EXPLANATORY STATEMENT
Safety, Rehabilitation and Compensation Act 1988
Section 34D
Notice of a Disallowable Instrument
Variation of Criteria for Approval or Renewal of Approval as a Workplace Rehabilitation Provider (Rehabilitation Program Provider)
The purpose of the Instrument to which this Explanatory Statement relates is to vary the Criteria for Approval of Workplace Rehabilitation Providers (Rehabilitation Program Providers), the ‘Approval Criteria’, by revoking the current Approval Criteria and substituting new Approval Criteria to apply on and from 1 January 2013.
Section 37 of the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act) provides that a rehabilitation authority (employer) can provide a rehabilitation program to an employee itself or arrange for it to be provided by a Workplace Rehabilitation Provider that has been approved by Comcare. Section 34D of the SRC Act authorises Comcare to determine Criteria to be applied by Comcare in assessing applications for approval, or renewal of approval as a Workplace Rehabilitation Provider.
The purpose of the Approval Criteria is to set the mandatory criteria under which a workplace rehabilitation provider is approved (or renewed) by Comcare to operate within the scheme. The criteria include matters relating to the qualifications of the applicant, probity, financial arrangements, as well as incorporating the approval requirements of the Heads of Workers’ Compensation Authorities (HWCA) national approval framework under which providers are required to operate.
The Approval Criteria, together with the Operational Standards determined under section 34E of the SRC Act, and Application forms approved under section 34S of the SRC Act, were developed in consultation with:
employers to whom the SRC Act applies;
employee representatives;
Workplace Rehabilitation Providers;
the Safety, Rehabilitation and Compensation Commission;
the Military Rehabilitation and Compensation Commission; and
the Heads of Workers Compensation Authorities (HWCA)
and has allowed Comcare to implement the nationally consistent provider approval framework developed by HWCA.
The requirements of the approval and renewal of Workplace Rehabilitation Providers have not changed substantively in the variation of the Criteria, Operational Standards and application forms.
Comcare has simplified and consolidated parts of the Criteria and Operational standards; has added an explanation of the approval and renewal process to the Criteria; and included all content relating to the HWCA national approval framework within the body of the Criteria rather than spread between both the Criteria and Operational standards documents.
Applications to Comcare for Approval or Renewal of Approval must be made on the new approved forms and will be assessed against the Approval Criteria and Operational Standards. The purpose of issuing new approval and renewal forms is to ensure that the content and submission details remain current to the Criteria, Operational Standards and HWCA approval requirements.
The Office of Best Practice Regulation (OBPR) has advised that no Regulation Impact Statement (RIS) is required for this change.
This Legislative Instrument does not engage any of the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.