Safety, Rehabilitation and Compensation Act 1988
Part VIII
BORDER EXPRESS PTY LTD
NOTICE OF EXTENSION AND VARIATION OF LICENCE
Notice No 7 of 2014
Border Express Pty Ltd ABN, 82 000 533 880 (the Licensee), was declared to be eligible to be granted a licence under Part VIII of the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act) by legislative instrument dated 18 July 2007, registered as F2007L02424 on the Federal Register of Legislative Instruments on 7 August 2007.
The Safety, Rehabilitation and Compensation Commission (the Commission), acting under sections 103 and 104 of the SRC Act, granted a licence to Border Express Pty Ltd on 12 December 2007 with a commencement date of 1 January 2008 at 12.01am (Australian Eastern Daylight Time) and a cessation date of midnight (Australian Eastern Standard Time) on 30 June 2010.
This grant was notified by Notice No. 23 of 2007 in Commonwealth Gazette No. GN50 on 19 December 2007.
The Licence was subsequently extended and/or varied by the Commission on:
- 18 June 2008 by Notice No. 13 of 2008, Commonwealth Gazette No. GN25 on 25 June 2008;
- 16 June 2010 by Notice No. 11 of 2010, Commonwealth Gazette No. GN24 on 23 June 2010; and
- 30 May 2012 by Notice No. 4 of 2012, Commonwealth Gazette No. S64 on 31 May 2012.
Prior to this extension, the Licence had a cessation time and date of midnight (Australian Eastern Standard Time) on 30 June 2014.
The Commission, acting under subsection 105(1) of the SRC Act, varies the conditions of the abovementioned Licence as set out below.
The Commission extends the term of the Licence for the period commencing 1 July 2014 at 12:01am (Australian Eastern Standard Time) and a cessation time of midnight (Australian Eastern Standard Time) on 30 June 2018.
Condition 6 of the Licence is omitted and replaced by the following:
6. For the purpose of any reconsiderations under Part VI of the SRC Act, except for reconsiderations of own motion of matters in respect of which the outcomes would be no less favourable to the employee than the original decisions, in respect of determinations made by the Licensee, the Licensee must arrange for the person
specified below (“the Reviewer”) to carry out any reconsiderations of determinations on behalf of the Licensee:
The Reviewer: Insurance Australia Ltd ABN 11 000 016 722
The Licensee is to enter into and maintain a written contract with the Reviewer for the performance of the Reviewer’s reconsideration function and if requested to do so, give a copy of the contract to the Commission.
The Commission, acting under subsection 108D(2) of the SRC Act, varies the conditions of the abovementioned Licence as set out below.
Substitute “Occupational Health and Safety Act 1991 (OHS Act)” with “Work Health and Safety Act 2011 (WHS Act)” in clause 9 and substitute all subsequent references to the “OHS Act” and “OHS” with the “WHS Act” and “WHS” respectively.
Prudential Condition 4.2(c) is replaced by the following.
(c) obtained from a corporation that is authorised by the Australian Prudential Regulatory Authority (APRA) to carry on:
(i) banking business in Australia under the Banking Act 1959 (Cth) and has an issuer credit rating of or equivalent to a Standard and Poor’s AA- or better; or
(ii) insurance business in Australia under the Insurance Act 1973 (Cth) and has an issuer credit rating of or equivalent to a Standard and Poor's AA- or better and a financial strength rating of or equivalent to a Standard and Poor’s AA- or better.
The variations take effect at 12:01am (Australian Eastern Standard Time) on 1 July 2014.
Dated the 25th day of June 2014.
Barry Sherriff
Chairperson
Safety, Rehabilitation and Compensation Commission
Overview
The Safety, Rehabilitation and Compensation Act 1988 was enacted to provide a framework for the rehabilitation and compensation of workers who suffer injury or disease arising out of or in the course of their employment. It was introduced to address the need for a comprehensive and efficient system to support injured workers in their recovery and rehabilitation processes. The Act was enacted by the Parliament of Australia and its policy objective is to ensure that workers receive fair and timely compensation and support for work-related injuries or diseases. This legislation establishes the Safety, Rehabilitation and Compensation Commission, which is responsible for issuing licences to entities such as Border Express Pty Ltd, allowing them to provide workers' compensation services. The Commission has the authority to vary the conditions of these licences to ensure compliance with the Act's objectives and to adapt to changes in the legislative environment, such as the transition from the Occupational Health and Safety Act 1991 to the Work Health and Safety Act 2011.
Scope and Application
The Safety, Rehabilitation and Compensation Act 1988 applies to employers and employees within its scope, particularly those involved in industries that fall under the Act's provisions for safety, rehabilitation, and compensation. The Act operates at a Commonwealth level, affecting entities and individuals across Australia, including those in specific sectors such as transport, mining, and construction. Border Express Pty Ltd, a licensee under Part VIII of the Act, is one such entity subject to the Act's regulations. The Act provides a framework for managing workplace injuries and ensuring that employers meet their obligations to rehabilitate and compensate employees. The geographic reach of the Act is national, impacting various industries and workplaces throughout Australia. The Act includes exclusions and exemptions for certain types of employment and businesses, which are defined within the legislation and its subordinate instruments. The application and interpretation of the Act may be extended or restricted through regulations and other legislative instruments, which are authorised by the Act itself. The recent variation and extension of the licence for Border Express Pty Ltd demonstrate the Act's dynamic nature, with the Commission having the authority to modify licence conditions to adapt to changing circumstances and requirements.
Key Provisions
The key provisions of the Safety, Rehabilitation and Compensation Act 1988, as outlined in the Notice No. 7 of 2014, pertain to the extension and variation of the licence granted to Border Express Pty Ltd. This Act allows the Safety, Rehabilitation and Compensation Commission (the Commission) to extend the term of the licence from its original cessation date of 30 June 2014 to 30 June 2018, with the changes taking effect on 1 July 2014 (section 105(1)). Moreover, the Notice specifies that condition 6 of the licence is omitted and replaced with a new provision requiring the licensee to arrange for Insurance Australia Ltd to conduct any reconsiderations of determinations on behalf of the licensee, except for reconsiderations of own motion of matters in respect of which the outcomes would be no less favourable to the employee than the original decisions (section 105(1)). Additionally, the Notice modifies clause 9 of the licence by substituting the “Occupational Health and Safety Act 1991 (OHS Act)” with the “Work Health and Safety Act 2011 (WHS Act)” and updating all subsequent references to the “OHS Act” and “OHS” with the “WHS Act” and “WHS” respectively (subsection 108D(2)).
The Act imposes several obligations on Border Express Pty Ltd, including the requirement to enter into and maintain a written contract with Insurance Australia Ltd for the performance of reconsideration functions on behalf of the licensee. The licensee must also provide a copy of this contract to the Commission upon request (section 105(1)). Furthermore, the licensee must ensure that all references to the "OHS Act" and "OHS" are updated to the "WHS Act" and "WHS" respectively, reflecting the legislative changes. Additionally, Prudential Condition 4.2(c) has been updated to require that any financial instruments be obtained from a corporation authorised by the Australian Prudential Regulatory Authority (APRA) and meeting specific credit rating criteria.
The Notice also outlines potential consequences for breaches of the Act. While the specific penalties for non-compliance are not detailed in the Notice, the SRC Act generally provides for both civil and criminal penalties for breaches of its provisions. These penalties may include fines and imprisonment, with the exact penalties depending on the nature and severity of the breach. It is crucial for the licensee to adhere to the conditions of the licence and the obligations imposed by the Act to avoid any legal repercussions.