Guidelines for Rehabilitation Authorities 2012

Administered by Attorney-General's Department

Legislation au F2012L01121 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Safety, Rehabilitation and Compensation Act 1988

 

Issued by Comcare

 

Notice of a Disallowable Instrument

 

 

Revocation of the Guidelines for Rehabilitation Authorities 2005 and approval of the Guidelines for Rehabilitation Authorities 2102
 

The purpose of the instrument to which this Explanatory Statement relates is to approve the revocation of the current Guidelines for Rehabilitation Authorities issued on 1 September 2005 and approve the new Guidelines for Rehabilitation Authorities 2012 to apply from 1 July 2012.

Section 41 of the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act) provides that Comcare may prepare and issue to rehabilitation authorities guidelines in relation to the performance or exercise by those authorities of their functions or powers under Part III (rehabilitation) of the SRC Act.  The section also provides that a rehabilitation authority shall comply with any guidelines issued under this section. 

A rehabilitation authority is the principal officer of a licensed authority, licensed corporation, Entity or Commonwealth authority who is the current or most recent scheme employer; or, the Chief of the Defence Force for members of the Defence Force.

The new guidelines have been prepared in accordance with the format required by the Legislative instruments Act 2003 and are more specific in their requirements than the 2005 version and provide an additional level of clarity and authority by way of guidance for rehabilitation authorities in the performance of their rehabilitation functions and powers. 

The guidelines specify that the aim of rehabilitation is to restore as speedily as possible, and as far as is reasonably practicable, an injured employee to the same physical and psychological state, and social and vocational status as the injured employee had before suffering the injury.

The guidelines also address the requirements on employers to appropriately resource and oversight through management systems the delivery of effective rehabilitation to their employees.  The document provides specific guidance to rehabilitation case managers (as delegated by the rehabilitation authority) addressing early rehabilitation intervention, assessments of employee capabilities to undertake rehabilitation, the provision of rehabilitation programs and enforcement powers.

The guidelines have been subject to extensive internal and external consultation.  A draft was placed on Comcare’s internet site in April 2011 and circulated directly to a substantial number of key stakeholders such as Commonwealth authorities, licensed authorities and corporations, unions and approved rehabilitation providers.  Comcare received extensive written submissions as a result, with substantial support for the guidelines from many quarters and suggestions for improvement and clarification from others.  The Safety, Rehabilitation and Compensation Commission and the Minister for the Department of Employment and Workplace Relations have been briefed.

The guidelines were also highlighted in a number of Comcare circulars and publications to the whole jurisdiction.  They were the subject of three interstate workshops with representatives of rehabilitation authorities in July and August 2011 and presented to three national rehabilitation case manager forums in November 2011.  Comcare also met with the Department of Veterans’ Affairs to discuss elements of the guidelines unique to defence members on a number of occasions and with the ACT Government to address its concerns in December 2011.  Each round of consultation resulted in improved amendments to the document.

The guidelines will be supported by supplementary publications available from Comcare and by Comcare delivering training and support services to rehabilitation authorities.  These include Comcare’s Regulation Policy document to ensure employers, rehabilitation authorities and delegates comply with the guidelines by self assessment, cooperation with external Comcare audits and the provision of reports on rehabilitation performance.

Regulatory Impact Statement

Comcare wrote to the Office of Better Practice Regulation (OBPR) advising that, as the majority of requirements flowing from the new guidelines have already been accommodated by the non Government licensed corporations, there would not be any significant increase in cost by these corporations in complying with the new guidelines.  As a consequence OBPR advised Comcare that a Regulatory Impact Statement was not required.

Statement of Compatibility with Human Rights

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

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The guidelines provide transparent direction to employers, rehabilitation authorities, their delegates and injured employees in the management practices required to assist those employees in returning to or being maintained at work and/or in maintaining or improving their activities of daily living.  The guidelines specifically require that the employee is informed of and participates in each stage of the rehabilitation process.

The SRC Act, reinforced by these guidelines, provides the employee with both responsibilities and rights in respect to the legislated rehabilitation process.  These rights include the right to be informed of the delegates’ deliberations, the outcome of assessments and examinations undertaken to assess the employee’s work capacity and the composition and objectives of rehabilitation programs.  The employee is also afforded the right to seek a review of determinations made under the SRC Act in relation to the rehabilitation process. 

The guidelines stress the application of the Disability Discrimination Act 1992 in ensuring discrimination does not occur against an employee on the grounds of their disability.  Consequently, these guidelines are compatible with human rights because it advances their protection.

 

 

 

Paul O’Connor

Chief Executive Officer

Comcare

 

22 May 2012

Overview

The Safety, Rehabilitation and Compensation Act 1988, enacted by the Australian Parliament, was introduced to address the need for a comprehensive framework to manage safety, rehabilitation, and compensation for employees injured in the course of their employment. The Act aims to provide a system that supports injured workers in their recovery and return to work. Section 41 of the Act empowers Comcare to issue guidelines to rehabilitation authorities to aid in the effective performance of their rehabilitation functions. The 2012 revocation of the Guidelines for Rehabilitation Authorities 2005 and the approval of the new Guidelines for Rehabilitation Authorities 2012 were intended to provide clearer and more specific guidance to rehabilitation authorities. These updated guidelines seek to restore injured employees to their previous physical, psychological, social, and vocational status as swiftly as practicable. They also outline the responsibilities of employers in resourcing and overseeing rehabilitation, and provide detailed direction for rehabilitation case managers regarding early intervention, capability assessments, rehabilitation programs, and enforcement powers. The new guidelines have undergone extensive consultation with various stakeholders and have been supported by supplementary publications and training services to ensure compliance and effectiveness.

Scope and Application

The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) is a Commonwealth statute that applies to the rehabilitation of Commonwealth employees who are injured in the course of their employment. The Act applies to a broad range of entities including licensed authorities, licensed corporations, Entities, Commonwealth authorities, and the Chief of the Defence Force for Defence Force members. The Act seeks to ensure that injured employees are rehabilitated effectively and as speedily as possible, with the aim of restoring them to their previous physical, psychological, social, and vocational status. Comcare, under the SRC Act, issues guidelines to assist rehabilitation authorities in performing their functions and powers under Part III of the Act, which govern rehabilitation. The new Guidelines for Rehabilitation Authorities 2012, replacing the 2005 version, provide more detailed and specific guidance to enhance clarity and authority for rehabilitation authorities. These guidelines were developed through extensive consultation with various stakeholders and have been subject to multiple rounds of review and amendment to incorporate feedback. They address critical aspects such as early intervention, employee assessments, rehabilitation programs, and enforcement powers. The guidelines ensure compliance by rehabilitation authorities through self-assessment, cooperation with audits, and reporting on rehabilitation performance. The Act's jurisdiction extends nationally, covering all Commonwealth employees, and the guidelines are supported by supplementary publications and training services provided by Comcare.

Key Provisions

The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) (section 41) enables Comcare to issue guidelines for rehabilitation authorities regarding their functions and powers under Part III (rehabilitation) of the Act. These guidelines are intended to provide clear and specific guidance to rehabilitation authorities in their rehabilitation duties. The Act mandates that rehabilitation authorities comply with any guidelines issued under section 41. The recent guidelines, approved to replace the 2005 version effective from 1 July 2012, aim to restore injured employees to their pre-injury physical, psychological, social, and vocational status as quickly as possible and to the extent reasonably practicable. They also outline the responsibilities of employers in resourcing and overseeing effective rehabilitation delivery through management systems. Under the new guidelines, rehabilitation authorities are expected to implement early intervention measures, assess employees’ rehabilitation capabilities, provide tailored rehabilitation programs, and exercise enforcement powers as necessary. Rehabilitation case managers, who are delegated by rehabilitation authorities, are specifically guided on these matters. The guidelines are the product of extensive consultations with various stakeholders, including Commonwealth authorities, licensed authorities and corporations, unions, and rehabilitation providers. They have been circulated widely and have received substantial support with some suggestions for improvement. The guidelines are also compatible with human rights, ensuring that injured employees are informed and participate in their rehabilitation process and that their rights are protected under the Disability Discrimination Act 1992. The Act imposes several obligations on rehabilitation authorities and employers. Rehabilitation authorities must comply with the issued guidelines, ensuring they adhere to the specified practices and procedures for rehabilitation. Employers are required to appropriately resource and oversee the delivery of effective rehabilitation to their employees, ensuring that rehabilitation authorities have the necessary support and tools to perform their duties effectively. These obligations are reinforced by supplementary publications and training services provided by Comcare to ensure compliance and performance reporting. Any failure to comply with the guidelines may result in various consequences. While the explanatory statement does not explicitly detail offences or penalties, non-compliance with the Act’s provisions or the guidelines could potentially lead to legal actions, audits, and other enforcement measures by Comcare. The implications of non-compliance could include financial penalties, legal disputes, and reputational damage, depending on the severity and impact of the breach.

Legal classification tags

Area of Law
Rehabilitation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compliance Obligations

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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.