EXPLANATORY STATEMENT
Safety, Rehabilitation and Compensation Act 1988
Issued by Comcare
Notice of a Disallowable Instrument
Approved Form: Application Form for Renewal of Approval as a Rehabilitation Program Provider
The purpose of the form to which this Explanatory Statement relates is to gather relevant information from a person applying to Comcare for renewal of approval as a rehabilitation program provider pursuant to the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act).
Section 34K of the SRC Act provides that a person wishing to apply to Comcare for renewal of approval as a rehabilitation program provider must make an application
to Comcare in writing in the approved form.
An application for renewal must contain such information relating to the criteria in force under section 34D and the operational standards in force under section 34E as the approved form specifies. The relevant criteria and standards were determined on 29 September 2006 and then registered on the Federal Register of Legislative Instruments. These documents are incorporated by reference.
‘Approved form’ is defined in section 34S of the SRC Act as a form that is
approved by instrument in writing by Comcare and is a disallowable instrument for the purposes of section 5(1) of the Legislative Instruments Act 2003.
In accordance with section 34S of the SRC Act, the form has been approved by instrument in writing by Comcare. The form is a revised version of that determined on 8 October 2003 (Notice 22 of 2003) and published in the Commonwealth of Australia Gazette No. GN 41, 15 October 2003.
Approval of the form will be effective from 1 November 2006, as prescribed in the notice to which this statement is attached.
Overview
The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) was enacted to provide a framework for the management and administration of safety, rehabilitation and compensation matters in the Australian public service. The Act was introduced to address gaps in the protection and support of employees who suffer work-related injuries or illnesses. The SRC Act is administered by Comcare, which is responsible for managing the rehabilitation and compensation system under the Act. The policy objective of the Act is to ensure that employees who are injured or become ill as a result of their employment receive appropriate medical treatment, rehabilitation services, and compensation to facilitate their recovery and return to work. The Act also seeks to promote a safe and healthy work environment and to provide fair and efficient resolution of claims for injury or illness. The Approval Form for Renewal of Approval as a Rehabilitation Program Provider is an approved form under section 34S of the SRC Act and is a disallowable instrument for the purposes of section 5(1) of the Legislative Instruments Act 2003. The form is used to gather relevant information from a person applying to Comcare for renewal of approval as a rehabilitation program provider. The form has been approved by Comcare and will be effective from 1 November 2006.
Scope and Application
The Safety, Rehabilitation and Compensation Act 1988, as supplemented by the Application Form for Renewal of Approval as a Rehabilitation Program Provider, applies to any person or entity seeking to renew their approval as a rehabilitation program provider under the Act. This form is specifically designed to gather information pertinent to the criteria and operational standards established under sections 34D and 34E of the Act. These criteria and standards were determined and registered on 29 September 2006, and are incorporated by reference in the approved form. The form itself is defined in section 34S of the Act as an instrument approved by Comcare, which has the effect of being a disallowable instrument under the Legislative Instruments Act 2003. The approval of the form by Comcare is effective from 1 November 2006 and is a revision of the form determined in 2003. The jurisdictional reach of this Act and the associated form is federal, applying across the Commonwealth of Australia.
Key Provisions
The key operative sections of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) relevant to the renewal of approval for a rehabilitation program provider are sections 34K, 34D, 34E, and 34S. Section 34K mandates that any person seeking to apply for the renewal of approval as a rehabilitation program provider must do so in writing using the approved form. This form must include information that meets the criteria specified in section 34D and the operational standards detailed in section 34E. Section 34S defines an ‘approved form’ as one that has been approved by Comcare in writing and is a disallowable instrument under the Legislative Instruments Act 2003.
The obligations and requirements imposed by the SRC Act on entities applying for the renewal of approval as a rehabilitation program provider are primarily administrative. The Act requires the applicant to submit a written application using the approved form, which must include specific details aligning with the criteria in section 34D and the operational standards outlined in section 34E. These criteria and standards were determined on 29 September 2006 and registered on the Federal Register of Legislative Instruments. The approved form, revised and approved by Comcare, ensures that all necessary information is collected in a standardised manner. This process ensures that Comcare receives all pertinent information to evaluate the application effectively.
Failure to comply with the provisions of the SRC Act, including submitting an application in the approved form, may result in civil or criminal consequences. While the explanatory statement does not specify exact penalties, it is reasonable to infer that non-compliance with the statutory requirements could lead to legal action, including potential fines or other penalties as prescribed by relevant laws. The approved form itself is a disallowable instrument under the Legislative Instruments Act 2003, which further underscores the importance of adhering to the prescribed format and information requirements.