EXPLANATORY STATEMENT
Safety, Rehabilitation and Compensation Act 1988
Issued by Comcare
Variation of Criteria: For Approval or Renewal of Approval of Rehabilitation Program Providers
Comcare has developed a model of occupational rehabilitation to assist employers to meet their responsibilities under the Safety, Rehabilitation and Compensation Act 1988 (“SRC Act”).
Under s34D of the Act, Comcare has determined the criteria to be complied with by all persons and organisations who are approved as rehabilitation program providers.
These criteria measure the competence, appropriateness and viability of each provider seeking approval or renewal of approval to deliver rehabilitation program services.
For renewal of approval purposes the provider is also required to provide evidence of referral activity and complete a satisfactory self-evaluation of performance against operational standards in force during the approval period.
In accordance with section 34D of the SRC Act, Comcare is to establish the criteria by instrument in writing. This criteria is a revised version of that determined on 8 October 2003 (Notice No 19 of 2003) and published in the Commonwealth of Australia Gazette on 15 October 2003.
This criteria will be effective from 1 November 2006, as prescribed in
the Legislative Instrument to which this statement relates.
Overview
The Safety, Rehabilitation and Compensation Act 1988 was enacted by the Australian Parliament to provide a framework for safety, rehabilitation, and compensation in the workplace, addressing the need for effective systems to support injured workers and employers. Comcare, the agency responsible for administering the Act, has established criteria for the approval and renewal of approval of rehabilitation program providers to ensure that only competent, appropriate, and viable providers are authorised to deliver services under the Act. This is intended to enhance the quality of rehabilitation services and support better outcomes for injured workers. The criteria for approval and renewal, as outlined in section 34D of the SRC Act, were updated and published in 2006, effective from 1 November 2006, to reflect current standards and practices in occupational rehabilitation. The policy objective is to ensure that rehabilitation services provided are of high quality and effectively meet the needs of injured workers.
Scope and Application
The Safety, Rehabilitation and Compensation Act 1988 applies to persons and organisations involved in occupational rehabilitation, specifically those seeking approval or renewal of approval as rehabilitation program providers under section 34D of the Act. This encompasses a broad range of entities, including private rehabilitation service providers, government bodies, and non-profit organisations that deliver rehabilitation programs to injured workers in the Commonwealth. The geographic reach of the Act is national, as it is administered by Comcare, a Commonwealth entity. The criteria established by Comcare are designed to ensure that approved rehabilitation providers demonstrate competence, appropriateness, and viability in delivering rehabilitation services. For renewal of approval, providers must also show evidence of referral activity and a satisfactory self-evaluation of their performance against operational standards. These criteria, revised from the 2003 version, were gazetted on 15 October 2003 and will be effective from 1 November 2006, as outlined in the relevant legislative instrument.
Key Provisions
The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) includes a provision under section 34D that allows Comcare to determine the criteria for the approval or renewal of approval of rehabilitation program providers. This section mandates that all entities seeking approval or renewal must comply with the specified criteria, which assess the competence, appropriateness, and viability of the provider in delivering rehabilitation services. For the renewal of approval, providers are additionally required to submit evidence of referral activity and conduct a self-evaluation of their performance against operational standards that were in effect during the approval period (s34D).
Under this legislation, the obligations imposed on rehabilitation program providers include demonstrating their ability to effectively deliver rehabilitation services. This involves meeting specific criteria set by Comcare, which may include aspects such as the qualifications of the staff, the quality of the programs offered, and the overall suitability of the services provided. For renewal of approval, providers must also provide evidence of their referral activities and conduct a thorough self-evaluation against the operational standards that were applicable during their previous approval period.
Failure to comply with the criteria established by Comcare can result in serious consequences. Although the SRC Act does not explicitly detail the penalties for non-compliance, breaches of occupational rehabilitation standards or failure to meet the approval criteria could potentially lead to the revocation of approval or denial of renewal. This means that providers could lose their eligibility to deliver rehabilitation services, impacting their ability to operate within the framework of the SRC Act. Additionally, continuous non-compliance may also attract civil or criminal penalties as per other relevant laws, although specifics are not outlined within this explanatory statement.