circumscribed by the list in Column 2; acts outside that list are not brought within this deeming.

In practical terms, the Notice creates a claim pathway under the SRC Act for the specified classes, assigns which Commonwealth body will be treated as the employer for those claims, and leaves the detailed duties and remedies to be governed by the SRC Act and any excluded regimes (MRCA, state/territory or foreign workers’ compensation laws).

The Notice contains no express penalty provisions and does not itself set out enforcement mechanisms. Its legal effect is to change statutory characterisation for the purpose of the SRC Act; enforcement and remedies therefore arise under the SRC Act and related administrative machinery, not under the Notice itself. Key points from the instrument are:

• No penalty clauses in the Notice. The text comprises a declaration and a Schedule. It does not create offences, civil penalties, or administrative sanctions. There is no provision in the Notice that prescribes fines, suspensions or other penalties against individuals or bodies for non-compliance with the Notice.

• Enforcement routed to the SRC Act. Because the Notice operates “for the purposes of the SRC Act” (s 3.1), any enforcement of employer obligations, claim resolution, dispute processes or penalties would be governed by the SRC Act’s procedures and the SRC Act’s enforcement framework. The Notice does not describe those procedures. Any recourse for a covered person, and any obligations on an employer as to compensation, rehabilitation or other SRC Act duties, will therefore be exercised under the SRC Act.

• Determinations of coverage and exclusions. The Schedule and clause 3.2 create issues of scope and overlap that may require administration or adjudication under the SRC Act. For example, whether a person is excluded because a State, Territory or foreign workers’ compensation law applies (s 3.2(b)) is a factual and legal question that would be resolved by the relevant administering authority or tribunal under the SRC Act framework, or under the overlapping workers’ compensation law.

• Employer and administrative cooperation. The designation of the Australian War Memorial and the Commonwealth as the employer for SRC Act purposes implies that those bodies will be the ones expected to engage with any SRC Act enforcement processes, but the Notice itself provides no mechanism for compelling cooperation beyond the SRC Act’s own administrative powers.

• No independent sanctions for mischaracterisation by third parties. The Notice does not create a civil cause of action against third parties who fail to recognise the SRC Act characterisation, nor does it impose a statutory duty on private contractors beyond the SRC Act attribution. Any dispute about the application of the Notice will likely be processed through SRC Act procedures or judicial review channels available for administrative decisions under the SRC Act or related administrative law regimes, but the Notice itself is silent on enforcement pathways.

In sum, the Notice is an enabling, declaratory instrument without its own penalties; enforcement and sanctioning in practice will be conducted under the SRC Act and any other overlapping compensation regimes referenced by the Notice.

The Notice explicitly engages with, and in some respects defers to, other statutory regimes. Its text creates interaction points and prioritisation rules.

• SRC Act as primary operational context. The Notice is made under subsection 5(6) of the SRC Act and operates “for the purposes of the SRC Act” (s 3.1). That means the deemed employment relationship is effective only within the legal world of the SRC Act. The Notice does not purport to alter legal consequences under other Commonwealth statutes, state or territory legislation, or private contract law beyond that single purposive channel.

• MRCA exclusion. Clause 3.2(a) excludes persons who are “members” as defined under s 5 of the Military Rehabilitation and Compensation Act 2004. The instrument therefore recognises the MRCA as an alternative compensation scheme for certain military persons and removes the statutory deeming where the MRCA definition applies. The Notice does not describe the substantive rights under the MRCA; it simply disapplies the SRC Act deeming for those persons.

• State, Territory and foreign workers’ compensation. Clause 3.2(b) excludes any person to whom a State, Territory or foreign workers’ compensation law applies “in respect of that person’s employment as described in item 3.1(b).” Where a person is already within those other workers’ compensation systems with respect to the same employment acts, the SRC Act deeming does not apply. The Notice therefore establishes an exclusivity principle: where another jurisdiction’s workers’ compensation law applies to the employment described, the Commonwealth deeming is displaced.

• Relationship to contractual arrangements. The Notice does not purport to convert commercial contracts into employment contracts for general purposes, nor does it state it overrides contractual indemnities or insurance. It only attaches SRC Act employee status to persons performing the specified acts. This preserves the possibility of parallel contractual arrangements remaining in force, while changing only which entity is treated as the “employer” for SRC Act claims arising from the listed acts.

• Geographic condition and operational interface. Item 1 ties the deemed employment to acts “performed in an Australian Defence Force area of operations.” The Notice therefore interacts with whatever legal definitions or operational determinations exist for an “Australian Defence Force area of operations,” but the Notice itself does not define that phrase. Item 2 lacks an explicit geographic limit, which may create broader interaction with state/territory laws if services are provided outside ADF areas. The interaction with territorial jurisdiction and the determination of which workers’ compensation law properly applies (Commonwealth via SRC Act, or a State/Territory law) will be a live question in individual cases and is addressed only indirectly by the Notice via s 3.2(b).

• Administrative overlap. The Notice names entities (the Australian War Memorial and the Commonwealth represented by Department of Defence) that are subject to their own statutory governance regimes. The attribution of employer status for SRC Act purposes will interact with those entities’ internal duties, procurement rules, contract-management obligations and record-keeping practices, although none of those interactions are specified in the Notice text. Practically, those administrative interfaces will need to reconcile SRC Act processes with procurement and personnel practices.

• No express effect on taxation, superannuation or employment law outside SRC Act. The instrument does not state effects on other Commonwealth employment regimes (such as taxation or superannuation obligations) or on private law claims. The Notice’s language confines its effect to the SRC Act, which limits its direct legal interaction to compensation, rehabilitation and related SRC Act mechanisms.

Overall, the Notice sets a hierarchy for compensation coverage: where the MRCA or a State/Territory/foreign workers’ compensation law applies, the SRC Act deeming is displaced; otherwise, the selected persons are treated as Commonwealth employees for SRC Act purposes and the SRC Act applies to them, with consequent administrative and legal interactions left to the SRC Act and to other legal actors.

The instrument text presented is a standalone Ministerial Notice dated 8 December 2015 and named the Safety, Rehabilitation and Compensation (Definition of Employee - War Artists and Entertainers) Notice 2015 (see the heading and the signature block). The Notice contains no internal amendments or schedules indicating later modifications. The instrument states its commencement rule at section 2: it “commences on the day after it is registered on the Federal Register of Legislative Instruments.” No subsequent amending instrument, revocation clause, or expiry provision appears in the text provided.

From the instrument itself the amendment history is therefore as follows:

• Date and maker. The Notice is made by the Minister for Employment, MICHAELIA CASH, and dated 8 December 2015.

• Commencement. The instrument commences the day after registration on the Federal Register of Legislative Instruments (s 2). The text supplied does not show the registration date; the date on the instrument is 8 December 2015.

• No recorded amendments within instrument. The text supplied contains no references to prior versions, no schedules amending other instruments, and no subsequent amendment instruments. There are no revocation or sunset clauses within the Notice as given.

• Amendments outside the instrument. The Notice is made under subsection 5(6) of the SRC Act. Any amendment to the SRC Act’s subsection 5(6) or to the MRCA s 5 definition of “member,” or to State/Territory workers’ compensation laws, would alter the legal landscape in which the Notice operates, but those statutes are not reproduced in this instrument and no amendments to them are recorded here.

• Practical note. Because the Notice is an executive instrument that relies on registration and the ongoing text of other statutes (SRC Act and MRCA), any history of amendment logically resides either in subsequent Notices, in later amendments to the SRC Act or MRCA, or in administrative practice. None of those are recorded in the instrument text provided.

In short, the instrument as supplied appears to be a single, self-contained declaration made in December 2015, with commencement linked to registration, and with no amendment history recorded within the document itself.

The instrument as provided contains no references to litigation, judicial decisions, challenges, or administrative appeals. It is a short statutory declaration and does not record any legal proceedings. Consequently:

• No cases named in the instrument. The Notice does not cite any judicial decisions or administrative rulings in support of its contents.

• No explicit dispute-resolution clauses. The Notice does not specify procedures for resolving disputes arising from the application of the declaration; those mechanisms would be those found in the SRC Act or in other applicable laws, but they are not described or referenced in the Notice.

• Practical implication. Any litigation arising from the application, interpretation or scope of the Notice would necessarily proceed under the SRC Act’s enforcement and dispute-resolution framework (or under administrative law procedures applicable to Commonwealth instruments and decisions). The Notice itself contains neither case law nor judicial history.

Because the source text includes no litigation history, this section records that there is no litigation history contained within or attached to the Notice itself.

The Notice is concise, but contains a number of operational and legal points that create practical risks, uncertainty, or traps for practitioners and administrators. These are matters that will merit attention where people, authorities or contractors interact with the declaration.

• Limited to the SRC Act: confirm scope carefully. The Notice repeatedly states that the deemed employment is “for the purposes of the SRC Act” (s 3.1). It does not create broader employment status for other statutory regimes, taxation, superannuation, or industrial law. Parties who assume the Notice converts a contractor into a general Commonwealth employee for all legal purposes will be incorrect based on the instrument’s text.

• Exclusions can displace coverage. Clause 3.2(b) excludes persons to whom a State, Territory or foreign workers’ compensation law applies in respect of the same employment. Practitioners must verify whether a state or territory regime applies before assuming SRC Act coverage. That verification is consequential: it changes the applicable compensation system and the identity of the employer for claims.

• MRCA membership carve-out. Clause 3.2(a) excludes persons who are “members” under MRCA s 5. Whether an individual falls within that MRCA definition may be a contested factual or legal question. The Notice does not define “member”; it refers to MRCA s 5, so practitioners must check that text to determine applicability. Mistakenly treating an MRCA “member” as covered by the Notice could result in misdirected claims.

• The “request or direction” trigger is partly clarified but not uniformly. Section 3.1 requires that acts be “at the request or direction” of the Commonwealth or the authority named in Column 3. Item 1’s Schedule note relieves evidentiary pressure by stating a commissioned person is taken to have acted at the direction or request of the Australian War Memorial when performing acts in an ADF area of operations for the purpose of providing commissioned works. Item 2 contains no similar note; for Department of Defence contractors, evidence of request or direction may still be required.

• Geographic scope disparity between items. Item 1 requires acts to be performed “in an Australian Defence Force area of operations.” Item 2 has no such explicit locational limitation. That asymmetry may produce different coverage results for similar activities depending on where they occur. For example, a war artist commissioned by the War Memorial who produces work outside an ADF area of operations is not covered under Item 1; conversely, Defence-contracted entertainers may be covered even when not in an ADF operational area, subject to exclusions.

• Definition and boundaries of “support”, “management” and “technical support”. Item 2 uses broad, functional phrases: “support for entertainment,” “management or technical support for entertainment,” and “support for management or technical support.” These terms are not defined in the Notice, creating scope uncertainty about which roles are captured. Disputes about whether a particular contractor’s activities fall within those categories may arise.

• Relation to contractors' own entities. The Schedule describes “persons contracted by the Department of Defence.” Many contractors operate through corporate entities, subcontractors or employee arrangements. The Notice attaches SRC Act employee status to the person performing the act, but does not address whether the corporate contracting party remains separately liable or how contractual indemnities interact with the SRC Act attribution. That can complicate claims and commercial risk allocation.

• Administrative practicalities left undefined. The Notice imposes no procedural obligations (for example, notification, record-keeping, or claims-handling protocols) on the named Commonwealth bodies. Without internal administrative guidance, delays or procedural disputes over claims may occur. Agencies will need to create or adapt processes to handle their new SRC Act employer role.

• Potential for double coverage disputes. Where multiple regimes arguably apply (for example, a contractor in a State while performing activities for Defence that also intersect MRCA criteria), there is potential for disputed coverage and procedural conflict about which regulator or compensation scheme should adjudicate. Clause 3.2(b) addresses only State/Territory/foreign workers’ compensation overlap and clause 3.2(a) MRCA overlap; other conflicts may arise in practice and require administrative or judicial resolution.

• No penalty for failing to treat persons as covered. The Notice does not prescribe sanctions against a Commonwealth body that fails to accept the SRC Act attribution. Resolving non-cooperation will require recourse to the SRC Act’s administrative processes or judicial review, which can be time-consuming.

These “gotchas” flow from the instrument’s narrowness, its dependence on definitions and regimes outside its text, and the breadth of some of its undefined categories. Practitioners should confirm MRCA status, state/territory coverage, and the precise nature and location of the acts being performed before advising on coverage or commencing SRC Act processes.

The Notice requires administrative and evidential steps by affected persons and by the Australian War Memorial and the Department of Defence (as representative of the Commonwealth). Compliance in this context consists of recognising and operationalising the SRC Act deeming. The following are concrete steps, grounded in the instrument’s requirements, that affected parties should take.

• Identify covered individuals and activities against the Schedule. Agencies and contractors should map persons and tasks against Column 1 and Column 2 of the Schedule. For Item 1, confirm the person is commissioned by the Australian War Memorial and is performing the specified types of work (still photography, cinematography, paintings, drawings, written work concerning ADF operations) in an Australian Defence Force area of operations. For Item 2, confirm the person is contracted by the Department of Defence to provide entertainment or the specified categories of support or management.

• Check exclusions before assuming coverage. Before processing any SRC Act claim under this Notice, confirm whether s 3.2(a) or s 3.2(b) applies. Specifically, verify whether the person is a “member” as defined in MRCA s 5 (clause 3.2(a)), and whether a State, Territory or foreign workers’ compensation law applies to the person’s employment as described (clause 3.2(b)). If either exclusion applies, the SRC Act deeming in this Notice does not operate.

• Document the “request or direction” where required. The Notice requires acts to be performed “at the request or direction” of the Commonwealth or the Commonwealth authority in Column 3 (s 3.1). For Item 1 the Schedule Note treats a commissioned person as having acted at the request or direction of the Australian War Memorial when performing acts in an ADF area of operations for purposes of providing commissioned works; for Item 2, maintain documentary proof of the Department of Defence contract, tasking orders, briefings or other direction to establish the “request or direction” element. Clear contemporaneous records will reduce disputes about whether the trigger is met.

• Capture location evidence for Item 1. Because Item 1 requires acts to be performed in an “Australian Defence Force area of operations,” ensure that location and timing for the activity are recorded and verifiable. Evidence might include operational permits, area access passes, briefings specifying the operational area, travel orders, or photographic/geospatial metadata that tie the work to the ADF area of operations.

• Update contract templates and procurement documents. The Australian War Memorial and the Department of Defence should consider ensuring that procurement agreements and engagement letters for the relevant activities reflect the SRC Act deeming where appropriate, including clauses that require contractors to notify the agency of any relevant claims or overlapping insurance or workers’ compensation coverage. Do not rely on contractual reclassification of employment status to override the Notice; the statutory deeming will apply irrespective of contract language for SRC Act purposes, but contracts can clarify practical risk allocation.

• Coordinate with claims administrators. Employers as identified in Column 3 (the Australian War Memorial for Item 1 and the Commonwealth as represented by the Department of Defence for Item 2) should ensure their claims-handling units are prepared to accept and process SRC Act claims for these persons. That includes liaison with the SRC Act administering body, establishing points of contact, and ensuring relevant personnel are aware the Notice confers SRC Act employee status for listed acts.

• Clarify insurance and indemnity arrangements. Although the Notice does not address insurance, affected agencies and contractors should review existing insurance, indemnity and risk allocation measures to align commercial arrangements with the statutory attribution of employer responsibility under the SRC Act. That may include informing insurers of the statutory framework and ensuring coverage overlap is understood.

• Train operational staff and contractors on the delimitation of coverage. Because the Notice is activity- and location-specific and includes exclusions, operational staff and contractors should be briefed about who is covered, when coverage attaches, and the practical steps to take if an incident occurs during the listed activities. For Item 2 performers and support staff, clarify whether the services provided fall within the categories in Column 2 and whether any State or foreign workers’ compensation law applies.

• Maintain contemporaneous evidence of the acts constituting employment. Since the deeming ties employment to the performance of specified acts (s 3.1(b)), keep contemporaneous records documenting what acts were performed, by whom, when and under what direction. That evidence will be central to establishing SRC Act coverage in any subsequent claim.

• Seek prompt legal and administrative advice where overlap or dispute arises. Where there is doubt about MRCA membership, the applicability of state/territory workers’ compensation, or whether particular tasks fall within the Schedule’s language, obtain authoritative legal advice early. Disputes about coverage will require legal determination under the SRC Act or the overlapping regime.

These steps are practical measures for operationalising the Notice’s limited statutory deeming. They are grounded in the instrument’s text and in the specific triggers and exclusions it sets out. The Notice does not itself impose further procedural formalities; compliance therefore consists largely of correct identification, record-keeping, internal processes and coordination with SRC Act administering authorities.