EXPLANATORY STATEMENT
Safety, Rehabilitation and Compensation Act 1988
Section 34S
Notice of a Disallowable Instrument
Approval of Form of Application for Renewal of Approval as a Workplace Rehabilitation Provider (Rehabilitation Program Provider)
The purpose of the Instrument to which this Explanatory Statement relates is to approve a new form for an Application for Renewal of Approval as a Workplace Rehabilitation Provider (Rehabilitation Program Provider), ‘Approved Application Form’ to apply on and from 1 January 2013. The purpose of the renewal form is to collect information needed to assess whether the applicant is suitable to have their approval renewed.
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 34S of the SRC Act authorises Comcare to approve the form of an Application for Renewal of Approval as a Workplace Rehabilitation Provider (Rehabilitation Program Provider).
The Approved Application Form, together with the Approval Criteria determined under section 34D of the SRC Act, and Operational Standards determined under section 34E 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 new renewal application form reflects the content of the HWCA national renewal form and has been modified to remove duplicated content from the previous Comcare version. The issuing of a new renewal form ensures that the content and submission details remain current with the Criteria, Operational Standards and HWCA approval requirements.
Applications to Comcare for Renewal of Approval must be made on the new Approved Application Form and will be assessed against the Approval Criteria and Operational Standards.
The Office of Best Practice Regulation (OBPR) has advised that the approval of this form does not require a Regulation Impact Statement (RIS).
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.
Overview
The Safety, Rehabilitation and Compensation Act 1988 was enacted to provide a framework for the rehabilitation of employees who have suffered work-related injuries or illnesses and to establish a compensation scheme. One of the key objectives of this Act is to ensure that rehabilitation services are provided through approved providers who meet certain criteria. The legislation was introduced to address the need for a structured approach to workplace rehabilitation and compensation, ensuring that employers and employees have access to appropriate rehabilitation services and that compensation is administered fairly and efficiently. This Act was enacted by the Australian Parliament to establish a comprehensive system for workplace safety, rehabilitation, and compensation.
The legislative instrument F2012L02078, introduced to amend the Safety, Rehabilitation and Compensation Act 1988, focuses on the renewal process for Workplace Rehabilitation Providers (Rehabilitation Program Providers). This instrument aims to streamline and standardise the application process for the renewal of approval by approving a new form for applications, in line with nationally consistent criteria and operational standards developed by the Heads of Workers Compensation Authorities. The new form is designed to collect necessary information to assess the suitability of providers for continued approval, ensuring that rehabilitation services remain of high quality and that the framework is consistently applied across jurisdictions.
Scope and Application
The Safety, Rehabilitation and Compensation Act 1988 applies to employers and employees within the scope of the Act, particularly those involved in workplace rehabilitation programs. This legislation allows employers to provide or arrange for rehabilitation programs through approved Workplace Rehabilitation Providers. The Act authorises Comcare, the Commonwealth's workers' compensation agency, to approve the forms and criteria necessary for the renewal of approval for these providers. The Act also extends to the implementation of a nationally consistent provider approval framework developed by the Heads of Workers Compensation Authorities (HWCA). This framework is reflected in the new Approved Application Form for the renewal of approval, which ensures that the form aligns with the current Approval Criteria, Operational Standards, and HWCA requirements. Applications for renewal must now be made using this new form and will be assessed against the specified criteria and standards. This legislative instrument has been approved without the need for a Regulation Impact Statement, and it does not affect any human rights recognised in the international instruments listed under the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) section 34S (1) establishes the legal framework for the approval of a form for an Application for Renewal of Approval as a Workplace Rehabilitation Provider (Rehabilitation Program Provider). This section authorises Comcare to approve the form of such an application, which must be used for any renewal applications submitted on or after 1 January 2013. The primary purpose of this form is to gather the necessary information to evaluate whether the applicant remains suitable for their approval to be renewed.
The obligations imposed by this legislation require rehabilitation authorities (employers) to either provide a rehabilitation program to an employee themselves or arrange for such a program to be provided by a Workplace Rehabilitation Provider that has been approved by Comcare, as per section 37 of the SRC Act. Employers must ensure that they use the Approved Application Form when applying for the renewal of their approval status as a Workplace Rehabilitation Provider. This requirement ensures that all applications are standardised and assessed against the Approval Criteria and Operational Standards. These criteria and standards were developed in consultation with a range of stakeholders, including employers, employee representatives, Workplace Rehabilitation Providers, and various compensation authorities.
Failure to comply with the requirements of the Approved Application Form and the associated Approval Criteria and Operational Standards could potentially result in the non-renewal of the Workplace Rehabilitation Provider's approval. While the legislation does not specify particular offences or penalties for the misuse of the application form, the consequences of not adhering to the outlined requirements could include the cessation of the provider’s ability to offer rehabilitation services under the SRC Act. This could have significant implications for both the employer and the employees they are responsible for, potentially disrupting the provision of necessary rehabilitation services.