EXPLANATORY STATEMENT
Safety, Rehabilitation and Compensation Act 1988
Issued by the Minister for Tertiary Education, Skills, Jobs and Employment Relations
Notice of a Disallowable Instrument
Variation of Edition 2.1 of the Guide to the Assessment of the Degree of Permanent Impairment
The purpose of the instrument to which this Explanatory Statement relates, is to approve the variation of Edition 2.1 of the Guide to the Assessment of the Degree of Permanent Impairment (the Guide), setting out the criteria by which the degree of permanent impairment and non-economic loss suffered by an injured employee shall be assessed for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act).
Section 28 of the SRC Act provides that Comcare may prepare a written document, to be called the “Guide to the Assessment of the Degree of Permanent Impairment” and may, from time to time, vary or revoke the approved Guide. In accordance with subsections 28(2) and (3), the instrument varies Edition 2.1, to commence on 1 December 2011.
The instrument is a legislative instrument within the meaning of the Legislative Instruments Act 2003.
The variation to Edition 2.1 corrects a typographical error that created ambiguity surrounding the implementation date of Edition 2.1.
Due to the minor nature of this legislative instrument, it has not been released for public consultation. However, the original instrument that this instrument varies, Edition 2.1, was released for consultation between 14 April 2011 and 13 May 2011.
Overview
The Safety, Rehabilitation and Compensation Act 1988, enacted by the Australian Parliament, was established to provide a comprehensive framework for safety, rehabilitation and compensation for employees injured in the course of their employment. The Act was designed to address the gaps in the existing legislative regime by ensuring injured workers received timely and adequate support and compensation. The Act specifically allows the Minister to prepare and vary the Guide to the Assessment of the Degree of Permanent Impairment, which serves as the benchmark for assessing the extent of an injured employee’s permanent impairment and non-economic loss. In December 2011, a variation to Edition 2.1 of this Guide was made to correct a typographical error that had caused ambiguity regarding the implementation date. This minor legislative instrument, issued under the authority of the Minister for Tertiary Education, Skills, Jobs and Employment Relations, aimed to ensure clarity and consistency in the assessment process, thereby upholding the policy objective of providing fair and accurate compensation to injured employees.
Scope and Application
The Safety, Rehabilitation and Compensation Act 1988 applies to injured employees within the Commonwealth public sector, as well as to employers and their representatives. The Act provides for the assessment of permanent impairment and non-economic loss suffered by employees as a result of work-related injuries or diseases. The Act’s application extends to any person or entity involved in a workplace within the Australian Capital Territory and any Commonwealth territory. The Act’s provisions include the establishment of criteria for assessing the degree of permanent impairment and the provision of rehabilitation services. The variation of Edition 2.1 of the Guide to the Assessment of the Degree of Permanent Impairment, which corrects a typographical error, is a legislative instrument within the meaning of the Legislative Instruments Act 2003. The instrument varies Edition 2.1, which was released for consultation, to commence on 1 December 2011. The variation has not been released for public consultation due to its minor nature.
Key Provisions
The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) includes provisions for the assessment of permanent impairment and non-economic loss in injured employees (Section 28). This involves the Guide to the Assessment of the Degree of Permanent Impairment, which was recently updated through a legislative instrument (F2011L02519). The main operative sections of this legislative instrument relate to the correction of a typographical error in Edition 2.1 of the Guide, which previously caused ambiguity regarding its implementation date. This update aims to ensure clarity and proper application of the criteria set out in the Guide.
The Act imposes obligations on parties such as employers and employees to adhere to the criteria specified in the Guide when assessing permanent impairment and non-economic loss. Employers are required to ensure that the assessments are conducted in accordance with the updated Guide, while employees must provide accurate and comprehensive information to facilitate the assessment process. Comcare, as the approving authority, is responsible for preparing and periodically updating the Guide to reflect any necessary changes in the assessment criteria.
Breach of the obligations outlined in the SRC Act can result in civil and criminal consequences. Although the specific offences and penalties are not detailed in the provided explanatory statement, it is reasonable to infer that any failure to comply with the assessment criteria in the Guide could lead to disputes or litigation. The consequences of such breaches may include fines, legal penalties, or other remedies available under the Act. It is important for all parties to ensure strict adherence to the legislative requirements to avoid these potential repercussions.