EXPLANATORY STATEMENT
Safety, Rehabilitation and Compensation Act 1988
Issued by the Safety, Rehabilitation and Compensation Commission
Notice of a Disallowable Instrument and
Statement of Compatibility with Human Rights
Regulatory Contributions Determination Guidelines 2012
The purpose of the instrument to which this notice relates is to issue guidelines for the determination by Comcare of the annual regulatory contributions payable to Comcare by the employers of employees of the Commonwealth and Commonwealth authorities. They guide Comcare’s consideration of the matters set out in section 97D of the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act).
Section 97E of the SRC Act provides that the Safety, Rehabilitation and Compensation Commission (the Commission) may prepare and issue guidelines to the Chief Executive Officer of Comcare for that purpose.
The instrument is a legislative instrument within the meaning of the Legislative Instruments Act 2003.
The instrument was developed by the Commission in consultation with Comcare. Given the purpose and limited scope of this interest and employee and employer representation on the Commission the instrument was not released for public consultation.
As the regulatory contribution paying employers are public sector agencies the instrument has no impact on business and the non-profit sector and no regulation impact statement was required.
The instrument does not raise any human rights issues and 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 retrospective operation of this instrument is authorised and will not be detrimental to any persons captured by this instrument.
Overview
The Safety, Rehabilitation and Compensation Act 1988 was enacted by the Parliament of Australia to provide for the rehabilitation and compensation of persons injured in the course of their employment or duties as well as for the safety of employees and others. This Act was introduced to address the need for a structured framework to support workers who suffer injuries or illnesses due to their employment, ensuring they receive appropriate compensation and rehabilitation services. The Act established the Safety, Rehabilitation and Compensation Commission, which is responsible for overseeing the implementation of these provisions. The policy objective of the Act is to create a fair and efficient system for the rehabilitation and compensation of injured workers, thereby protecting both employees and employers while promoting workplace safety. The Regulatory Contributions Determination Guidelines 2012, developed by the Commission in consultation with Comcare, provide further direction on the determination of annual regulatory contributions, ensuring clarity and consistency in the application of the Act's provisions.
Scope and Application
The Regulatory Contributions Determination Guidelines 2012, issued under the Safety, Rehabilitation and Compensation Act 1988, provide a framework for determining the annual regulatory contributions payable by employers of Commonwealth employees to Comcare. These guidelines are applicable to public sector agencies within the Commonwealth and its authorities, as they dictate how Comcare calculates and assesses these contributions in accordance with section 97D of the SRC Act. The guidelines were developed by the Safety, Rehabilitation and Compensation Commission in consultation with Comcare, and while they are a legislative instrument under the Legislative Instruments Act 2003, they were not subject to public consultation due to their specific focus on public sector agencies. Importantly, these guidelines do not affect businesses or the non-profit sector and therefore did not require a regulation impact statement. Additionally, the guidelines are deemed compatible with human rights as recognised or declared in international instruments, and they do not raise any human rights issues. The retrospective operation of these guidelines is authorised and will not adversely impact any persons subject to them.
Key Provisions
The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) includes provisions that mandate the determination of annual regulatory contributions that employers of Commonwealth employees must pay to Comcare. These contributions are intended to support the functions of Comcare under the SRC Act. Section 97D of the SRC Act specifies the matters Comcare must consider when determining these contributions, while section 97E empowers the Safety, Rehabilitation and Compensation Commission to develop and issue guidelines to the Chief Executive Officer of Comcare for this purpose.
The obligations imposed by the SRC Act on employers of Commonwealth employees require them to pay the annual regulatory contributions as determined by Comcare, following the guidelines set by the Commission. Employers must ensure these contributions are made within the specified timeframes to remain compliant with the Act. The Commission, in its role, must provide clear and comprehensive guidelines that Comcare can use to make these determinations fairly and transparently.
Failure to comply with the requirements of the SRC Act can result in various consequences. Although the specific offences, penalties, and consequences are not detailed in the provided text, it is generally understood that non-compliance with legislative requirements can lead to enforcement actions. This may include administrative penalties, legal proceedings, or other corrective measures to ensure compliance. The exact penalties would depend on the nature and severity of the breach, as well as any relevant administrative or judicial decisions. The retrospective operation of the guidelines ensures that any previous years' contributions can be adjusted according to the new guidelines without penalising employers.