Safety, Rehabilitation and Compensation Act 1988 - Section 34S - Approval of Form of Application for Approval as a Workplace Rehabilitation Provider (Rehabilitation Program Provider) (17/10/2012)

Overview

The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) was enacted to address issues related to workplace injuries, rehabilitation, and compensation in Australia. This Act provides the framework for employers to offer or arrange rehabilitation programs for their employees, either directly or through approved providers. Specifically, the Act allows for the establishment of criteria and operational standards for approving workplace rehabilitation providers, ensuring that rehabilitation services meet nationally consistent standards. Enacted by the Australian Parliament, the Act aims to provide a comprehensive and fair system for the rehabilitation and compensation of employees injured at work. The Act was amended to introduce the new Approved Application Form for Workplace Rehabilitation Providers, ensuring that applications align with current criteria, operational standards, and the approval requirements set by the Heads of Workers Compensation Authorities (HWCA). This amendment facilitates the implementation of a nationally consistent provider approval framework, enhancing the efficiency and effectiveness of the rehabilitation services provided to employees.

Scope and Application

The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) applies to employers and employees who fall within the scope of the Act, which includes those engaged in Commonwealth or state public sector work, and certain maritime and aviation activities. Specifically, the Act allows for the provision of rehabilitation programs for employees injured at work or suffering from work-related diseases. Under section 34S of the SRC Act, Comcare is authorised to approve the form of an Application for Approval as a Workplace Rehabilitation Provider (Rehabilitation Program Provider). The Act mandates that rehabilitation programs can either be provided directly by the employer or arranged by Comcare through an approved Workplace Rehabilitation Provider. The Approved Application Form, along with the Approval Criteria and Operational Standards, was developed in consultation with various stakeholders including employers, 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). Applications for approval as a Workplace Rehabilitation Provider must be made on the Approved Application Form and will be assessed against the new Approval Criteria and Operational Standards. This legislative instrument does not engage any human rights and freedoms recognised or declared in international human rights instruments.

Key Provisions

The main operative sections of the legislation, F2012L02079, are focused on approving a new form for an Application for Approval as a Workplace Rehabilitation Provider (Rehabilitation Program Provider). Section 34S of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) provides the authority for Comcare to approve the form of the application, which is intended to collect information necessary to assess the applicant's suitability for approval. This new form, termed the 'Approved Application Form', will be applicable from 1 January 2013 and is designed to streamline the application process by removing duplicated content from the previous Comcare version and ensuring that the content aligns with the Criteria, Operational Standards, and Heads of Workers Compensation Authorities (HWCA) approval requirements. The obligations imposed by this legislation on parties and entities include the requirement for employers or rehabilitation authorities to submit their applications on the newly approved form. Section 37 of the SRC Act mandates that rehabilitation programs for employees can either be provided directly by the employer or arranged through an approved Workplace Rehabilitation Provider. The Approved Application Form, alongside the Approval Criteria and Operational Standards, has been developed through consultations with various stakeholders including employers, employee representatives, Workplace Rehabilitation Providers, and relevant government commissions. This collaborative approach ensures that the new framework is nationally consistent with the standards set by HWCA. Non-compliance with the requirements of this legislation can lead to civil or administrative consequences. Although specific penalties are not detailed in the text, failure to submit applications on the Approved Application Form, or non-adherence to the Approval Criteria and Operational Standards, could result in the application being rejected. This would prevent the applicant from being approved as a Workplace Rehabilitation Provider, thereby affecting their ability to provide rehabilitation programs to employees. The Office of Best Practice Regulation (OBPR) has confirmed that the approval of this form does not require a Regulation Impact Statement (RIS), indicating that the legislative changes are intended to be straightforward and minimally disruptive.