Safety, Rehabilitation and Compensation (Specification of Medical Examination Interval) Instrument 2019

Administered by Department of Employment and Workplace Relations

Legislation au F2019L00293 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Safety, Rehabilitation and Compensation Act 1988

Issued by the Minister for Jobs and Industrial Relations

Safety, Rehabilitation and Compensation
(Specification of Medical Examination Interval) Instrument 2019

The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) establishes the Commonwealth workers’ compensation and rehabilitation scheme for employees of the Commonwealth, Commonwealth authorities and licensed corporations. For the purposes of the SRC Act, Comcare and licensees are relevant authorities responsible for determining liability and managing claims under the Act.

Section 57 of the SRC Act provides that where a notice has been given to a relevant authority under section 53 in relation to an employee, or where an employee has made a claim for compensation under section 54, the relevant authority may require the employee to undergo an examination by one legally qualified medical practitioner nominated by the relevant authority. If the employee refuses or fails, without reasonable excuse, to undergo the examination, or in any way obstructs the examination, the employee’s rights to compensation under the Act, and to institute or continue any proceedings under the Act in relation to compensation, are suspended until the examination takes place.

Section 57 is qualified by subsection 57(6) of the SRC Act, which provides that an employee shall not be required to undergo an examination under section 57 at more frequent intervals than are specified by the Minister by legislative instrument.

This instrument is made by the Minister under subsection 57(6) of the SRC Act. It specifies that an employee shall not be required to undergo an examination by the same legally qualified medical practitioner nominated by the relevant authority under section 57 more frequently than at one-month intervals (subsection 6(1) of this instrument). The specified interval only applies if the employee undergoes the examination (subsection 6(2) of this instrument).

Section 5 provides that the instrument applies in relation to an examination that an employer may require the employee to undergo pursuant to section 57 of the SRC Act after the commencement of this instrument.

For the avoidance of doubt, the interval specified in this instrument is the minimum interval for which an employee can be required to undergo an examination under section 57 of the SRC Act. This instrument does not specify, or imply, that employees should be required to undergo an examination at such intervals under section 57 of the SRC Act.  

Section 2 of this instrument provides that this instrument takes effect from the day after it is registered on the Federal Register of Legislation.

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

Consultation

The Department of Jobs and Small Business consulted with Comcare, licensees, Australian Public Service agencies, the Australian Capital Territory Government and the Australian Council of Trade Unions.

Regulation Impact Statement

The Office of Best Practice Regulation confirmed that a Regulation Impact Statement is not required (OBPR ID 24112).

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Safety, Rehabilitation and Compensation
(Specification of Medical Examination Interval) Instrument 2019

This legislative instrument is compatible with the human rights and freedoms recognised or declared by the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) establishes the Commonwealth workers’ compensation and rehabilitation scheme for employees of the Commonwealth, Commonwealth authorities and licensed corporations. For the purposes of the SRC Act, Comcare and licensees are relevant authorities responsible for determining liability and managing claims under the Act.

Section 57 of the SRC Act provides that, where a notice has been given to a relevant authority under section 53 in relation to an employee, or an employee has made a claim for compensation under section 54, the relevant authority may require the employee to undergo an examination by one legally qualified medical practitioner nominated by the relevant authority. If the employee refuses or fails, without reasonable excuse, to undergo the examination, or in any way obstructs the examination, the employee’s rights to compensation under the Act, and to institute or continue any proceedings under the Act in relation to compensation, are suspended until the examination takes place.

Section 57 is qualified by subsection 57(6) of the SRC Act, which provides that an employee shall not be required to undergo an examination under section 57 at more frequent intervals than are specified by the Minister by legislative instrument.

This instrument is made by the Minister under subsection 57(6) of the SRC Act to specify that an employee shall not be required to undergo an examination by the same legally qualified medical practitioner nominated by the relevant authority under section 57 more frequently than at one-month intervals. The specified interval only applies if the employee undergoes the examination.

For the avoidance of doubt, the interval specified in this instrument is the minimum interval for which an employee can be required to undergo an examination under section 57 of the SRC Act. This instrument does not specify, or imply, that employees should be required to undergo an examination at such intervals under section 57 of the SRC Act. 

Human rights implications

Article 9 of the International Covenant on Economic, Social and Cultural Rights provides for the right of everyone to social security, including social insurance. General Comment 19 by the Committee on Economic, Social and Cultural Rights elaborates on Article 9, stating that the ‘States parties should … ensure the protection of workers who are injured in the course of employment or other productive work’.[1]

The workers’ compensation scheme established by the SRC Act is a form of social insurance which relevantly provides rehabilitation and compensation support for employees with work-related injuries.

This instrument positively engages the right to social security by protecting injured employees from the requirement to attend medical examinations with the same legally qualified medical practitioner more frequently than is necessary for the relevant authority to determine their entitlements under the SRC Act.

Conclusion

This legislative instrument is compatible with human rights.

The Hon Kelly O’Dwyer MP

Minister for Jobs and Industrial Relations

[1] Committee on Economic, Social and Cultural Rights, General Comment 19: The Right to Social Security (art. 9), U.N. Doc E/C.12/GC/19 (2008), [17].

Overview

The Safety, Rehabilitation and Compensation Act 1988 was enacted to establish a workers' compensation and rehabilitation scheme for employees of the Commonwealth, Commonwealth authorities, and licensed corporations. This legislation addresses the need for a structured system to manage claims and provide compensation for work-related injuries. The enactment body, the Australian Parliament, aimed to ensure that injured employees receive appropriate support while protecting the interests of employers and relevant authorities. The primary policy objective of the Act is to provide a fair and efficient means of addressing work-related injuries, ensuring that employees receive timely compensation and rehabilitation services. The Act allows relevant authorities to require injured employees to undergo medical examinations to determine their entitlements, with specific provisions to regulate the frequency of these examinations.

Scope and Application

The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) applies to employees of the Commonwealth, Commonwealth authorities, and licensed corporations, establishing a workers' compensation and rehabilitation scheme for these individuals. Under the Act, Comcare and licensees are designated as relevant authorities responsible for determining liability and managing claims. Specifically, Section 57 of the SRC Act allows a relevant authority to require an employee to undergo a medical examination by a legally qualified medical practitioner if a notice has been given under section 53 or if the employee has made a compensation claim under section 54. If an employee refuses or fails to undergo the examination, their rights to compensation and to proceed with any related legal proceedings are suspended until the examination occurs. This Act applies nationally, covering all Commonwealth employees and entities operating under its jurisdiction. The Safety, Rehabilitation and Compensation (Specification of Medical Examination Interval) Instrument 2019 specifies that employees shall not be required to undergo examinations by the same medical practitioner more frequently than once a month, providing a minimum interval for such examinations. This legislative instrument, which came into effect the day after its registration on the Federal Register of Legislation, is a means by which the Minister exercises powers under subsection 57(6) of the SRC Act, and it is compatible with the human rights and freedoms recognised by international instruments.

Key Provisions

The main operative sections of the Safety, Rehabilitation and Compensation (Specification of Medical Examination Interval) Instrument 2019 (the Instrument) are sections 5 and 6. Section 5 specifies that the Instrument applies to examinations required under section 57 of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) after the commencement of the Instrument. Section 6 specifies the interval for these examinations, which is one month, provided the employee undergoes the examination. The Instrument emphasises that the specified interval is the minimum interval and does not imply that examinations should occur at such frequent intervals. The obligations and requirements imposed by the Instrument are primarily concerned with the frequency of medical examinations for employees who have made a claim for compensation or have been the subject of a notice under the SRC Act. According to section 6(1) of the Instrument, an employee shall not be required to undergo an examination by the same legally qualified medical practitioner more frequently than at one-month intervals, provided the employee undergoes the examination. This requirement is subject to the condition set out in section 6(2), which states that the interval applies only if the employee undergoes the examination. The Instrument thus ensures that employees are not unduly burdened by frequent medical examinations while still allowing relevant authorities to manage claims effectively. The Instrument also outlines the consequences for non-compliance. While the Instrument itself does not specify penalties for breach, section 57 of the SRC Act provides that if an employee refuses or fails, without reasonable excuse, to undergo a required examination, or obstructs the examination in any way, their rights to compensation under the SRC Act and to institute or continue any proceedings in relation to compensation are suspended until the examination takes place. This means that any failure to comply with the requirements for medical examinations could result in significant delays or denial of compensation for the employee. Finally, the Instrument is consistent with human rights obligations, as outlined in the Statement of Compatibility with Human Rights. It ensures that injured employees are protected from excessive medical examinations, thereby upholding their right to social security under international human rights instruments. This approach aligns with General Comment 19 by the Committee on Economic, Social and Cultural Rights, which elaborates on the right to social security, including the protection of workers injured in the course of employment.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.