EXPLANATORY STATEMENT
Safety, Rehabilitation and Compensation Act 1988
Section 34S
Notice of a Disallowable Instrument
Approval of Form of Renewal Application for Approval as a Workplace Rehabilitation Provider
The purpose of the Approval of Form of Renewal Application for Approval as a Workplace Rehabilitation Provider (the Instrument), is to approve a new Renewal Application for Approval as a Workplace Rehabilitation Provider form ‘Approved Application Form’ to apply on and from 1 January 2016.
The purpose of the form is to collect information needed to assess whether the applicant is suitable to have their approval renewed. The reason for issuing a new application form is to ensure that the content and submission details remain current to the Criteria and Operational Standards for Workplace Rehabilitation Providers 2015, and the 2015 revision to the Heads of Workers’ Compensation Authorities (HWCA) nationally consistent approval framework Guide and supporting documents, including revisions made to the HWCA national renewal application form.
Workplace rehabilitation providers are engaged by the employer to deliver workplace rehabilitation services to support an injured employee’s recovery at, or return to work. Only providers approved by Comcare under Part III, Division 2 of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) are able to be engaged to deliver services to injured employees within the Comcare, Military Compensation and Seacare schemes.
The Comcare (and HWCA) renewal forms have been significantly reduced in size to reduce red tape, and remove the need to resubmit content that had already been assessed in previous applications and through annual self-evaluation audits.
Comcare is unable to use the HWCA national application form version as the SRC Act requires Comcare to determine its own form under section 34S. The content of the HWCA form has been used for the Comcare legislative instrument version.
Section 34S of the SRC Act requires Comcare to approve the form of an Application for Approval as a Workplace Rehabilitation Provider.
Applications to Comcare for Renewal of Approval must be made on the new Approved Application Form and will be assessed against the Criteria and Operational Standards which include all aspects of the HWCA nationally consistent approval framework.
Minor editing of the HWCA framework documentation (including the initial and renewal application forms) was undertaken throughout 2015 in preparation for the next three year approval period and provider renewal process. The revision of the documentation is minor in nature, including the following:
- incorporation of the recovery at work messaging of a focus on improving the worker’s functional ability and recovery through work;
- the use of SMART (specific, measurable, achievable, relevant and time-bound) goal concepts;
- updating the renewal of approval provisions to reduce red tape by removing the requirement to submit information previous provided;
- updating the glossary of terms and inclusion of additional definitions of practice standards; and
- revision of the conflict of interest statement of the code of conduct.
- the revision of the conflict of interest statement.
These changes have been developed by a working party from all workers’ compensation authority jurisdictions and through consultation with the national industry body- Australian Rehabilitation Provider’s Association and HWCA.
Comcare has conducted consultation on the instrument with the following relevant stakeholders:
- all employers to whom the SRC Act applies
- all workplace rehabilitation providers approved by Comcare
- other determining authorities (such as Seacare and DVA)
- internal Comcare stakeholders.
Comcare received email feedback on the instrument from five employers, five rehabilitation providers, three internal stakeholders and one determining authority. All feedback received was supportive of the revised instruments and Comcare’s approach. One stakeholder offered suggestions regarding providing additional guidance within the documents as to the format of the rehabilitation outcome data required to demonstrate conformance with the return to work rates, and suitable evidence to confirm the provider’s quality assurance framework, and the quality of workplace rehabilitation reports. Part C of the application form has been revised as a consequence.
The Office of Best Practice Regulation (OBPR) has advised that the approval of this form does not require a Regulation Impact Statement (RIS) (advice ID 19854).
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Approval of Form of Renewal Application for Approval as a Workplace Rehabilitation Provider
This Legislative Instrument is compatible with 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 of the Legislative Instrument
The purpose of this Legislative Instrument is to approve the format in which applicants will provide the information required by Comcare to assess whether the applicant is suitable to have their approval as a workplace rehabilitation provider renewed. The reason for issuing a new application form is to ensure that the content and submission details remain current to the Criteria and Operational Standards for Workplace Rehabilitation Providers 2015.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms. The effect of this Legislative Instruments is limited to approving the format in which Comcare receives the information required to make a determination under section 34K of the SRC Act. The criteria and operational standards relevant to a decision under section 34K of the SRC Act are set out in the Criteria and Operational Standards for Workplace Rehabilitation Providers 2015. Any applicable rights or freedoms engaged by those criteria and operational standards are considered in the human rights compatibility statement for that legislative instrument.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.