Approved form for application for renewal of a person as a rehabilitation program provider

Administered by Department of Employment and Workplace Relations

Legislation au F2019L01193 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by Comcare

Notice of a Disallowable Instrument

Safety, Rehabilitation and Compensation Act 1988 (the Act)

Approved form for application for renewal of a person as rehabilitation program provider

 

Authority

Under section 34S of the Act, Comcare is authorised to approve a form for application for renewal of a person as a rehabilitation program provider.

Purpose

The purpose of the ‘Approved form for application for renewal of a person as a rehabilitation program provider’ is to approve a new renewal application form to seek approval as a rehabilitation program provider under the Act, and it is to apply from 15 October 2019. 

The form collects information needed to assess whether the rehabilitation program provider is suitable to have their approval renewed. The reason for issuing a new renewal application form is to ensure that the content and submissions align with the new Criteria for Rehabilitation Program Providers 2020 (the Criteria) and Operational Standards for Rehabilitation Program Providers 2020 (the Operational Standards) and Comcare’s revised workplace rehabilitation provider approval framework. 

An employer under the Act has the responsibility and authority for providing rehabilitation and managing injured employees’ return to work. Employers can refer an employee to a Comcare approved rehabilitation program provider to assist with the development and implementation of rehabilitation programs. Only providers approved by Comcare under Part III, Division 2 of the Act may be engaged to deliver services in the Comcare scheme.

Section 34S of the SRC Act authorises Comcare to approve the form for Application for renewal of approval as a rehabilitation program provider. The form is a legislative instrument for the purposes of the Legislation Act 2003 (the LA). 

Applications to Comcare for renewal of approval must be made on the new approved renewal application form and will be assessed against the Criteria and Operational Standards. Applications made before 1 July 2020 will also be assessed against the operational standards contained in Division 2 of Part 1 of the Criteria and Operational Standards for Workplace Rehabilitation provider 2015 (Criteria and Operational standards 2015).

The changes to the renewal form are minor in nature and focus on obtaining evidence to establish that the applicant meets the Criteria, has demonstrated compliance with the 2015 Operational Standards and is likely to be able to comply with the new operational standards.

Consultation

Before the instrument was made, Comcare was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA.

On 1 August 2019, Comcare published the draft Criteria, Operational Standards, and draft Conditions of Approval and an accompanying guidance note, on its website. Key stakeholders were invited to provide comment including Comcare approved Workplace Rehabilitation Providers, the Australian Rehabilitation Providers Association, Rehabilitation Authorities (Australian Government Agencies and Licensees) and the Australian Council of Trade Unions.

Consultation closed on 19 August 2019 and Comcare received six responses that affirmed the approach taken with the revision of the instruments. The responses will also be used as an input to the supporting information published on the Criteria and Operational Standards.

This renewal application form collects information necessary to assess an applicant against the Criteria and Operational Standards.

Regulatory Impact Statement

 

The Office of Best Practice Regulation (OBPR) has advised that this instrument does not require a Regulation Impact Statement (RIS) (OBPR ID 25227).


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Approval form for application for renewal of a person as rehabilitation program provider 

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 (the HR Act) requires a statement of compatibility with human rights to be prepared in relation to this legislative instrument and paragraph 15J(2)(f) of the LA requires that it be included in the explanatory statement.

This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the HR Act.

  Overview of the Legislative Instrument

This instrument is made under section 34S of the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act).

The purpose of this Instrument is to approve the format in which applicants will provide the information required by Comcare to assess whether the applicant is suitable to have their approval as a rehabilitation program provider renewed. The reason for issuing a new application form is to ensure that the content and submission align with the new Criteria and Operational Standards for Rehabilitation Program Providers 2020.

This Legislative Instrument will affect:

  • employees requiring rehabilitation services
  • individuals, partnerships and companies (and their employees) approved as rehabilitation program providers; and
  • employers with rehabilitation obligations towards employees.

Human rights implications

This Instrument approves the format in which Comcare collects the information required to make a determination under section 34L of the SRC Act.

The criteria and operational standards relevant to a decision under section 34L of the SRC Act are set out in the Criteria and Operational Standards for Workplace Rehabilitation Providers 2020. Any applicable rights or freedoms engaged by those criteria and operational standards are considered in the human rights compatibility statement for those legislative instruments.

This Instrument specifically engages the right to privacy and reputation.

Article 17(1) of the International Covenant on Civil and Political Rights (ICCPR) prohibits unlawful or arbitrary interference with a person’s privacy, family, home and correspondence. The right to privacy is not an absolute right, and limitations are permissible.

The Instrument engages the right to privacy by requiring the collection of personal information. The collected information includes the qualifications and experience of individuals employed or otherwise engaged by rehabilitation program providers. If the rehabilitation program provider is an individual the Instrument requires the collection of information relating to the individual’s financial solvency.

The ability to collect information to assess compliance with the operational standards is reasonable, necessary and proportionate, as all personal information will be lawfully collected in accordance with the Privacy Act 1988 (Cth), and it is reasonably necessary for and directly related to Comcare’s functions and powers under Part III of the SRC Act. Comcare does not collect any unnecessary or sensitive personal information and all personal information collected is required for Comcare to perform its function in assessing applications for renewal as an approved rehabilitation program provider.

Conclusion

The Legislative Instrument is compatible with human rights because it promotes human rights, and to the extent that it may limit human rights those limitations are reasonable, necessary and proportionate.

 

 

Overview

The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) was enacted to provide for the rehabilitation and compensation of individuals who have suffered injury or illness due to their employment, particularly Commonwealth employees. The Act addresses the need for a structured framework for the rehabilitation and compensation of employees, ensuring they receive appropriate support and assistance in their return to work or alternative employment. Enacted by the Australian Parliament, the policy objective of the Act is to establish a comprehensive system that supports injured employees through rehabilitation services and compensates them for work-related injuries or illnesses. The Approved form for application for renewal of a person as a rehabilitation program provider is a legislative instrument introduced to streamline the renewal process for rehabilitation program providers under the SRC Act. This form, effective from 15 October 2019, aligns with the new Criteria for Rehabilitation Program Providers 2020 and the Operational Standards for Rehabilitation Program Providers 2020. It ensures that the information submitted by applicants is consistent with these updated standards, facilitating a more efficient and effective assessment of the suitability of rehabilitation program providers. This instrument, made under section 34S of the SRC Act, is designed to gather necessary information for Comcare to evaluate whether a rehabilitation program provider meets the required criteria for renewal, thereby supporting the overarching objectives of the Act in providing comprehensive rehabilitation services to injured employees.

Scope and Application

The 'Approved form for application for renewal of a person as rehabilitation program provider' is a legislative instrument issued by Comcare under section 34S of the Safety, Rehabilitation and Compensation Act 1988. It applies to individuals, partnerships, and companies approved as rehabilitation program providers who seek to renew their approval. This form is intended to collect necessary information for Comcare to assess the suitability of the applicant for continued approval in accordance with the Criteria for Rehabilitation Program Providers 2020 and the Operational Standards for Rehabilitation Program Providers 2020. Employers with rehabilitation obligations towards their employees are also affected as they may engage Comcare-approved rehabilitation program providers for workplace rehabilitation services. The form became effective from 15 October 2019 and aligns with Comcare’s revised workplace rehabilitation provider approval framework. Applications made before 1 July 2020 will be assessed against both the 2015 and 2020 operational standards. This legislative instrument engages the right to privacy by requiring the collection of personal information, including qualifications, experience, and financial solvency of individuals associated with rehabilitation program providers. Comcare ensures that all personal information is collected lawfully in accordance with the Privacy Act 1988 and is directly related to its functions and powers under the SRC Act. The collection of such information is deemed reasonable, necessary, and proportionate for the purpose of assessing applications for renewal as an approved rehabilitation program provider. Consequently, the instrument is compatible with human rights as it promotes these rights and any limitations are reasonable, necessary, and proportionate.

Key Provisions

The primary focus of this legislative instrument, as detailed in section 34S of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act), is the approval of a form for the application for the renewal of a person as a rehabilitation program provider. This form, effective from 15 October 2019, is designed to gather information necessary for Comcare to determine the suitability of an applicant for renewal of their approval as a rehabilitation program provider. It aligns with the new Criteria for Rehabilitation Program Providers 2020 and Operational Standards for Rehabilitation Program Providers 2020, as well as Comcare’s revised workplace rehabilitation provider approval framework. Employers, under the Act, have the responsibility for providing rehabilitation and managing the return to work of injured employees, and they can refer employees to Comcare-approved rehabilitation program providers for assistance in developing and implementing rehabilitation programs. The Act imposes several obligations and requirements on the parties and entities it governs. Employers are obligated to refer their injured employees to approved rehabilitation program providers to aid in their return to work, ensuring they engage only those providers approved by Comcare under Part III, Division 2 of the Act. Rehabilitation program providers must submit renewal applications on the approved form, providing detailed information that demonstrates compliance with the Criteria and Operational Standards. This includes evidence of meeting the Criteria, demonstrated compliance with the 2015 Operational Standards, and an indication of likely future compliance with the new standards. Comcare, in turn, is required to assess these applications against the relevant standards to determine the suitability of the provider for renewal. There are specific consequences and penalties outlined in the legislation for breaches of the requirements set forth. While the explanatory statement does not detail specific penalties, it is implied that non-compliance with the Act’s provisions could result in the denial of renewal of approval as a rehabilitation program provider. This would effectively prevent the provider from continuing to deliver services within the Comcare scheme, which could have significant ramifications for employers and employees relying on their services. Additionally, failure to comply with the Privacy Act 1988 (Cth), which governs the collection and handling of personal information, could lead to civil and criminal penalties as outlined in that Act. In summary, the legislative instrument establishes a structured process for the renewal of approval for rehabilitation program providers, ensuring that all applications are assessed against updated criteria and standards. It mandates specific obligations for employers and providers, with significant consequences for non-compliance, including the potential loss of approval to operate within the Comcare scheme.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Privacy Law
Catchwords
Rehabilitation Program Providers

Interactions

Authorises

All Versions

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.