Safety, Rehabilitation and Compensation Act (Criteria for Approval and Renewal of Rehabilitation Program Providers) Determination 2020 (Cth)

Safety, Rehabilitation and Compensation Act (Criteria for Approval and Renewal of Rehabilitation Program Providers) Determination 2020

made under section 34D of the

Safety, Rehabilitation and Compensation Act 1988

Compilation No. 1  

Compilation date:   1 January 2023

Includes amendments up to:            F2022L01154

About this compilation

This compilation

This is a compilation of the Safety, Rehabilitation and Compensation Act (Criteria for Approval and Renewal of Rehabilitation Program Providers) Determination 2020 that shows the text of the law as amended and in force on 1 January 2023 (the compilation date).

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 the Legislation Register ( 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 the Legislation Register 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 the Legislation Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1 — Preliminary........................................................................................................... 1

1  Name…………………………………………………………………………………….. 1

3  Authority………………………………………………………………………………… 1

4  Definitions………………………………………………………………………………..                1

Part 2 — Criteria for approval or renewal of approval as a rehabilitation program provider         3

6  Criteria relating to qualifications………………………………………………………..    3

7  Criteria relating to probity and financial arrangements.………………………………….4

8  Additional criteria for renewal applications under section 34J…………………………..4

9  Criteria for approval in the case of a previous revocation….…………………………….5

Endnotes   6

Endnote 1 – About the endnotes     6

Endnote 2 – Abbreviation key     7

Endnote 3 – Legislation history     8

Endnote 4 – Amendment history     9

Part 1 — Preliminary

1  Name

This instrument is the Safety, Rehabilitation and Compensation Act (Criteria for Approval and Renewal of Rehabilitation Program Providers) Determination 2020.

3  Authority

This Instrument is made under section 34D of the Act.

4  Definitions

Note:       A number of expressions used in this instrument are defined in section 4 and section 5 of the Act, including the following:

(a)              Comcare

(b)              rehabilitation authority

(b)              rehabilitation program

(c)              employee

(d)              injury

(e)              approved program provider

In this instrument:

Act means the Safety, Rehabilitation and Compensation Act 1988.

applicant means:

(a) a person applying under section 34B of the Act for approval as a rehabilitation program provider; or

(b) a person applying under section 34J of the Act for renewal of approval as a rehabilitation program provider.

conditions of approval means the conditions as specified by Comcare under section 34P of the Act in relation to the approval of a person as a rehabilitation program provider.

registered health practitioner means an individual registered to practise a health profession under the Health Practitioner Regulation National Law as in force in the relevant State or Territory, but does not include an individual who holds a non-practising registration under that Law.  

rehabilitation program provider means a person that would deliver services as part of a rehabilitation program to an employee that has suffered an injury, should that person be approved as an approved program provider.

rehabilitation services means services provided as part of a rehabilitation program.

solvent has the same meaning as in subsection 95A(1) of the Corporations Act 2001.

Part 2 — Criteria for approval or renewal of approval as a rehabilitation program provider

6  Criteria relating to qualifications

Application of this section

(1)  This section applies to a person who:

(a) makes an application under section 34B of the Act for approval as a rehabilitation program provider; or

(b) makes an application under section 34J of the Act for renewal of approval as a rehabilitation program provider.

Qualifications required of the applicant

(2)  The applicant must be an individual, or employ or otherwise engage at least one individual, with at least five years’ relevant professional experience in delivering rehabilitation services.

(3)  The applicant must provide rehabilitation services only by means of individuals who are relevantly qualified to provide those services.

(4)  For this section, an individual is relevantly qualified in relation to a rehabilitation service if they are:

(a)  a registered health practitioner who is registered to practise one of the following health professions:

(i)  Occupational therapist;

(ii)  Physiotherapist;

(iii)  Psychologist;

(iv)  Medical practitioner;

(v)  Nurse;

(vi) Osteopath; or

(b)  a rehabilitation counsellor who holds full membership of the Australian Society of Rehabilitation Counsellors; or

(c)  a rehabilitation counsellor who holds associate membership of the Australian Society of Rehabilitation Counsellors and is in the process of progressing to full membership in accordance with the rules of the Society at the time they provide the rehabilitation service; or

(d)  a rehabilitation counsellor who holds full membership of the Rehabilitation Counselling Association of Australasia; or

(e)  an exercise physiologist who is accredited with Exercise and Sports Science Australia; or

(f)  a social worker who has full membership of the Australian Association of Social Workers.          

7  Criteria relating to probity and financial arrangements

Application of this section

(1)  This section applies to a person who:

(a) makes an application under section 34B of the Act for approval as a rehabilitation program provider; or

(b) makes an application under section 34J of the Act for renewal of approval as a rehabilitation program provider.

Criteria for approval

(2)  The applicant must satisfy Comcare that its probity and financial arrangements are appropriate for the applicant to be approved as a rehabilitation program provider.

(3)  In assessing whether the applicant’s probity and financial arrangements are appropriate for the purpose of subsection 7(2), Comcare may have regard to any matter that it considers appropriate, including the extent to which the applicant can demonstrate:  

(a) appropriate financial administration and management;

(b)  appropriate case data collection and record management;

(c)  compliance with all applicable legal requirements;

(d)  acquisition and maintenance of all insurance necessary to carry out work as a rehabilitation program provider;

(e)  the existence and implementation of policies relevant to allowing the applicant to safely and effectively carry out work as a rehabilitation program provider.

(4)  Where the applicant is not an individual, the applicant must be solvent at the time of application.

(5)  Where the applicant is an individual, the applicant must not, at the time of application, be:

(a)  bankrupt; or

(b)  applying to take the benefit of a law for the relief of bankrupt or insolvent debtors; or

(c)  compounding with their creditors or assigning remuneration or property for their benefit.

8  Additional criteria for renewal applications under section 34J

Application of this section

(1) This section applies to an applicant who makes an application under section 34J of the Act for renewal of approval as a rehabilitation program provider (a renewal applicant).

Criteria for approval of a renewal applicant

(2)  The renewal applicant must satisfy Comcare that the renewal applicant has appropriately managed at least five of any of the following in the period of 12 months prior to making the application:

(a)  an arrangement with a rehabilitation authority to provide a rehabilitation program for an employee as an approved program provider under the Act; or

(b)  an arrangement or referral (however described) to provide rehabilitation services (however described) to an injured person under any of the following laws:

(i)  the Military Rehabilitation and Compensation Act 2004; or

(ii)  the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988; or

(iii)  the Seafarers Rehabilitation and Compensation Act 1992.

(3)  Subsection 8(2) does not apply to a renewal applicant who:

(a) has previously been an approved program provider for a period of less than 12 months prior to making an application under section 34J of the Act; or

(b)  in the opinion of Comcare, has demonstrated reasonable grounds for being unable to comply with subsection 8(2) during the renewal applicant’s prior period as an approved program provider.

9  Criteria for approval in the case of a previous revocation

Application of this section

(1)  This section applies to an applicant:

(a) who makes an application under section 34J of the Act for renewal of approval as a rehabilitation program provider; and

(b) who has previously had its approval as a rehabilitation program provider revoked by Comcare under section 34Q of the Act for a failure to comply with the conditions of approval to which the applicant was subject (the previous conditions).

Criteria for approval

(2) The applicant must satisfy Comcare that the applicant would be able to comply with the previous conditions if the previous conditions were again imposed on the applicant under section 34P of the Act, should the applicant be approved as a rehabilitation program provider.

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.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	orig = original
am = amended	par = paragraph(s)/subparagraph(s)
amdt = amendment	/sub‑subparagraph(s)
c = clause(s)	pres = present
C[x] = Compilation No. x	prev = previous
Ch = Chapter(s)	(prev…) = previously
def = definition(s)	Pt = Part(s)
Dict = Dictionary	r = regulation(s)/rule(s)
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 Legislation	s = section(s)/subsection(s)
gaz = gazette	Sch = Schedule(s)
LA = Legislation Act 2003	Sdiv = Subdivision(s)
LIA = Legislative Instruments Act 2003	SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment	SR = Statutory Rules
cannot be given effect	Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification	SubPt = Subpart(s)
No. = Number(s)	underlining = whole or part not
o = order(s)	commenced or to be commenced
Ord = Ordinance

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Safety, Rehabilitation and Compensation Act (Criteria for Approval and Renewal of Rehabilitation Program Providers) Determination 2020	10 September 2019 (F2019L01175)	1 January 2020
Safety, Rehabilitation and Compensation Act Amendment (Criteria for Approval and Renewal of Rehabilitation Program Providers) Determination 2022	1 September 2022 (F2022L01154)	1 January 2023

Endnote 4—Amendment history

Provision affected	How affected
s 2	rep LA s 48D
s 5	rep LA s 48C
par 6(4)(a)(v)	am F2022L01154
par 6(4)(a)(vi)	ad F2022L01154
s 8(2)	am F2022L01154
par 8(2)(b)	am F2022L01154