Safety, Rehabilitation and Compensation Act 1988
Part VIII
FLEETMASTER SERVICES PTY LTD
NOTICE OF VARIATION OF LICENCE
Notice No 18 of 2014
Fleetmaster Services Pty Ltd, ABN 57 106 648 293, 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 16 October 2007, registered as F2007L04175 on the Federal Register of Legislative Instruments on 23 October 2007.
The Safety, Rehabilitation and Compensation Commission (the Commission), acting under sections 103 and 104 of the SRC Act, granted a licence to Fleetmaster Services Pty Ltd on 10 December 2008 with a commencement date of 1 April 2009 at 12.01am (Australian Eastern Standard Time) and a cessation date of midnight (Australian Eastern Standard Time) on 30 June 2011.
This grant was notified by Notice No. 1 of 2009 in Commonwealth Gazette No. GN10 on 18 March 2009.
The Licence was subsequently extended by the Commission on:
- 15 June 2011 by Notice No. 6 of 2011, Commonwealth Gazette No. GN 25 on 29 June 2011.
The Commission, acting under subsection 105(1) of the SRC Act, varies the scope of the abovementioned Licence as set out below.
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 trading as CGU Self Insurance Services
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 on 1 October 2014.
Dated the 1st day of October 2014.
Barry Sherriff
Chairperson
Safety, Rehabilitation and Compensation Commission
Overview
The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) was enacted to address the gap in providing safety, rehabilitation, and compensation to employees injured at work. This legislation was introduced by the Commonwealth Parliament and aims to ensure that workers receive appropriate support and benefits following workplace injuries or occupational diseases. The Act establishes a framework for the administration of workers' compensation, including the provision of medical treatment, rehabilitation, and compensation payments. Part VIII of the SRC Act specifically deals with the licensing of entities to provide workers' compensation services, and the 2014 variation to Fleetmaster Services Pty Ltd’s licence reflects the ongoing efforts to improve and regulate the delivery of these services. The variations include changes to the reviewer of reconsiderations and adjustments to the prudential conditions for financial stability, ensuring that the licensee remains compliant with updated regulatory standards.
Scope and Application
The Safety, Rehabilitation and Compensation Act 1988 is an Australian legislation that applies to entities seeking to provide workers' compensation services, particularly to those granted a licence under Part VIII of the Act. This Act encompasses the conduct and transactions of licensed entities, ensuring they adhere to specific standards and regulations set forth to protect employees' rights and employers' obligations. The geographic reach of the Act is predominantly Commonwealth, but it can also affect state and territory jurisdictions as it regulates entities providing services under the national workers' compensation scheme. Notably, the Act excludes certain entities and individuals not operating within the workers' compensation framework and may have thresholds for eligibility based on operational capacity and financial stability. The application of the Act is further extended and refined through subordinate instruments, such as legislative variations to licence conditions, ensuring adaptability to changing regulatory environments and industry standards.
Key Provisions
The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) governs the operations of Fleetmaster Services Pty Ltd, as detailed in the Notice No 18 of 2014. Initially, the Licence was granted on 10 December 2008, effective from 1 April 2009 to 30 June 2011. This grant was extended on 15 June 2011, as per Notice No. 6 of 2011. The Commission, under subsection 105(1) of the SRC Act, has varied the scope of the Licence to include a new condition for reconsiderations under Part VI of the SRC Act, whereby Fleetmaster Services must arrange for Insurance Australia Ltd trading as CGU Self Insurance Services to perform reconsiderations on its behalf, 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. The Licencee must enter into a written contract with the Reviewer and maintain it, providing a copy to the Commission if requested.
The SRC Act imposes certain obligations on Fleetmaster Services. They must arrange for the Reviewer to carry out reconsiderations as stipulated in Condition 6, ensuring that they enter into and maintain a written contract with the Reviewer. Additionally, all references to the "Occupational Health and Safety Act 1991" (OHS Act) must be replaced with "Work Health and Safety Act 2011" (WHS Act) in clause 9 and subsequent references. Furthermore, Prudential Condition 4.2(c) has been modified to require that any financial backing must be obtained from a corporation authorised by the Australian Prudential Regulatory Authority (APRA), with specific credit and financial strength ratings as outlined.
Under the SRC Act, breaches of the Licence conditions may lead to civil and criminal consequences. The Act does not explicitly detail the specific penalties for breaches but generally, breaches of administrative or statutory requirements can result in fines, legal actions, or further regulatory sanctions. The maximum penalties, if applicable, would be determined by the nature of the breach and the specific provisions of the SRC Act and any related legislation. Compliance with the Licence conditions is crucial to avoid any potential legal repercussions or operational disruptions.