EXPLANATORY STATEMENT
Issued by Comcare
Notice of a Disallowable Instrument
Safety, Rehabilitation and Compensation Act 1988 (the Act)
Safety, Rehabilitation and Compensation (Renewal Application Form for Approval as a rehabilitation program provider) Instrument 2022 (the Instrument)
Authority
Under section 34S of the Act, Comcare is authorised to approve a form for application for renewal of a person as a rehabilitation program provider.
Purpose
The purpose of the Instrument is to approve a new renewal application form to seek approval to continue as a rehabilitation program provider under the Act, and it is to apply from 3 October 2022.
The renewal application form assists Comcare to collect information needed to assess whether the rehabilitation program provider is suitable to have their approval renewed. The reason for issuing a new renewal application form is to ensure that the content and submissions better align with the Safety Rehabilitation and Compensation Act (Criteria for Approval and Renewal of Rehabilitation Program Providers) Determination 2020 (the Criteria) and Safety Rehabilitation and Compensation Act (Operational Standards for Rehabilitation Program Providers) Determination 2020 (the Operational Standards), and Comcare’s workplace rehabilitation provider[1] approval framework.
An employer under the Act has the responsibility and authority for providing rehabilitation and managing employees’ return to work. Employers can refer an employee to a Comcare approved rehabilitation program provider to assist with the development and implementation of a rehabilitation program. Only providers approved by Comcare may be engaged to support a rehabilitation program in the Comcare scheme.
Section 34S of the SRC Act authorises Comcare to approve the form for application for renewal of approval as a rehabilitation program provider. The form is approved by legislative instrument for the purposes of the Legislation Act 2003 (the LA).
Applications to Comcare for renewal of approval must be made on the new approved renewal application form and will be assessed against the Criteria and Operational Standards.
The changes to the renewal form are minor in nature and focus on reducing administrative burden for applicants and Comcare, and better aligning submission requirements to the Criteria, Operational Standards and Comcare’s workplace rehabilitation provider approval framework.
Consultation
Before the Instrument was made, Comcare was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA.
Comcare engaged in extensive consultation when developing the Criteria and Operational Standards. This included consultation with approved program providers, the Australian Rehabilitation Providers Association, Rehabilitation Authorities (Australian Government Agencies and Licensees) and the Australian Council of Trade Unions.
Although Comcare is satisfied that the previous consultation continues to be sufficient for this version of the Instrument, additional consultation did occur with the Australian Rehabilitation Providers Association and the Department of Veterans’ Affairs. Stakeholders were supportive of this approach. Comcare is satisfied that the consultation undertaken is sufficient for this version of the Instrument.
Regulatory Impact Statement
The Office of Best Practice Regulation (OBPR) has advised that this instrument does not require a Regulation Impact Statement (RIS) (OBPR ID: OBPR22-02990).
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Safety, Rehabilitation and Compensation (Renewal Application Form for Approval as a rehabilitation program provider) Instrument 2022 (the Instrument)
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 (the HR Act) requires a statement of compatibility with human rights to be prepared in relation to this legislative instrument and paragraph 15J(2)(f) of the LA requires that it be included in the explanatory statement.
This Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the HR Act.
Overview of the Legislative Instrument
This Instrument is made under section 34S of the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act).
The purpose of this 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 rehabilitation program provider renewed. The reason for issuing a new application form is to ensure that the content and submissions better align with the Criteria and Operational Standards and Comcare’s workplace rehabilitation provider approval framework.
This Instrument will affect:
employees requiring rehabilitation services
individuals, partnerships and companies (and their employees) approved as rehabilitation program providers; and
employers with rehabilitation obligations towards employees.
Human rights implications
This Instrument approves the format in which Comcare collects the information required to make a determination under section 34L of the SRC Act.
The criteria and operational standards relevant to a decision under section 34L of the SRC Act are set out in the Criteria and Operational Standards. The applicable rights or freedoms engaged by the Criteria and Operational Standards are considered in the human rights compatibility statements for those legislative instruments.
This Instrument specifically engages the right to privacy and reputation.
Article 17(1) of the International Covenant on Civil and Political Rights prohibits unlawful or arbitrary interference with a person’s privacy, family, home and correspondence. The right to privacy is not an absolute right, and limitations are permissible.
The Instrument engages the right to privacy by requiring the collection of personal information. The collected information includes the qualifications and experience of individuals employed or otherwise engaged by rehabilitation program providers. If the rehabilitation program provider is an individual the Instrument requires the collection of information relating to the individual’s financial solvency.
The ability to collect information to assess compliance with the Criteria and Operational Standards is reasonable, necessary and proportionate, as all personal information will be lawfully collected in accordance with the Privacy Act 1988 (Cth), and it is reasonably necessary for and directly related to Comcare’s functions and powers under Part III of the SRC Act. Comcare does not collect unnecessary personal information and all personal information collected is required for Comcare to perform its function in assessing applications for renewal as an approved rehabilitation program provider.
Conclusion
The Instrument is compatible with human rights because it promotes human rights, and to the extent that it may limit human rights those limitations are reasonable, necessary and proportionate.
[1] A reference to a ‘workplace rehabilitation provider’ is a reference to a ‘rehabilitation program provider’.