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8.1.1 Who is an employee for RCG purposes?
Only 'employees' as defined by the Act are entitled to compensation under that Act.
Section 5 of the SRCA defines 'employee' at length. However, for RCG purposes the only relevant passages are:
- Section 5(2)(b): members of the Australian Defence Force (both permanent force and reservists).
- Section 5(6): members of the Cadet Corps (includes Army Cadets, Naval Reserve Cadets and the Air Training Corps, plus their volunteer instructors).
- Section 5(6A): provision for the Minister for Industrial Relations to proclaim extended coverage to persons who hold honorary ADF rank, or are members of philanthropic organisations providing services to the ADF, or those undergoing resettlement training.
Full time and reserves members of the ADF have been employees for the purposes of Commonwealth compensation legislation since 1949 (see below).