{"id":"F2022L01140","name":"Safety, Rehabilitation and Compensation (97E(1) – Premium Determination) Guidelines 2022","slug":"safety-rehabilitation-and-compensation-97e-1-premium-determination-guidelines-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441504,"registerId":"F2022L01140-fast-fetch-1775956785253","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Safety, Rehabilitation and Compensation (97E(1) – Premium Determination) Guidelines 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSafety, Rehabilitation and Compensation (97E(1) – Premium Determination) Guidelines 2022\n\nThe Safety, Rehabilitation and Compensation Commission makes the following legislative instrument.\n\nDated 24 August 2022   \n\nPeter Richards\n\nChairperson – Safety, Rehabilitation and Compensation Commission\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Determining Premiums\n\nSchedule 1—Repeals\n\nPremium Determination Guidelines 2016 (FL2016L01264)\n\n \n\n1  Name\n\nThis instrument is the Safety, Rehabilitation and Compensation (97E(1) – Premium Determination) Guidelines 2022.\n\n2  Commencement\n\n(1)    Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n(2)     Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\nThis instrument is made under section 97E(1) of the Safety, Rehabilitation and Compensation Act 1988\n\n4  Definitions\n\nAct means the Safety, Rehabilitation and Compensation Act 1988\n\n fully-funded position means that Comcare has sufficient assets to meet its liabilities of the premium-funded scheme, as calculated by an actuary.\n\nNote:   A number of expressions used in this instrument are defined in section 4 of the Act, including the following:\n\n(a) Entity\n\n(b) Commonwealth authority\n\n(c) Comcare\n\n(d) Commission\n\n5  Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6  Determining Premiums\n\nIn determining the amount of premiums to be paid by each Entity and by each Commonwealth authority under the Act in respect of a financial year, the following guidelines apply to Comcare:\n\n(1)        Comcare should maintain the scheme in a fully-funded position;\n\n(2)        The amount of premiums determined should balance responsiveness to changes in claims experience with the need for stable and predictable premiums;\n\n(3)        Significant long-term cross-subsidisation between Entities and Commonwealth authorities should be avoided;\n\n(4)        The methodology for calculation of premiums in one financial year should be used to calculate penalty and bonus amounts in the following year (regardless of whether the methodology has been varied in the interim);\n\n(5)        The impact of claim performance and other variable costs on premiums must be transparent and explained to Entities and Commonwealth authorities;\n\n(6)        Indicative premiums should be advised to each Entity and Commonwealth authority in time for consideration in the context of that Entity or Commonwealth authority’s budgets for the following financial year;\n\n(7)        Adjustments due to correction of data should only be made if identified before finalisation of the charge to which they relate, except for errors made by Comcare;\n\n(8)        Significant changes to the methodology for calculation of premiums must be explained to Entities and Commonwealth authorities;\n\n(9)        A minimum premium must be determined to apply in relation to each Entity and Commonwealth authority, to ensure the recovery of administrative costs incurred by Comcare; and\n\n(10)     Comcare must advise the Commission annually on its compliance with these guidelines.\n\n \n\nNote: \n\n(1)            Section 97J of the Act provides for the review by Comcare, at the request of an Entity or Commonwealth authority, of a premium determination under section 97 of the Act;\n\n(2)            Section 97K of the Act provides for the further review by the Commission, at the request of an Entity or Commonwealth authority, of a premium determination under section 97 of the Act that has been reviewed by Comcare under section 97J of the Act;\n\n(3)            Section 97M of the Act provides for the variation by Comcare, in certain specified circumstances, of a premium determination.\n\n \n\nSchedule 1—Repeals\n\nPremium Determination Guidelines 2016 (FL2016L01264)\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: setting guidelines for premium determination under the SRC Act. The 2022 version replaces the 2016 version without expanding into new areas. The scope remains limited to the procedural framework for calculating workers' compensation premiums for Commonwealth entities."},"complexity_factors":["Very short document (approximately 2 pages of substantive content)","Only 1 defined term in section 4 ('fully-funded position'), plus references to definitions in the parent Act","No cross-references to other legislative instruments (only references to sections of the parent SRC Act 1988)","Simple, numbered list format with 10 straightforward guidelines in section 6","No conditional logic, exceptions, or nested provisions","Single Schedule containing only a repeal of the previous instrument","Plain English drafting with minimal technical terminology"],"plain_english_summary":"This instrument sets binding rules for Comcare on how Commonwealth departments and agencies are charged workers’ compensation premiums. It requires premiums to reflect claims experience while protecting the scheme’s financial sustainability, ensuring transparency, timely notice, and consistent treatment so agencies can budget and be rewarded or penalised for safety performance. It also mandates annual reporting and replaces the 2016 Premium Determination Guidelines."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument expressly repeals the 2016 Premium Determination Guidelines (Schedule 1) and restates the Commission’s guidance under s97E(1) of the Act. It retains the same operational scope—guiding how Comcare sets premiums for Entities and Commonwealth authorities—but updates and foregrounds specific principles: fully-funded positioning, balance of responsiveness and stability, minimum premium to recover administrative costs, transparency/timing for budgeting, methodology carryover for penalties/bonuses, and annual compliance reporting (s6; Schedule 1)."},"complexity_factors":["Cross-references to the Act (authority under s97E(1) and related review/variation provisions s97J/K/M) require reading the primary statute alongside the guidelines.","Actuarial concept of a 'fully-funded position' introduces technical valuation and modelling (definition of fully-funded position).","Operational discretion: mixture of 'should' and 'must' terms leaves room for administrative judgment in implementation (s6).","Interplay between responsiveness to claims experience and need for stable, predictable premiums creates policy trade-offs and modelling choices (s6(2)).","Procedural requirements—timely indicative premiums for entity budgets and annual compliance reporting to the Commission—impose administrative timing and reporting burdens (s6(6), s6(10)).","Data correction rule (adjustments only before finalisation except for Comcare errors) creates a narrow exception that affects reconciliation processes (s6(7)).","Repeal of the 2016 Guidelines requires transition and comparison against prior methodology (Schedule 1)."],"plain_english_summary":"This instrument gives Comcare a set of principles to follow when setting premiums charged to Entities and Commonwealth authorities under the Safety, Rehabilitation and Compensation Act 1988 (s97E(1)). It repeals the 2016 Premium Determination Guidelines (Schedule 1). \n\nKey mechanical effects: Comcare must aim for a fully-funded scheme, balance responsiveness to claims with premium stability, provide transparent and timely indicative premiums for budgeting, set a minimum premium to cover administrative costs, and use the prior year’s methodology for calculating bonuses and penalties (s6)."}},"importantCases":[],"_links":{"self":"/api/acts/safety-rehabilitation-and-compensation-97e-1-premium-determination-guidelines-2022","history":"/api/acts/safety-rehabilitation-and-compensation-97e-1-premium-determination-guidelines-2022/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-97e-1-premium-determination-guidelines-2022/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-97e-1-premium-determination-guidelines-2022/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-97e-1-premium-determination-guidelines-2022/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-97e-1-premium-determination-guidelines-2022/documents"}}