Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2007 (2) (Cth)

Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2007 (2)

Notice No. 2. of 2007.

I, JOE HOCKEY, Minister for Employment and Workplace Relations, make this Notice under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988.

Dated this 21 June 2007.

JOE HOCKEY

Minister for Employment and Workplace Relations

1. Name of Notice

This Notice is the Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2007(2).

1. Commencement

This Notice takes effect from 1 July 2007.

1. Declaration

For subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988, I declare that:

(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

(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.

Schedule – Definition of Employee

Column 1 Item	Column 2 Class of Persons	Column 3 Class of Acts
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
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
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
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
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

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
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
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
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

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
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
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 body or group of persons

12	Persons- (a) engaged under subsection 26(3) of the High Court of Australia Act 1979; or (b) whose services have been made available under subsection 26(6) of that Act, for the purposes of the High Court	Acts performed for the purposes of the High Court
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

A reference in the Second Column to a designated Commonwealth officer shall be read as a reference to—

• 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;

• an officer of Customs within the meaning of the Customs Act 1901;

• the Marshal or a Deputy Marshal of the Family Court of Australia;

• the Sheriff or a Deputy Sheriff of the Federal Court of Australia; or

• 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.