Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION ACT 1988 No. 75 of 1988 - SECT 5

5. (1) In this Act, unless the contrary intention appears, "employee" means a
person who is employed by the Commonwealth or by a Commonwealth authority,
whether the person is so employed under a law of the Commonwealth or of a
Territory or under a contract of service or apprenticeship.

(2) Without limiting the generality of subsection (1):

   (a)  a member of the Australian Federal Police;

   (b)  a member of the Defence Force; or

   (c)  a person (other than a person to whom subsection (3) applies) who is
        the holder of or is acting in:

        (i)    an office established by a law of the Commonwealth, other than
               an office that is declared by the Minister, by notice in
               writing, to be an office to which this Act does not apply; or

        (ii)   an office that is established by a law of a Territory (other
               than the Northern Territory) and is declared by the Minister,
               by notice in writing, to be an office to which this Act
               applies; shall, for the purposes of this Act, be taken to be
               employed by the Commonwealth, and the person's employment
               shall, for those purposes, be taken to be constituted by the
               person's performance of duties as such a member of the
               Australian Federal Police or member of the Defence Force or the
               duties of that office, as the case may be.

(3) A person who:

   (a)  constitutes, or is acting as the person constituting, a Commonwealth
        authority;

   (b)  is, or is acting as, a member of such an authority; or

   (c)  is a deputy of such a member; shall, for the purposes of this Act, be
        taken to be employed by that authority, and the person's employment
        shall, for those purposes, be taken to be constituted by the
        performance of:

   (d)  the duties of the authority;

   (e)  the person's duties as such a member or acting member; or

   (f)  the person's duties as such a deputy; as the case may be.

(4) A person:

   (a)  who is ordinarily engaged for employment at a prearranged place at
        which employers engage persons for employment; and

   (b)  whose last employer under an engagement at that place was the
        Commonwealth or a Commonwealth authority; shall, for the purposes of
        this Act, be taken to be employed by the Commonwealth, or that
        authority, as the case may be, until the person is next engaged under
        such an engagement, and the person's employment shall, for those
        purposes, be taken to be constituted by the person's attendance at
        that place for the purpose of seeking such an engagement.

(5) Subsection (4) does not operate to make the Commission liable to pay
compensation in respect of an injury sustained by an employee during an
attendance to which that subsection applies if the injury was sustained
because the employee voluntarily and unreasonably subjected himself or herself
to an abnormal risk of injury.

(6) The Minister may, by notice in writing, declare:

   (a)  that persons specified in the notice, being persons who engage in
        activities or perform acts:

        (i)    at the request or direction, for the benefit, or under a
               requirement made by or under a law, of the Commonwealth; or

        (ii)   at the request or direction, or for the benefit, of a
               Commonwealth authority;
shall, for the purposes of this Act, be taken to be employed by the
Commonwealth, or by that authority, as the case may be; and

   (b)  that the employment of the person shall, for those purposes, be taken
        to be constituted by the performance by the person of such acts as are
        specified in the notice; and such a declaration shall have effect
        accordingly.

(7) For the purposes of the application of this Act in relation to a person
employed by a Commonwealth authority, references in this Act to the
Commonwealth shall be read as references to that authority.

(8) This Act does not apply to:

   (a)  a member of the Parliament or a Minister of State;

   (b)  a person who is a Judge as defined by section 4 of the Judges'
        Pensions Act 1968 ;

   (c)  an officer or employee of the Public Service of an external Territory;
        or (d) a seaman to whom the Seamen's Compensation Act 1911 applies.

(9) A reference to an employee in a provision of this Act that applies to an
employee at a time after the Commission or an administering authority has
incurred a liability in relation to the employee under this Act includes,
unless the contrary intention appears, a reference to a person who has ceased
to be an employee.

(10) This Act does not apply in relation to service of a member of the Defence
Force in respect of which provision for the payment of pension is made by:

   (a)  the Veterans' Entitlement Act 1986 (other than Part IV); or

   (b)  the Papua New Guinea (Members of the Forces Benefits) Act 1957.