Commonwealth Employees' Rehabilitation and Compensation Act 1988 - Notice of Declarations and Specifications (Notice No. 1 of 1990)

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Commonwealth Employees’ Rehabilitation and Compensation Act 1988 – Notice of Declarations and Specifications (Notice No. 1 of 1990)

made under paragraph 4(1)(c) and subsection 5(6) of the  Commonwealth Employees’ Rehabilitation and Compensation Act 1988

Compilation No. 1 

Compilation date:   20 October 2015

Includes amendments up to: Safety, Rehabilitation and Compensation (Definition of Employee) Amendment Notice 2015

 

 

 

 

 

 

 

 

 

 

 

Prepared by the Department of Employment, Canberra

About this compilation

 

This compilation

This is a compilation of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 – Notice of Declarations and Specifications (Notice No. 1 of 1990) that shows the text of the law as amended and in force on 20/10/2015 (the compilation date).

This compilation was prepared on 19/01/ 2016.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

 

Contents

Commonwealth Employees’ Rehabilitation and Compensation Act 1988 – Notice of Declarations and Specifications               1

Endnotes  2

Endnote 1 – About the endnotes  2

Endnote 2 – Abbreviation key  3

Endnote 3 – Legislation history  4

Endnote 4 – Amendment history  5

 

COMMONWEALTH OF AUSTRALIA

 

Commonwealth Employees’ Rehabilitation and Compensation Act 1988

 

NOTICE OF DECLARATIONS AND SPECIFICATIONS

 

Notice No 1 of 1990

 

I, Peter Cook, Minister of State for Industrial Relations, hereby declare and specify, on and from the date of publication of this Notice in the Commonwealth of Australia Gazette, the following matters for the purposes of various provisions of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (in this Notice referred to as “the Act”):

 

1. For the purposes of paragraph (c) of the definition of “Commonwealth authority” in subsection 4(1) of the Act, the following body corporate, being a body corporate incorporated under a law of the ACT in which the Commonwealth has a controlling interest, is declared to be a body corporate to which the Act applies:

 

 AIDC Ltd.

 

2. For the purposes of subsection 5(6) of the Act:

 

(a) a person who is included in the class of persons referred to in the first column of the following table, being a class of persons who engage in activities or perform acts 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 declared to be employed by the Commonwealth or by that authority, as the case may be; and

 

(b) the employment of the person is declared to be constituted by the performance by the person of an act included in the class of acts referred to in the second column of that table opposite to the reference to that class of persons:

 

First Column

Class of Persons

Second Column

Class of Acts

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 National Gallery of Australia

 

Persons who, under the control or direction of a Commonwealth officer, render services to the CSIRO as Honorary Fellows, Post-retirement Fellows, Postdoctoral Fellows Volunteer Fellows, Guest Workers, postgraduate students, PhD students or vacation scholars

Acts performed in connection with the rendering of the assistance

 

 

 

Acts performed in connection with the rendering of the services

 

 

(signed)

Peter Cook

Minister of State for Industrial Relations  

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.


 

Endnote 2—Abbreviation key

A = Act

orig = original

ad = added or inserted

par = paragraph(s)/subparagraph(s)

am = amended

    /subsubparagraph(s)

amdt = amendment

pres = present

c = clause(s)

prev = previous

C[x] = Compilation No. x

(prev…) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

    effect

rs = repealed and substituted

F = Federal Register of Legislative Instruments

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LI = Legislative Instrument

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment

SR = Statutory Rules

mod = modified/modification

SubCh = SubChapter(s)

No. = Number(s)

SubPt = Subpart(s)

o = order(s)

underlining = whole or part not

Ord = Ordinance

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Commonwealth Employee’s Rehabilitation and Compensation Act 1988 – Notice of Declarations and Specifications (Notice No. 1 of 1990)

F2009B00123

29 August 1990

 

Safety, Rehabilitation and Compensation (Definition of Employee) Amendment Notice 2015

F2015L01665

20 October 2015

 

Endnote 4—Amendment history

 

Provision affected

How affected

 

 

Table – First Column ‘Class of persons’

am No 1, 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Commonwealth Employees’ Rehabilitation and Compensation Act 1988 was enacted to provide for the rehabilitation and compensation of employees of the Commonwealth government who have suffered injury or illness due to their employment. This legislation was introduced to address the need for a comprehensive framework to ensure that federal employees receive appropriate support and rehabilitation services in the event of work-related injuries or illnesses. The Act was enacted by the Parliament of Australia and aims to establish a system that provides fair and efficient compensation and rehabilitation for affected employees. The Notice of Declarations and Specifications (Notice No. 1 of 1990) made under the Act further clarifies and specifies certain aspects of the legislation, such as the inclusion of specific entities and classes of employees within the scope of the Act, thereby ensuring the proper application and administration of the rehabilitation and compensation provisions.

Scope and Application

The Commonwealth Employees’ Rehabilitation and Compensation Act 1988 – Notice of Declarations and Specifications (Notice No. 1 of 1990) applies to Commonwealth authorities and specific classes of persons who engage in activities or perform acts at the request or direction of the Commonwealth or a Commonwealth authority. This legislative instrument declares certain entities and persons as subject to the Act's provisions, thereby entitling them to rehabilitation and compensation benefits. For example, the Act applies to AIDC Ltd, a body corporate with a controlling interest held by the Commonwealth. Furthermore, it declares specific classes of persons, such as those assisting in the running of the National Gallery of Australia or rendering services to the CSIRO as Honorary Fellows, as employed by the Commonwealth or the relevant authority. This Notice extends the reach of the Act to ensure that those involved in Commonwealth-related activities receive the necessary support and benefits under its provisions. The Notice specifies the application of the Act to particular industries and conduct, particularly those involving Commonwealth-related activities. It clarifies that certain activities and acts performed under the control or direction of a Commonwealth officer are considered employment for the purposes of the Act. The geographic scope of this legislation is the Commonwealth, and it is applicable nationally. Any uncommenced amendments and modifications are accessible on ComLaw. Additionally, the Notice allows for the Act's application to be extended or restricted through subordinate instruments, ensuring that the Act remains relevant and effective in accommodating new classes of persons and entities as required.

Key Provisions

The Commonwealth Employees’ Rehabilitation and Compensation Act 1988 – Notice of Declarations and Specifications (Notice No. 1 of 1990) contains significant declarations and specifications that determine the scope and application of the Act. Section 1 declares AIDC Ltd as a body corporate to which the Act applies, ensuring that this corporation is subject to the Act’s provisions regarding rehabilitation and compensation for Commonwealth employees. Section 2 further specifies the classes of persons and acts that constitute employment under the Act, particularly for individuals who assist or provide services to Commonwealth entities such as the National Gallery of Australia or the CSIRO, without receiving remuneration beyond expenses. These sections outline who is considered an employee for the purposes of the Act and what activities qualify as employment. The Act imposes obligations on Commonwealth authorities and employees to ensure compliance with its provisions. For instance, it requires authorities to identify and declare certain classes of personnel as employees for rehabilitation and compensation purposes. It also mandates that employees adhere to the specified conditions of employment to qualify for the benefits outlined in the Act. Additionally, the Act requires the Minister for Industrial Relations to publish notices such as this one to clarify the application of the Act to various entities and activities. Breaches of the Act can lead to serious consequences. While specific offences and penalties are not detailed in this Notice, the Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines, while criminal penalties may involve imprisonment, depending on the severity of the breach. The Act’s provisions are designed to ensure that employees receive appropriate rehabilitation and compensation, and any failure to comply can result in legal action against the offending party.

Legal classification tags

Area of Law
Employee Benefits & Compensation
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Licensing & Registration
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.