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Liability Handbook
Ch 8 Coverage Of The Legislation
8.1 Employees
- 8.1.4 Coverage of war artists and entertainers - s5(6)
Under subsection 5(6) of the SRCA, the Minister for Employment can declare that persons who engage in activities or perform on behalf of the Commonwealth are covered under the SRCA.
In December 2015, the Minister for Employment issued the Safety, Rehabilitation and Compensation (Definition of Employee - War artists and Entertainers) Notice 2015 with effect from 17 December 2015. From this date, war artists and entertainers who support the ADF on operations are covered under the SRCA.
Item | Column 1 (Class of persons) | Column 2 (Class of acts or activities) | Column 3 (Body) |
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 | Acts performed in an Australian Defence Force area of operations for the purpose of providing works as commissioned by the Australian War Memorial
Note: A person who is 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 is taken to have acted at the direction 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 | The Australian War Memorial
Note: The Australian War Memorial is a Commonwealth authority |
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) | Acts performed in the provision or support of entertainment | The Commonwealth
Note: The Commonwealth refers to the Commonwealth as represented by the Department of Defence |
Claims after 1 July 2004 and prior to 17 December 2015 are covered under MRCA s8(1).
Before accepting liability for any claim affected by this Declaration, delegates should obtain clarification from the Liability and Service Eligibility policy section about the current validity of the person's coverage for SRCA purposes.