{"id":"F2019L00299","name":"Safety, Rehabilitation and Compensation Directions 2019","slug":"safety-rehabilitation-and-compensation-directions-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98901,"registerId":"commonwealth-F2019L00299-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary\n\n1 Name\n\n  This instrument is the Safety, Rehabilitation and Compensation Directions 2019.\n\n#### 3 Authority\n\n  This instrument is made under section 89D of the Safety, Rehabilitation and Compensation Act 1988.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the definitions section of the Act, including the following:\n\n    (a) Commission;\n    (b) Commonwealth authority;\n    (c) licence;\n    (d) licensee.\n  In this instrument:\n\n> Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> outstanding tail liability means the indicative value of outstanding claim liabilities arising under the Act in relation to injury, loss, damage, or death suffered by employees of a Commonwealth authority in the period prior to the commencement of a licence during which the Commonwealth authority paid an annual premium under the Act, calculated by Comcare as at the date upon which the Commonwealth authority will, or proposes to, assume such liability.\n\n> preserved licence has the same meaning as in the Regulations.\n\n> Regulations means the Safety, Rehabilitation and Compensation Regulations 2019.\n\n## Part 2—Criteria and procedures—grant of licences\n\n#### 6 Matters to be considered in deciding whether to grant a licence—Commonwealth authorities\n\n  The Commission must not grant a licence to a Commonwealth authority, other than to the Australian Capital Territory, under section 104 of the Act, unless the Commission is satisfied that claims will be managed by employees of:\n    (a) the applicant; or\n    (b) Comcare; or\n    (c) a Comcare subsidiary; or\n    (d) another Commonwealth authority.\n\n#### 6A Notification of proposed authorisation to accept tail liabilities\n\n(1) This section applies if a Commonwealth authority has applied for, or the Commission proposes to grant, a licence that authorises a Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the proposed licence will come into force.\n\n(2) The Commission must not grant a licence unless it has notified the Minister, in writing, of:\n\n(a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n(b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the proposed licence.\n\n#### 7 Matters to be considered in deciding whether to grant a licence—eligible corporations\n\n  The Commission must not grant a licence to an eligible corporation under section 104 of the Act unless the Commission is satisfied, on reasonable grounds, that satisfactory arrangements have been made to ensure that payments that would be required to be made under the Act to, or in respect of, the eligible corporation’s employees will continue to be paid if that corporation is wound up.\n\n#### 7A Matters to be considered in deciding whether to grant a licence – eligible corporations\n\n  In determining an application for a licence under section 104 of the Act, the primary criteria to be considered by the Commission is whether it is satisfied, on reasonable grounds, that:\n  (a) the applicant is a member of a corporate group in which a majority of employees in the corporate group are, at the time of the application, covered by the Act; and\n  (b) the licence would not result in an overall reduction in workers’ compensation entitlements for the employees of the applicant to be covered by the Act.\n\n#### 8 Licence decision\n\n  (1) In the written notice informing the applicant of the Commission’s decision to grant the licence sought in accordance with subsection 104(1) of the Act, the Commission must specify:\n    (a) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee may accept liability for compensation; and\n    (b) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee is authorised to manage claims; and\n    (c) the conditions to which the grant of the licence is subject; and\n    (d) the period for which the licence is granted.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 3—Scope and conditions of licence\n\n### Division 3.1—Licences granted to Commonwealth authorities\n\n#### 9 Application\n\n  This Division applies to a licence granted by the Commission to a Commonwealth authority.\n\n#### 10 Acceptance of liability – prior Class 3 licence or Class A or B licence\n\n  If, immediately before 1 April 2002, the licensee held a Class 3 licence under Part VIIIA of the Act or a Class A or B licence under Part VIIIB of the Act (the previous licence), the Commission may authorise the licensee to accept liability to pay compensation and other amounts under the Act for a particular injury, loss or damage suffered by, or for the death of, some or all of its employees for claims for an injury, loss, damage or death:\n    (a) that occurred during the period for which the previous licence was in force; or\n    (b) that occurs during the period specified in the licence.\n\n#### 11 Claims management\n\n  (1) The Commission may only grant a licence to a Commonwealth authority that authorises the licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence authorises only the persons set out in subsection (2) to manage claims on behalf of the licensee.\n  Who may manage claims on behalf of a licensed authority\n  (2) The licence may only authorise the following persons to manage claims on behalf of the licensee:\n    (a) Comcare;\n    (b) a Comcare subsidiary;\n    (c) employees of Comcare or of a Comcare subsidiary;\n    (d) another Commonwealth authority;\n    (e) employees of another Commonwealth authority.\n  (3) This provision does not apply in relation to a licence that is, or will be, granted to the Australian Capital Territory.\n\n#### 11A Notification of request to accept tail liabilities\n\n    (1) This section applies if a Commonwealth authority has requested in writing, a variation of licence that would, if granted, authorise the Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the licence commenced.\n\n    (2) The Commission must not vary the scope of the licence unless it has notified the Minister, in writing, of:\n\n    (a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n    (b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the requested variation of licence.\n\n### Division 3.2—Licences granted to eligible corporations\n\n#### 12 Application\n\n  This Division applies to a licence granted by the Commission to a corporation (other than a corporation that is a Commonwealth authority).\n\n#### 13 Conditions\n\n  (1) The licence may include the following conditions:\n    (a) if requested in writing by the Commission to do so, the licensee must give to the Commission the information relating to the licensee’s operations under the Act that is specified in the request;\n    (b) the licensee must lodge with the Commission, within 120 days after the end of each accounting period (or, if the Commission allows a longer period, within that period), a copy of the accounts required under the law of the place of the licensee’s incorporation for the accounting period;\n    (c) the licensee must include and identify in the accounts mentioned in paragraph (b) provision for meeting the licensee’s accrued and contingent liability as at the end of the accounting period for claims made under the Act in the accounting period.\n  (2) If the licence includes the condition mentioned in paragraph (1)(c), the licence must also include a condition that:\n    (a) the provision mentioned in that paragraph must be consistent with a written evaluation, by an actuary, of the licensee’s accrued and contingent liability for the accounting period; and\n    (b) the evaluation mentioned in paragraph (a) must be lodged with the Commission.\n\n### Division 3.3—General\n\n#### 14 Conditions—claims management\n\n  (1) The Commission may only grant a licence that authorises a licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence contains the conditions in subsection (2).\n  Conditions\n  (2) The licensee or specified person, in managing claims:\n    (a) must be guided by equity, good conscience and the substantial merits of the case, without regard to technicalities; and\n    (b) is not required to conduct a hearing; and\n    (c) is not bound by the rules of evidence.\n\n## Part 4—Criteria and procedures—suspension and revocation of licences\n\n#### 15 Revocation or suspension of licence at the instance of the Commission\n\n  (1) The Commission may, under section 106 of the Act, suspend or revoke a licence held by a Commonwealth authority.\n  (2) The Commission may, under section 106 of the Act, revoke, but may not suspend, a licence held by a licensed corporation.\n  Notice to the licensee\n  (3) If the Commission suspends or revokes a licence under section 106 of the Act, the Commission must give the licensee written notice:\n    (a) stating that the Commission has suspended or revoked the licence under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for notices relating to a suspension—state the period for which the licence is suspended; and\n    (d) setting out the reasons for the suspension or revocation.\n  Notice to be published\n  (4) If the Commission revokes or suspends a licence under section 106 of the Act, the Commission must publish a notice in the Gazette or by notifiable instrument:\n    (a) stating that the licence has been suspended or revoked under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for a notice relating to a suspension—state the period of suspension.\n\n#### 16 Suspected breach of condition\n\n  (1) For subsection 106(2) of the Act, the procedure set out in this section is a procedure preliminary to the suspension or revocation of a licence at the instance of the Commission.\n  (2) If the Commission believes, on reasonable grounds, that a licensee may have breached a condition to which the grant of the licence is subject, the Commission may give a written notice to the licensee:\n    (a) stating that the Commission believes that the licensee may have breached a condition of its licence; and\n    (b) giving details of the matters that the Commission considers may constitute the breach; and\n    (c) stating that if the Commission is satisfied that a breach has occurred, the Commission may:\n    (i) if the licensee is a Commonwealth authority—suspend or revoke the licence; or\n    (ii) if the licensee is a licensed corporation—revoke the licence; and\n    (d) inviting the licensee to make written submissions in relation to the matter to the Commission, within 30 days after receiving the notice.\n    (3) If the licensee makes a submission within the period mentioned in paragraph (2)(d), the Commission must consider the submission.\n\n#### 17 Revocation of licence at the request of licensee\n\n  (1) If the Commission decides to revoke a licence under section 107 of the Act, the Commission must give the licensee a notice in writing, stating:\n    (a) that the Commission has revoked the licence under section 107 of the Act; and\n    (b) the date of effect of the revocation.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 5—Notices\n\n#### 18 Variation of scope of licence or extension of term of licence\n\n  (1) If the Commission varies the scope of a licence or extends the term of a licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the licence or the extension of the term of the licence.\n  (2) If the Commission varies the scope of a preserved licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the preserved licence.\n\n#### 19 Variation of conditions\n\n  If, the Commission varies a condition to which the grant of a licence or preserved licence is subject, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the condition.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"1 Name\n\n  This instrument is the Safety, Rehabilitation and Compensation Directions 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 89D of the Safety, Rehabilitation and Compensation Act 1988.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the definitions section of the Act, including the following:\n\n    (a) Commission;\n    (b) Commonwealth authority;\n    (c) licence;\n    (d) licensee.\n  In this instrument:\n\n> Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> outstanding tail liability means the indicative value of outstanding claim liabilities arising under the Act in relation to injury, loss, damage, or death suffered by employees of a Commonwealth authority in the period prior to the commencement of a licence during which the Commonwealth authority paid an annual premium under the Act, calculated by Comcare as at the date upon which the Commonwealth authority will, or proposes to, assume such liability.\n\n> preserved licence has the same meaning as in the Regulations.\n\n> Regulations means the Safety, Rehabilitation and Compensation Regulations 2019.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Criteria and procedures—grant of licences","content":"## Part 1—Preliminary\n\n1 Name\n\n  This instrument is the Safety, Rehabilitation and Compensation Directions 2019.\n\n#### 3 Authority\n\n  This instrument is made under section 89D of the Safety, Rehabilitation and Compensation Act 1988.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the definitions section of the Act, including the following:\n\n    (a) Commission;\n    (b) Commonwealth authority;\n    (c) licence;\n    (d) licensee.\n  In this instrument:\n\n> Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> outstanding tail liability means the indicative value of outstanding claim liabilities arising under the Act in relation to injury, loss, damage, or death suffered by employees of a Commonwealth authority in the period prior to the commencement of a licence during which the Commonwealth authority paid an annual premium under the Act, calculated by Comcare as at the date upon which the Commonwealth authority will, or proposes to, assume such liability.\n\n> preserved licence has the same meaning as in the Regulations.\n\n> Regulations means the Safety, Rehabilitation and Compensation Regulations 2019.\n\n## Part 2—Criteria and procedures—grant of licences\n\n#### 6 Matters to be considered in deciding whether to grant a licence—Commonwealth authorities\n\n  The Commission must not grant a licence to a Commonwealth authority, other than to the Australian Capital Territory, under section 104 of the Act, unless the Commission is satisfied that claims will be managed by employees of:\n    (a) the applicant; or\n    (b) Comcare; or\n    (c) a Comcare subsidiary; or\n    (d) another Commonwealth authority.\n\n#### 6A Notification of proposed authorisation to accept tail liabilities\n\n(1) This section applies if a Commonwealth authority has applied for, or the Commission proposes to grant, a licence that authorises a Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the proposed licence will come into force.\n\n(2) The Commission must not grant a licence unless it has notified the Minister, in writing, of:\n\n(a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n(b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the proposed licence.\n\n#### 7 Matters to be considered in deciding whether to grant a licence—eligible corporations\n\n  The Commission must not grant a licence to an eligible corporation under section 104 of the Act unless the Commission is satisfied, on reasonable grounds, that satisfactory arrangements have been made to ensure that payments that would be required to be made under the Act to, or in respect of, the eligible corporation’s employees will continue to be paid if that corporation is wound up.\n\n#### 7A Matters to be considered in deciding whether to grant a licence – eligible corporations\n\n  In determining an application for a licence under section 104 of the Act, the primary criteria to be considered by the Commission is whether it is satisfied, on reasonable grounds, that:\n  (a) the applicant is a member of a corporate group in which a majority of employees in the corporate group are, at the time of the application, covered by the Act; and\n  (b) the licence would not result in an overall reduction in workers’ compensation entitlements for the employees of the applicant to be covered by the Act.\n\n#### 8 Licence decision\n\n  (1) In the written notice informing the applicant of the Commission’s decision to grant the licence sought in accordance with subsection 104(1) of the Act, the Commission must specify:\n    (a) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee may accept liability for compensation; and\n    (b) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee is authorised to manage claims; and\n    (c) the conditions to which the grant of the licence is subject; and\n    (d) the period for which the licence is granted.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 3—Scope and conditions of licence\n\n### Division 3.1—Licences granted to Commonwealth authorities\n\n#### 9 Application\n\n  This Division applies to a licence granted by the Commission to a Commonwealth authority.\n\n#### 10 Acceptance of liability – prior Class 3 licence or Class A or B licence\n\n  If, immediately before 1 April 2002, the licensee held a Class 3 licence under Part VIIIA of the Act or a Class A or B licence under Part VIIIB of the Act (the previous licence), the Commission may authorise the licensee to accept liability to pay compensation and other amounts under the Act for a particular injury, loss or damage suffered by, or for the death of, some or all of its employees for claims for an injury, loss, damage or death:\n    (a) that occurred during the period for which the previous licence was in force; or\n    (b) that occurs during the period specified in the licence.\n\n#### 11 Claims management\n\n  (1) The Commission may only grant a licence to a Commonwealth authority that authorises the licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence authorises only the persons set out in subsection (2) to manage claims on behalf of the licensee.\n  Who may manage claims on behalf of a licensed authority\n  (2) The licence may only authorise the following persons to manage claims on behalf of the licensee:\n    (a) Comcare;\n    (b) a Comcare subsidiary;\n    (c) employees of Comcare or of a Comcare subsidiary;\n    (d) another Commonwealth authority;\n    (e) employees of another Commonwealth authority.\n  (3) This provision does not apply in relation to a licence that is, or will be, granted to the Australian Capital Territory.\n\n#### 11A Notification of request to accept tail liabilities\n\n    (1) This section applies if a Commonwealth authority has requested in writing, a variation of licence that would, if granted, authorise the Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the licence commenced.\n\n    (2) The Commission must not vary the scope of the licence unless it has notified the Minister, in writing, of:\n\n    (a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n    (b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the requested variation of licence.\n\n### Division 3.2—Licences granted to eligible corporations\n\n#### 12 Application\n\n  This Division applies to a licence granted by the Commission to a corporation (other than a corporation that is a Commonwealth authority).\n\n#### 13 Conditions\n\n  (1) The licence may include the following conditions:\n    (a) if requested in writing by the Commission to do so, the licensee must give to the Commission the information relating to the licensee’s operations under the Act that is specified in the request;\n    (b) the licensee must lodge with the Commission, within 120 days after the end of each accounting period (or, if the Commission allows a longer period, within that period), a copy of the accounts required under the law of the place of the licensee’s incorporation for the accounting period;\n    (c) the licensee must include and identify in the accounts mentioned in paragraph (b) provision for meeting the licensee’s accrued and contingent liability as at the end of the accounting period for claims made under the Act in the accounting period.\n  (2) If the licence includes the condition mentioned in paragraph (1)(c), the licence must also include a condition that:\n    (a) the provision mentioned in that paragraph must be consistent with a written evaluation, by an actuary, of the licensee’s accrued and contingent liability for the accounting period; and\n    (b) the evaluation mentioned in paragraph (a) must be lodged with the Commission.\n\n### Division 3.3—General\n\n#### 14 Conditions—claims management\n\n  (1) The Commission may only grant a licence that authorises a licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence contains the conditions in subsection (2).\n  Conditions\n  (2) The licensee or specified person, in managing claims:\n    (a) must be guided by equity, good conscience and the substantial merits of the case, without regard to technicalities; and\n    (b) is not required to conduct a hearing; and\n    (c) is not bound by the rules of evidence.\n\n## Part 4—Criteria and procedures—suspension and revocation of licences\n\n#### 15 Revocation or suspension of licence at the instance of the Commission\n\n  (1) The Commission may, under section 106 of the Act, suspend or revoke a licence held by a Commonwealth authority.\n  (2) The Commission may, under section 106 of the Act, revoke, but may not suspend, a licence held by a licensed corporation.\n  Notice to the licensee\n  (3) If the Commission suspends or revokes a licence under section 106 of the Act, the Commission must give the licensee written notice:\n    (a) stating that the Commission has suspended or revoked the licence under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for notices relating to a suspension—state the period for which the licence is suspended; and\n    (d) setting out the reasons for the suspension or revocation.\n  Notice to be published\n  (4) If the Commission revokes or suspends a licence under section 106 of the Act, the Commission must publish a notice in the Gazette or by notifiable instrument:\n    (a) stating that the licence has been suspended or revoked under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for a notice relating to a suspension—state the period of suspension.\n\n#### 16 Suspected breach of condition\n\n  (1) For subsection 106(2) of the Act, the procedure set out in this section is a procedure preliminary to the suspension or revocation of a licence at the instance of the Commission.\n  (2) If the Commission believes, on reasonable grounds, that a licensee may have breached a condition to which the grant of the licence is subject, the Commission may give a written notice to the licensee:\n    (a) stating that the Commission believes that the licensee may have breached a condition of its licence; and\n    (b) giving details of the matters that the Commission considers may constitute the breach; and\n    (c) stating that if the Commission is satisfied that a breach has occurred, the Commission may:\n    (i) if the licensee is a Commonwealth authority—suspend or revoke the licence; or\n    (ii) if the licensee is a licensed corporation—revoke the licence; and\n    (d) inviting the licensee to make written submissions in relation to the matter to the Commission, within 30 days after receiving the notice.\n    (3) If the licensee makes a submission within the period mentioned in paragraph (2)(d), the Commission must consider the submission.\n\n#### 17 Revocation of licence at the request of licensee\n\n  (1) If the Commission decides to revoke a licence under section 107 of the Act, the Commission must give the licensee a notice in writing, stating:\n    (a) that the Commission has revoked the licence under section 107 of the Act; and\n    (b) the date of effect of the revocation.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 5—Notices\n\n#### 18 Variation of scope of licence or extension of term of licence\n\n  (1) If the Commission varies the scope of a licence or extends the term of a licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the licence or the extension of the term of the licence.\n  (2) If the Commission varies the scope of a preserved licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the preserved licence.\n\n#### 19 Variation of conditions\n\n  If, the Commission varies a condition to which the grant of a licence or preserved licence is subject, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the condition.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Matters to be considered in deciding whether to grant a licence—Commonwealth authorities","content":"#### 6 Matters to be considered in deciding whether to grant a licence—Commonwealth authorities\n\n  The Commission must not grant a licence to a Commonwealth authority, other than to the Australian Capital Territory, under section 104 of the Act, unless the Commission is satisfied that claims will be managed by employees of:\n    (a) the applicant; or\n    (b) Comcare; or\n    (c) a Comcare subsidiary; or\n    (d) another Commonwealth authority.","sortOrder":5},{"sectionNumber":"6A","sectionType":"section","heading":"Notification of proposed authorisation to accept tail liabilities","content":"#### 6A Notification of proposed authorisation to accept tail liabilities\n\n(1) This section applies if a Commonwealth authority has applied for, or the Commission proposes to grant, a licence that authorises a Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the proposed licence will come into force.\n\n(2) The Commission must not grant a licence unless it has notified the Minister, in writing, of:\n\n(a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n(b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the proposed licence.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Matters to be considered in deciding whether to grant a licence—eligible corporations","content":"#### 7 Matters to be considered in deciding whether to grant a licence—eligible corporations\n\n  The Commission must not grant a licence to an eligible corporation under section 104 of the Act unless the Commission is satisfied, on reasonable grounds, that satisfactory arrangements have been made to ensure that payments that would be required to be made under the Act to, or in respect of, the eligible corporation’s employees will continue to be paid if that corporation is wound up.","sortOrder":7},{"sectionNumber":"7A","sectionType":"section","heading":"Matters to be considered in deciding whether to grant a licence — eligible corporations","content":"#### 7A Matters to be considered in deciding whether to grant a licence – eligible corporations\n\n  In determining an application for a licence under section 104 of the Act, the primary criteria to be considered by the Commission is whether it is satisfied, on reasonable grounds, that:\n  (a) the applicant is a member of a corporate group in which a majority of employees in the corporate group are, at the time of the application, covered by the Act; and\n  (b) the licence would not result in an overall reduction in workers’ compensation entitlements for the employees of the applicant to be covered by the Act.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Licence decision","content":"#### 8 Licence decision\n\n  (1) In the written notice informing the applicant of the Commission’s decision to grant the licence sought in accordance with subsection 104(1) of the Act, the Commission must specify:\n    (a) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee may accept liability for compensation; and\n    (b) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee is authorised to manage claims; and\n    (c) the conditions to which the grant of the licence is subject; and\n    (d) the period for which the licence is granted.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Scope and conditions of licence","content":"## Part 1—Preliminary\n\n1 Name\n\n  This instrument is the Safety, Rehabilitation and Compensation Directions 2019.\n\n#### 3 Authority\n\n  This instrument is made under section 89D of the Safety, Rehabilitation and Compensation Act 1988.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the definitions section of the Act, including the following:\n\n    (a) Commission;\n    (b) Commonwealth authority;\n    (c) licence;\n    (d) licensee.\n  In this instrument:\n\n> Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> outstanding tail liability means the indicative value of outstanding claim liabilities arising under the Act in relation to injury, loss, damage, or death suffered by employees of a Commonwealth authority in the period prior to the commencement of a licence during which the Commonwealth authority paid an annual premium under the Act, calculated by Comcare as at the date upon which the Commonwealth authority will, or proposes to, assume such liability.\n\n> preserved licence has the same meaning as in the Regulations.\n\n> Regulations means the Safety, Rehabilitation and Compensation Regulations 2019.\n\n## Part 2—Criteria and procedures—grant of licences\n\n#### 6 Matters to be considered in deciding whether to grant a licence—Commonwealth authorities\n\n  The Commission must not grant a licence to a Commonwealth authority, other than to the Australian Capital Territory, under section 104 of the Act, unless the Commission is satisfied that claims will be managed by employees of:\n    (a) the applicant; or\n    (b) Comcare; or\n    (c) a Comcare subsidiary; or\n    (d) another Commonwealth authority.\n\n#### 6A Notification of proposed authorisation to accept tail liabilities\n\n(1) This section applies if a Commonwealth authority has applied for, or the Commission proposes to grant, a licence that authorises a Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the proposed licence will come into force.\n\n(2) The Commission must not grant a licence unless it has notified the Minister, in writing, of:\n\n(a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n(b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the proposed licence.\n\n#### 7 Matters to be considered in deciding whether to grant a licence—eligible corporations\n\n  The Commission must not grant a licence to an eligible corporation under section 104 of the Act unless the Commission is satisfied, on reasonable grounds, that satisfactory arrangements have been made to ensure that payments that would be required to be made under the Act to, or in respect of, the eligible corporation’s employees will continue to be paid if that corporation is wound up.\n\n#### 7A Matters to be considered in deciding whether to grant a licence – eligible corporations\n\n  In determining an application for a licence under section 104 of the Act, the primary criteria to be considered by the Commission is whether it is satisfied, on reasonable grounds, that:\n  (a) the applicant is a member of a corporate group in which a majority of employees in the corporate group are, at the time of the application, covered by the Act; and\n  (b) the licence would not result in an overall reduction in workers’ compensation entitlements for the employees of the applicant to be covered by the Act.\n\n#### 8 Licence decision\n\n  (1) In the written notice informing the applicant of the Commission’s decision to grant the licence sought in accordance with subsection 104(1) of the Act, the Commission must specify:\n    (a) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee may accept liability for compensation; and\n    (b) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee is authorised to manage claims; and\n    (c) the conditions to which the grant of the licence is subject; and\n    (d) the period for which the licence is granted.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 3—Scope and conditions of licence\n\n### Division 3.1—Licences granted to Commonwealth authorities\n\n#### 9 Application\n\n  This Division applies to a licence granted by the Commission to a Commonwealth authority.\n\n#### 10 Acceptance of liability – prior Class 3 licence or Class A or B licence\n\n  If, immediately before 1 April 2002, the licensee held a Class 3 licence under Part VIIIA of the Act or a Class A or B licence under Part VIIIB of the Act (the previous licence), the Commission may authorise the licensee to accept liability to pay compensation and other amounts under the Act for a particular injury, loss or damage suffered by, or for the death of, some or all of its employees for claims for an injury, loss, damage or death:\n    (a) that occurred during the period for which the previous licence was in force; or\n    (b) that occurs during the period specified in the licence.\n\n#### 11 Claims management\n\n  (1) The Commission may only grant a licence to a Commonwealth authority that authorises the licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence authorises only the persons set out in subsection (2) to manage claims on behalf of the licensee.\n  Who may manage claims on behalf of a licensed authority\n  (2) The licence may only authorise the following persons to manage claims on behalf of the licensee:\n    (a) Comcare;\n    (b) a Comcare subsidiary;\n    (c) employees of Comcare or of a Comcare subsidiary;\n    (d) another Commonwealth authority;\n    (e) employees of another Commonwealth authority.\n  (3) This provision does not apply in relation to a licence that is, or will be, granted to the Australian Capital Territory.\n\n#### 11A Notification of request to accept tail liabilities\n\n    (1) This section applies if a Commonwealth authority has requested in writing, a variation of licence that would, if granted, authorise the Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the licence commenced.\n\n    (2) The Commission must not vary the scope of the licence unless it has notified the Minister, in writing, of:\n\n    (a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n    (b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the requested variation of licence.\n\n### Division 3.2—Licences granted to eligible corporations\n\n#### 12 Application\n\n  This Division applies to a licence granted by the Commission to a corporation (other than a corporation that is a Commonwealth authority).\n\n#### 13 Conditions\n\n  (1) The licence may include the following conditions:\n    (a) if requested in writing by the Commission to do so, the licensee must give to the Commission the information relating to the licensee’s operations under the Act that is specified in the request;\n    (b) the licensee must lodge with the Commission, within 120 days after the end of each accounting period (or, if the Commission allows a longer period, within that period), a copy of the accounts required under the law of the place of the licensee’s incorporation for the accounting period;\n    (c) the licensee must include and identify in the accounts mentioned in paragraph (b) provision for meeting the licensee’s accrued and contingent liability as at the end of the accounting period for claims made under the Act in the accounting period.\n  (2) If the licence includes the condition mentioned in paragraph (1)(c), the licence must also include a condition that:\n    (a) the provision mentioned in that paragraph must be consistent with a written evaluation, by an actuary, of the licensee’s accrued and contingent liability for the accounting period; and\n    (b) the evaluation mentioned in paragraph (a) must be lodged with the Commission.\n\n### Division 3.3—General\n\n#### 14 Conditions—claims management\n\n  (1) The Commission may only grant a licence that authorises a licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence contains the conditions in subsection (2).\n  Conditions\n  (2) The licensee or specified person, in managing claims:\n    (a) must be guided by equity, good conscience and the substantial merits of the case, without regard to technicalities; and\n    (b) is not required to conduct a hearing; and\n    (c) is not bound by the rules of evidence.\n\n## Part 4—Criteria and procedures—suspension and revocation of licences\n\n#### 15 Revocation or suspension of licence at the instance of the Commission\n\n  (1) The Commission may, under section 106 of the Act, suspend or revoke a licence held by a Commonwealth authority.\n  (2) The Commission may, under section 106 of the Act, revoke, but may not suspend, a licence held by a licensed corporation.\n  Notice to the licensee\n  (3) If the Commission suspends or revokes a licence under section 106 of the Act, the Commission must give the licensee written notice:\n    (a) stating that the Commission has suspended or revoked the licence under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for notices relating to a suspension—state the period for which the licence is suspended; and\n    (d) setting out the reasons for the suspension or revocation.\n  Notice to be published\n  (4) If the Commission revokes or suspends a licence under section 106 of the Act, the Commission must publish a notice in the Gazette or by notifiable instrument:\n    (a) stating that the licence has been suspended or revoked under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for a notice relating to a suspension—state the period of suspension.\n\n#### 16 Suspected breach of condition\n\n  (1) For subsection 106(2) of the Act, the procedure set out in this section is a procedure preliminary to the suspension or revocation of a licence at the instance of the Commission.\n  (2) If the Commission believes, on reasonable grounds, that a licensee may have breached a condition to which the grant of the licence is subject, the Commission may give a written notice to the licensee:\n    (a) stating that the Commission believes that the licensee may have breached a condition of its licence; and\n    (b) giving details of the matters that the Commission considers may constitute the breach; and\n    (c) stating that if the Commission is satisfied that a breach has occurred, the Commission may:\n    (i) if the licensee is a Commonwealth authority—suspend or revoke the licence; or\n    (ii) if the licensee is a licensed corporation—revoke the licence; and\n    (d) inviting the licensee to make written submissions in relation to the matter to the Commission, within 30 days after receiving the notice.\n    (3) If the licensee makes a submission within the period mentioned in paragraph (2)(d), the Commission must consider the submission.\n\n#### 17 Revocation of licence at the request of licensee\n\n  (1) If the Commission decides to revoke a licence under section 107 of the Act, the Commission must give the licensee a notice in writing, stating:\n    (a) that the Commission has revoked the licence under section 107 of the Act; and\n    (b) the date of effect of the revocation.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 5—Notices\n\n#### 18 Variation of scope of licence or extension of term of licence\n\n  (1) If the Commission varies the scope of a licence or extends the term of a licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the licence or the extension of the term of the licence.\n  (2) If the Commission varies the scope of a preserved licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the preserved licence.\n\n#### 19 Variation of conditions\n\n  If, the Commission varies a condition to which the grant of a licence or preserved licence is subject, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the condition.","sortOrder":10},{"sectionNumber":"Division 3.1","sectionType":"division","heading":"Licences granted to Commonwealth authorities","content":"## Part 1—Preliminary\n\n1 Name\n\n  This instrument is the Safety, Rehabilitation and Compensation Directions 2019.\n\n#### 3 Authority\n\n  This instrument is made under section 89D of the Safety, Rehabilitation and Compensation Act 1988.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the definitions section of the Act, including the following:\n\n    (a) Commission;\n    (b) Commonwealth authority;\n    (c) licence;\n    (d) licensee.\n  In this instrument:\n\n> Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> outstanding tail liability means the indicative value of outstanding claim liabilities arising under the Act in relation to injury, loss, damage, or death suffered by employees of a Commonwealth authority in the period prior to the commencement of a licence during which the Commonwealth authority paid an annual premium under the Act, calculated by Comcare as at the date upon which the Commonwealth authority will, or proposes to, assume such liability.\n\n> preserved licence has the same meaning as in the Regulations.\n\n> Regulations means the Safety, Rehabilitation and Compensation Regulations 2019.\n\n## Part 2—Criteria and procedures—grant of licences\n\n#### 6 Matters to be considered in deciding whether to grant a licence—Commonwealth authorities\n\n  The Commission must not grant a licence to a Commonwealth authority, other than to the Australian Capital Territory, under section 104 of the Act, unless the Commission is satisfied that claims will be managed by employees of:\n    (a) the applicant; or\n    (b) Comcare; or\n    (c) a Comcare subsidiary; or\n    (d) another Commonwealth authority.\n\n#### 6A Notification of proposed authorisation to accept tail liabilities\n\n(1) This section applies if a Commonwealth authority has applied for, or the Commission proposes to grant, a licence that authorises a Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the proposed licence will come into force.\n\n(2) The Commission must not grant a licence unless it has notified the Minister, in writing, of:\n\n(a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n(b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the proposed licence.\n\n#### 7 Matters to be considered in deciding whether to grant a licence—eligible corporations\n\n  The Commission must not grant a licence to an eligible corporation under section 104 of the Act unless the Commission is satisfied, on reasonable grounds, that satisfactory arrangements have been made to ensure that payments that would be required to be made under the Act to, or in respect of, the eligible corporation’s employees will continue to be paid if that corporation is wound up.\n\n#### 7A Matters to be considered in deciding whether to grant a licence – eligible corporations\n\n  In determining an application for a licence under section 104 of the Act, the primary criteria to be considered by the Commission is whether it is satisfied, on reasonable grounds, that:\n  (a) the applicant is a member of a corporate group in which a majority of employees in the corporate group are, at the time of the application, covered by the Act; and\n  (b) the licence would not result in an overall reduction in workers’ compensation entitlements for the employees of the applicant to be covered by the Act.\n\n#### 8 Licence decision\n\n  (1) In the written notice informing the applicant of the Commission’s decision to grant the licence sought in accordance with subsection 104(1) of the Act, the Commission must specify:\n    (a) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee may accept liability for compensation; and\n    (b) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee is authorised to manage claims; and\n    (c) the conditions to which the grant of the licence is subject; and\n    (d) the period for which the licence is granted.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 3—Scope and conditions of licence\n\n### Division 3.1—Licences granted to Commonwealth authorities\n\n#### 9 Application\n\n  This Division applies to a licence granted by the Commission to a Commonwealth authority.\n\n#### 10 Acceptance of liability – prior Class 3 licence or Class A or B licence\n\n  If, immediately before 1 April 2002, the licensee held a Class 3 licence under Part VIIIA of the Act or a Class A or B licence under Part VIIIB of the Act (the previous licence), the Commission may authorise the licensee to accept liability to pay compensation and other amounts under the Act for a particular injury, loss or damage suffered by, or for the death of, some or all of its employees for claims for an injury, loss, damage or death:\n    (a) that occurred during the period for which the previous licence was in force; or\n    (b) that occurs during the period specified in the licence.\n\n#### 11 Claims management\n\n  (1) The Commission may only grant a licence to a Commonwealth authority that authorises the licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence authorises only the persons set out in subsection (2) to manage claims on behalf of the licensee.\n  Who may manage claims on behalf of a licensed authority\n  (2) The licence may only authorise the following persons to manage claims on behalf of the licensee:\n    (a) Comcare;\n    (b) a Comcare subsidiary;\n    (c) employees of Comcare or of a Comcare subsidiary;\n    (d) another Commonwealth authority;\n    (e) employees of another Commonwealth authority.\n  (3) This provision does not apply in relation to a licence that is, or will be, granted to the Australian Capital Territory.\n\n#### 11A Notification of request to accept tail liabilities\n\n    (1) This section applies if a Commonwealth authority has requested in writing, a variation of licence that would, if granted, authorise the Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the licence commenced.\n\n    (2) The Commission must not vary the scope of the licence unless it has notified the Minister, in writing, of:\n\n    (a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n    (b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the requested variation of licence.\n\n### Division 3.2—Licences granted to eligible corporations\n\n#### 12 Application\n\n  This Division applies to a licence granted by the Commission to a corporation (other than a corporation that is a Commonwealth authority).\n\n#### 13 Conditions\n\n  (1) The licence may include the following conditions:\n    (a) if requested in writing by the Commission to do so, the licensee must give to the Commission the information relating to the licensee’s operations under the Act that is specified in the request;\n    (b) the licensee must lodge with the Commission, within 120 days after the end of each accounting period (or, if the Commission allows a longer period, within that period), a copy of the accounts required under the law of the place of the licensee’s incorporation for the accounting period;\n    (c) the licensee must include and identify in the accounts mentioned in paragraph (b) provision for meeting the licensee’s accrued and contingent liability as at the end of the accounting period for claims made under the Act in the accounting period.\n  (2) If the licence includes the condition mentioned in paragraph (1)(c), the licence must also include a condition that:\n    (a) the provision mentioned in that paragraph must be consistent with a written evaluation, by an actuary, of the licensee’s accrued and contingent liability for the accounting period; and\n    (b) the evaluation mentioned in paragraph (a) must be lodged with the Commission.\n\n### Division 3.3—General\n\n#### 14 Conditions—claims management\n\n  (1) The Commission may only grant a licence that authorises a licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence contains the conditions in subsection (2).\n  Conditions\n  (2) The licensee or specified person, in managing claims:\n    (a) must be guided by equity, good conscience and the substantial merits of the case, without regard to technicalities; and\n    (b) is not required to conduct a hearing; and\n    (c) is not bound by the rules of evidence.\n\n## Part 4—Criteria and procedures—suspension and revocation of licences\n\n#### 15 Revocation or suspension of licence at the instance of the Commission\n\n  (1) The Commission may, under section 106 of the Act, suspend or revoke a licence held by a Commonwealth authority.\n  (2) The Commission may, under section 106 of the Act, revoke, but may not suspend, a licence held by a licensed corporation.\n  Notice to the licensee\n  (3) If the Commission suspends or revokes a licence under section 106 of the Act, the Commission must give the licensee written notice:\n    (a) stating that the Commission has suspended or revoked the licence under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for notices relating to a suspension—state the period for which the licence is suspended; and\n    (d) setting out the reasons for the suspension or revocation.\n  Notice to be published\n  (4) If the Commission revokes or suspends a licence under section 106 of the Act, the Commission must publish a notice in the Gazette or by notifiable instrument:\n    (a) stating that the licence has been suspended or revoked under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for a notice relating to a suspension—state the period of suspension.\n\n#### 16 Suspected breach of condition\n\n  (1) For subsection 106(2) of the Act, the procedure set out in this section is a procedure preliminary to the suspension or revocation of a licence at the instance of the Commission.\n  (2) If the Commission believes, on reasonable grounds, that a licensee may have breached a condition to which the grant of the licence is subject, the Commission may give a written notice to the licensee:\n    (a) stating that the Commission believes that the licensee may have breached a condition of its licence; and\n    (b) giving details of the matters that the Commission considers may constitute the breach; and\n    (c) stating that if the Commission is satisfied that a breach has occurred, the Commission may:\n    (i) if the licensee is a Commonwealth authority—suspend or revoke the licence; or\n    (ii) if the licensee is a licensed corporation—revoke the licence; and\n    (d) inviting the licensee to make written submissions in relation to the matter to the Commission, within 30 days after receiving the notice.\n    (3) If the licensee makes a submission within the period mentioned in paragraph (2)(d), the Commission must consider the submission.\n\n#### 17 Revocation of licence at the request of licensee\n\n  (1) If the Commission decides to revoke a licence under section 107 of the Act, the Commission must give the licensee a notice in writing, stating:\n    (a) that the Commission has revoked the licence under section 107 of the Act; and\n    (b) the date of effect of the revocation.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 5—Notices\n\n#### 18 Variation of scope of licence or extension of term of licence\n\n  (1) If the Commission varies the scope of a licence or extends the term of a licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the licence or the extension of the term of the licence.\n  (2) If the Commission varies the scope of a preserved licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the preserved licence.\n\n#### 19 Variation of conditions\n\n  If, the Commission varies a condition to which the grant of a licence or preserved licence is subject, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the condition.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Application","content":"#### 9 Application\n\n  This Division applies to a licence granted by the Commission to a Commonwealth authority.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Acceptance of liability — prior Class 3 licence or Class A or B licence","content":"#### 10 Acceptance of liability – prior Class 3 licence or Class A or B licence\n\n  If, immediately before 1 April 2002, the licensee held a Class 3 licence under Part VIIIA of the Act or a Class A or B licence under Part VIIIB of the Act (the previous licence), the Commission may authorise the licensee to accept liability to pay compensation and other amounts under the Act for a particular injury, loss or damage suffered by, or for the death of, some or all of its employees for claims for an injury, loss, damage or death:\n    (a) that occurred during the period for which the previous licence was in force; or\n    (b) that occurs during the period specified in the licence.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Claims management","content":"#### 11 Claims management\n\n  (1) The Commission may only grant a licence to a Commonwealth authority that authorises the licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence authorises only the persons set out in subsection (2) to manage claims on behalf of the licensee.\n  Who may manage claims on behalf of a licensed authority\n  (2) The licence may only authorise the following persons to manage claims on behalf of the licensee:\n    (a) Comcare;\n    (b) a Comcare subsidiary;\n    (c) employees of Comcare or of a Comcare subsidiary;\n    (d) another Commonwealth authority;\n    (e) employees of another Commonwealth authority.\n  (3) This provision does not apply in relation to a licence that is, or will be, granted to the Australian Capital Territory.","sortOrder":14},{"sectionNumber":"11A","sectionType":"section","heading":"Notification of request to accept tail liabilities","content":"#### 11A Notification of request to accept tail liabilities\n\n    (1) This section applies if a Commonwealth authority has requested in writing, a variation of licence that would, if granted, authorise the Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the licence commenced.\n\n    (2) The Commission must not vary the scope of the licence unless it has notified the Minister, in writing, of:\n\n    (a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n    (b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the requested variation of licence.","sortOrder":15},{"sectionNumber":"Division 3.2","sectionType":"division","heading":"Licences granted to eligible corporations","content":"## Part 1—Preliminary\n\n1 Name\n\n  This instrument is the Safety, Rehabilitation and Compensation Directions 2019.\n\n#### 3 Authority\n\n  This instrument is made under section 89D of the Safety, Rehabilitation and Compensation Act 1988.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the definitions section of the Act, including the following:\n\n    (a) Commission;\n    (b) Commonwealth authority;\n    (c) licence;\n    (d) licensee.\n  In this instrument:\n\n> Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> outstanding tail liability means the indicative value of outstanding claim liabilities arising under the Act in relation to injury, loss, damage, or death suffered by employees of a Commonwealth authority in the period prior to the commencement of a licence during which the Commonwealth authority paid an annual premium under the Act, calculated by Comcare as at the date upon which the Commonwealth authority will, or proposes to, assume such liability.\n\n> preserved licence has the same meaning as in the Regulations.\n\n> Regulations means the Safety, Rehabilitation and Compensation Regulations 2019.\n\n## Part 2—Criteria and procedures—grant of licences\n\n#### 6 Matters to be considered in deciding whether to grant a licence—Commonwealth authorities\n\n  The Commission must not grant a licence to a Commonwealth authority, other than to the Australian Capital Territory, under section 104 of the Act, unless the Commission is satisfied that claims will be managed by employees of:\n    (a) the applicant; or\n    (b) Comcare; or\n    (c) a Comcare subsidiary; or\n    (d) another Commonwealth authority.\n\n#### 6A Notification of proposed authorisation to accept tail liabilities\n\n(1) This section applies if a Commonwealth authority has applied for, or the Commission proposes to grant, a licence that authorises a Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the proposed licence will come into force.\n\n(2) The Commission must not grant a licence unless it has notified the Minister, in writing, of:\n\n(a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n(b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the proposed licence.\n\n#### 7 Matters to be considered in deciding whether to grant a licence—eligible corporations\n\n  The Commission must not grant a licence to an eligible corporation under section 104 of the Act unless the Commission is satisfied, on reasonable grounds, that satisfactory arrangements have been made to ensure that payments that would be required to be made under the Act to, or in respect of, the eligible corporation’s employees will continue to be paid if that corporation is wound up.\n\n#### 7A Matters to be considered in deciding whether to grant a licence – eligible corporations\n\n  In determining an application for a licence under section 104 of the Act, the primary criteria to be considered by the Commission is whether it is satisfied, on reasonable grounds, that:\n  (a) the applicant is a member of a corporate group in which a majority of employees in the corporate group are, at the time of the application, covered by the Act; and\n  (b) the licence would not result in an overall reduction in workers’ compensation entitlements for the employees of the applicant to be covered by the Act.\n\n#### 8 Licence decision\n\n  (1) In the written notice informing the applicant of the Commission’s decision to grant the licence sought in accordance with subsection 104(1) of the Act, the Commission must specify:\n    (a) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee may accept liability for compensation; and\n    (b) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee is authorised to manage claims; and\n    (c) the conditions to which the grant of the licence is subject; and\n    (d) the period for which the licence is granted.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 3—Scope and conditions of licence\n\n### Division 3.1—Licences granted to Commonwealth authorities\n\n#### 9 Application\n\n  This Division applies to a licence granted by the Commission to a Commonwealth authority.\n\n#### 10 Acceptance of liability – prior Class 3 licence or Class A or B licence\n\n  If, immediately before 1 April 2002, the licensee held a Class 3 licence under Part VIIIA of the Act or a Class A or B licence under Part VIIIB of the Act (the previous licence), the Commission may authorise the licensee to accept liability to pay compensation and other amounts under the Act for a particular injury, loss or damage suffered by, or for the death of, some or all of its employees for claims for an injury, loss, damage or death:\n    (a) that occurred during the period for which the previous licence was in force; or\n    (b) that occurs during the period specified in the licence.\n\n#### 11 Claims management\n\n  (1) The Commission may only grant a licence to a Commonwealth authority that authorises the licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence authorises only the persons set out in subsection (2) to manage claims on behalf of the licensee.\n  Who may manage claims on behalf of a licensed authority\n  (2) The licence may only authorise the following persons to manage claims on behalf of the licensee:\n    (a) Comcare;\n    (b) a Comcare subsidiary;\n    (c) employees of Comcare or of a Comcare subsidiary;\n    (d) another Commonwealth authority;\n    (e) employees of another Commonwealth authority.\n  (3) This provision does not apply in relation to a licence that is, or will be, granted to the Australian Capital Territory.\n\n#### 11A Notification of request to accept tail liabilities\n\n    (1) This section applies if a Commonwealth authority has requested in writing, a variation of licence that would, if granted, authorise the Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the licence commenced.\n\n    (2) The Commission must not vary the scope of the licence unless it has notified the Minister, in writing, of:\n\n    (a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n    (b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the requested variation of licence.\n\n### Division 3.2—Licences granted to eligible corporations\n\n#### 12 Application\n\n  This Division applies to a licence granted by the Commission to a corporation (other than a corporation that is a Commonwealth authority).\n\n#### 13 Conditions\n\n  (1) The licence may include the following conditions:\n    (a) if requested in writing by the Commission to do so, the licensee must give to the Commission the information relating to the licensee’s operations under the Act that is specified in the request;\n    (b) the licensee must lodge with the Commission, within 120 days after the end of each accounting period (or, if the Commission allows a longer period, within that period), a copy of the accounts required under the law of the place of the licensee’s incorporation for the accounting period;\n    (c) the licensee must include and identify in the accounts mentioned in paragraph (b) provision for meeting the licensee’s accrued and contingent liability as at the end of the accounting period for claims made under the Act in the accounting period.\n  (2) If the licence includes the condition mentioned in paragraph (1)(c), the licence must also include a condition that:\n    (a) the provision mentioned in that paragraph must be consistent with a written evaluation, by an actuary, of the licensee’s accrued and contingent liability for the accounting period; and\n    (b) the evaluation mentioned in paragraph (a) must be lodged with the Commission.\n\n### Division 3.3—General\n\n#### 14 Conditions—claims management\n\n  (1) The Commission may only grant a licence that authorises a licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence contains the conditions in subsection (2).\n  Conditions\n  (2) The licensee or specified person, in managing claims:\n    (a) must be guided by equity, good conscience and the substantial merits of the case, without regard to technicalities; and\n    (b) is not required to conduct a hearing; and\n    (c) is not bound by the rules of evidence.\n\n## Part 4—Criteria and procedures—suspension and revocation of licences\n\n#### 15 Revocation or suspension of licence at the instance of the Commission\n\n  (1) The Commission may, under section 106 of the Act, suspend or revoke a licence held by a Commonwealth authority.\n  (2) The Commission may, under section 106 of the Act, revoke, but may not suspend, a licence held by a licensed corporation.\n  Notice to the licensee\n  (3) If the Commission suspends or revokes a licence under section 106 of the Act, the Commission must give the licensee written notice:\n    (a) stating that the Commission has suspended or revoked the licence under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for notices relating to a suspension—state the period for which the licence is suspended; and\n    (d) setting out the reasons for the suspension or revocation.\n  Notice to be published\n  (4) If the Commission revokes or suspends a licence under section 106 of the Act, the Commission must publish a notice in the Gazette or by notifiable instrument:\n    (a) stating that the licence has been suspended or revoked under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for a notice relating to a suspension—state the period of suspension.\n\n#### 16 Suspected breach of condition\n\n  (1) For subsection 106(2) of the Act, the procedure set out in this section is a procedure preliminary to the suspension or revocation of a licence at the instance of the Commission.\n  (2) If the Commission believes, on reasonable grounds, that a licensee may have breached a condition to which the grant of the licence is subject, the Commission may give a written notice to the licensee:\n    (a) stating that the Commission believes that the licensee may have breached a condition of its licence; and\n    (b) giving details of the matters that the Commission considers may constitute the breach; and\n    (c) stating that if the Commission is satisfied that a breach has occurred, the Commission may:\n    (i) if the licensee is a Commonwealth authority—suspend or revoke the licence; or\n    (ii) if the licensee is a licensed corporation—revoke the licence; and\n    (d) inviting the licensee to make written submissions in relation to the matter to the Commission, within 30 days after receiving the notice.\n    (3) If the licensee makes a submission within the period mentioned in paragraph (2)(d), the Commission must consider the submission.\n\n#### 17 Revocation of licence at the request of licensee\n\n  (1) If the Commission decides to revoke a licence under section 107 of the Act, the Commission must give the licensee a notice in writing, stating:\n    (a) that the Commission has revoked the licence under section 107 of the Act; and\n    (b) the date of effect of the revocation.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 5—Notices\n\n#### 18 Variation of scope of licence or extension of term of licence\n\n  (1) If the Commission varies the scope of a licence or extends the term of a licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the licence or the extension of the term of the licence.\n  (2) If the Commission varies the scope of a preserved licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the preserved licence.\n\n#### 19 Variation of conditions\n\n  If, the Commission varies a condition to which the grant of a licence or preserved licence is subject, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the condition.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Application","content":"#### 12 Application\n\n  This Division applies to a licence granted by the Commission to a corporation (other than a corporation that is a Commonwealth authority).","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Conditions","content":"#### 13 Conditions\n\n  (1) The licence may include the following conditions:\n    (a) if requested in writing by the Commission to do so, the licensee must give to the Commission the information relating to the licensee’s operations under the Act that is specified in the request;\n    (b) the licensee must lodge with the Commission, within 120 days after the end of each accounting period (or, if the Commission allows a longer period, within that period), a copy of the accounts required under the law of the place of the licensee’s incorporation for the accounting period;\n    (c) the licensee must include and identify in the accounts mentioned in paragraph (b) provision for meeting the licensee’s accrued and contingent liability as at the end of the accounting period for claims made under the Act in the accounting period.\n  (2) If the licence includes the condition mentioned in paragraph (1)(c), the licence must also include a condition that:\n    (a) the provision mentioned in that paragraph must be consistent with a written evaluation, by an actuary, of the licensee’s accrued and contingent liability for the accounting period; and\n    (b) the evaluation mentioned in paragraph (a) must be lodged with the Commission.","sortOrder":18},{"sectionNumber":"Division 3.3","sectionType":"division","heading":"General","content":"## Part 1—Preliminary\n\n1 Name\n\n  This instrument is the Safety, Rehabilitation and Compensation Directions 2019.\n\n#### 3 Authority\n\n  This instrument is made under section 89D of the Safety, Rehabilitation and Compensation Act 1988.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the definitions section of the Act, including the following:\n\n    (a) Commission;\n    (b) Commonwealth authority;\n    (c) licence;\n    (d) licensee.\n  In this instrument:\n\n> Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> outstanding tail liability means the indicative value of outstanding claim liabilities arising under the Act in relation to injury, loss, damage, or death suffered by employees of a Commonwealth authority in the period prior to the commencement of a licence during which the Commonwealth authority paid an annual premium under the Act, calculated by Comcare as at the date upon which the Commonwealth authority will, or proposes to, assume such liability.\n\n> preserved licence has the same meaning as in the Regulations.\n\n> Regulations means the Safety, Rehabilitation and Compensation Regulations 2019.\n\n## Part 2—Criteria and procedures—grant of licences\n\n#### 6 Matters to be considered in deciding whether to grant a licence—Commonwealth authorities\n\n  The Commission must not grant a licence to a Commonwealth authority, other than to the Australian Capital Territory, under section 104 of the Act, unless the Commission is satisfied that claims will be managed by employees of:\n    (a) the applicant; or\n    (b) Comcare; or\n    (c) a Comcare subsidiary; or\n    (d) another Commonwealth authority.\n\n#### 6A Notification of proposed authorisation to accept tail liabilities\n\n(1) This section applies if a Commonwealth authority has applied for, or the Commission proposes to grant, a licence that authorises a Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the proposed licence will come into force.\n\n(2) The Commission must not grant a licence unless it has notified the Minister, in writing, of:\n\n(a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n(b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the proposed licence.\n\n#### 7 Matters to be considered in deciding whether to grant a licence—eligible corporations\n\n  The Commission must not grant a licence to an eligible corporation under section 104 of the Act unless the Commission is satisfied, on reasonable grounds, that satisfactory arrangements have been made to ensure that payments that would be required to be made under the Act to, or in respect of, the eligible corporation’s employees will continue to be paid if that corporation is wound up.\n\n#### 7A Matters to be considered in deciding whether to grant a licence – eligible corporations\n\n  In determining an application for a licence under section 104 of the Act, the primary criteria to be considered by the Commission is whether it is satisfied, on reasonable grounds, that:\n  (a) the applicant is a member of a corporate group in which a majority of employees in the corporate group are, at the time of the application, covered by the Act; and\n  (b) the licence would not result in an overall reduction in workers’ compensation entitlements for the employees of the applicant to be covered by the Act.\n\n#### 8 Licence decision\n\n  (1) In the written notice informing the applicant of the Commission’s decision to grant the licence sought in accordance with subsection 104(1) of the Act, the Commission must specify:\n    (a) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee may accept liability for compensation; and\n    (b) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee is authorised to manage claims; and\n    (c) the conditions to which the grant of the licence is subject; and\n    (d) the period for which the licence is granted.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 3—Scope and conditions of licence\n\n### Division 3.1—Licences granted to Commonwealth authorities\n\n#### 9 Application\n\n  This Division applies to a licence granted by the Commission to a Commonwealth authority.\n\n#### 10 Acceptance of liability – prior Class 3 licence or Class A or B licence\n\n  If, immediately before 1 April 2002, the licensee held a Class 3 licence under Part VIIIA of the Act or a Class A or B licence under Part VIIIB of the Act (the previous licence), the Commission may authorise the licensee to accept liability to pay compensation and other amounts under the Act for a particular injury, loss or damage suffered by, or for the death of, some or all of its employees for claims for an injury, loss, damage or death:\n    (a) that occurred during the period for which the previous licence was in force; or\n    (b) that occurs during the period specified in the licence.\n\n#### 11 Claims management\n\n  (1) The Commission may only grant a licence to a Commonwealth authority that authorises the licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence authorises only the persons set out in subsection (2) to manage claims on behalf of the licensee.\n  Who may manage claims on behalf of a licensed authority\n  (2) The licence may only authorise the following persons to manage claims on behalf of the licensee:\n    (a) Comcare;\n    (b) a Comcare subsidiary;\n    (c) employees of Comcare or of a Comcare subsidiary;\n    (d) another Commonwealth authority;\n    (e) employees of another Commonwealth authority.\n  (3) This provision does not apply in relation to a licence that is, or will be, granted to the Australian Capital Territory.\n\n#### 11A Notification of request to accept tail liabilities\n\n    (1) This section applies if a Commonwealth authority has requested in writing, a variation of licence that would, if granted, authorise the Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the licence commenced.\n\n    (2) The Commission must not vary the scope of the licence unless it has notified the Minister, in writing, of:\n\n    (a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n    (b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the requested variation of licence.\n\n### Division 3.2—Licences granted to eligible corporations\n\n#### 12 Application\n\n  This Division applies to a licence granted by the Commission to a corporation (other than a corporation that is a Commonwealth authority).\n\n#### 13 Conditions\n\n  (1) The licence may include the following conditions:\n    (a) if requested in writing by the Commission to do so, the licensee must give to the Commission the information relating to the licensee’s operations under the Act that is specified in the request;\n    (b) the licensee must lodge with the Commission, within 120 days after the end of each accounting period (or, if the Commission allows a longer period, within that period), a copy of the accounts required under the law of the place of the licensee’s incorporation for the accounting period;\n    (c) the licensee must include and identify in the accounts mentioned in paragraph (b) provision for meeting the licensee’s accrued and contingent liability as at the end of the accounting period for claims made under the Act in the accounting period.\n  (2) If the licence includes the condition mentioned in paragraph (1)(c), the licence must also include a condition that:\n    (a) the provision mentioned in that paragraph must be consistent with a written evaluation, by an actuary, of the licensee’s accrued and contingent liability for the accounting period; and\n    (b) the evaluation mentioned in paragraph (a) must be lodged with the Commission.\n\n### Division 3.3—General\n\n#### 14 Conditions—claims management\n\n  (1) The Commission may only grant a licence that authorises a licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence contains the conditions in subsection (2).\n  Conditions\n  (2) The licensee or specified person, in managing claims:\n    (a) must be guided by equity, good conscience and the substantial merits of the case, without regard to technicalities; and\n    (b) is not required to conduct a hearing; and\n    (c) is not bound by the rules of evidence.\n\n## Part 4—Criteria and procedures—suspension and revocation of licences\n\n#### 15 Revocation or suspension of licence at the instance of the Commission\n\n  (1) The Commission may, under section 106 of the Act, suspend or revoke a licence held by a Commonwealth authority.\n  (2) The Commission may, under section 106 of the Act, revoke, but may not suspend, a licence held by a licensed corporation.\n  Notice to the licensee\n  (3) If the Commission suspends or revokes a licence under section 106 of the Act, the Commission must give the licensee written notice:\n    (a) stating that the Commission has suspended or revoked the licence under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for notices relating to a suspension—state the period for which the licence is suspended; and\n    (d) setting out the reasons for the suspension or revocation.\n  Notice to be published\n  (4) If the Commission revokes or suspends a licence under section 106 of the Act, the Commission must publish a notice in the Gazette or by notifiable instrument:\n    (a) stating that the licence has been suspended or revoked under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for a notice relating to a suspension—state the period of suspension.\n\n#### 16 Suspected breach of condition\n\n  (1) For subsection 106(2) of the Act, the procedure set out in this section is a procedure preliminary to the suspension or revocation of a licence at the instance of the Commission.\n  (2) If the Commission believes, on reasonable grounds, that a licensee may have breached a condition to which the grant of the licence is subject, the Commission may give a written notice to the licensee:\n    (a) stating that the Commission believes that the licensee may have breached a condition of its licence; and\n    (b) giving details of the matters that the Commission considers may constitute the breach; and\n    (c) stating that if the Commission is satisfied that a breach has occurred, the Commission may:\n    (i) if the licensee is a Commonwealth authority—suspend or revoke the licence; or\n    (ii) if the licensee is a licensed corporation—revoke the licence; and\n    (d) inviting the licensee to make written submissions in relation to the matter to the Commission, within 30 days after receiving the notice.\n    (3) If the licensee makes a submission within the period mentioned in paragraph (2)(d), the Commission must consider the submission.\n\n#### 17 Revocation of licence at the request of licensee\n\n  (1) If the Commission decides to revoke a licence under section 107 of the Act, the Commission must give the licensee a notice in writing, stating:\n    (a) that the Commission has revoked the licence under section 107 of the Act; and\n    (b) the date of effect of the revocation.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 5—Notices\n\n#### 18 Variation of scope of licence or extension of term of licence\n\n  (1) If the Commission varies the scope of a licence or extends the term of a licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the licence or the extension of the term of the licence.\n  (2) If the Commission varies the scope of a preserved licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the preserved licence.\n\n#### 19 Variation of conditions\n\n  If, the Commission varies a condition to which the grant of a licence or preserved licence is subject, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the condition.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Conditions—claims management","content":"#### 14 Conditions—claims management\n\n  (1) The Commission may only grant a licence that authorises a licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence contains the conditions in subsection (2).\n  Conditions\n  (2) The licensee or specified person, in managing claims:\n    (a) must be guided by equity, good conscience and the substantial merits of the case, without regard to technicalities; and\n    (b) is not required to conduct a hearing; and\n    (c) is not bound by the rules of evidence.","sortOrder":20},{"sectionNumber":"Part 4","sectionType":"part","heading":"Criteria and procedures—suspension and revocation of licences","content":"## Part 1—Preliminary\n\n1 Name\n\n  This instrument is the Safety, Rehabilitation and Compensation Directions 2019.\n\n#### 3 Authority\n\n  This instrument is made under section 89D of the Safety, Rehabilitation and Compensation Act 1988.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the definitions section of the Act, including the following:\n\n    (a) Commission;\n    (b) Commonwealth authority;\n    (c) licence;\n    (d) licensee.\n  In this instrument:\n\n> Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> outstanding tail liability means the indicative value of outstanding claim liabilities arising under the Act in relation to injury, loss, damage, or death suffered by employees of a Commonwealth authority in the period prior to the commencement of a licence during which the Commonwealth authority paid an annual premium under the Act, calculated by Comcare as at the date upon which the Commonwealth authority will, or proposes to, assume such liability.\n\n> preserved licence has the same meaning as in the Regulations.\n\n> Regulations means the Safety, Rehabilitation and Compensation Regulations 2019.\n\n## Part 2—Criteria and procedures—grant of licences\n\n#### 6 Matters to be considered in deciding whether to grant a licence—Commonwealth authorities\n\n  The Commission must not grant a licence to a Commonwealth authority, other than to the Australian Capital Territory, under section 104 of the Act, unless the Commission is satisfied that claims will be managed by employees of:\n    (a) the applicant; or\n    (b) Comcare; or\n    (c) a Comcare subsidiary; or\n    (d) another Commonwealth authority.\n\n#### 6A Notification of proposed authorisation to accept tail liabilities\n\n(1) This section applies if a Commonwealth authority has applied for, or the Commission proposes to grant, a licence that authorises a Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the proposed licence will come into force.\n\n(2) The Commission must not grant a licence unless it has notified the Minister, in writing, of:\n\n(a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n(b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the proposed licence.\n\n#### 7 Matters to be considered in deciding whether to grant a licence—eligible corporations\n\n  The Commission must not grant a licence to an eligible corporation under section 104 of the Act unless the Commission is satisfied, on reasonable grounds, that satisfactory arrangements have been made to ensure that payments that would be required to be made under the Act to, or in respect of, the eligible corporation’s employees will continue to be paid if that corporation is wound up.\n\n#### 7A Matters to be considered in deciding whether to grant a licence – eligible corporations\n\n  In determining an application for a licence under section 104 of the Act, the primary criteria to be considered by the Commission is whether it is satisfied, on reasonable grounds, that:\n  (a) the applicant is a member of a corporate group in which a majority of employees in the corporate group are, at the time of the application, covered by the Act; and\n  (b) the licence would not result in an overall reduction in workers’ compensation entitlements for the employees of the applicant to be covered by the Act.\n\n#### 8 Licence decision\n\n  (1) In the written notice informing the applicant of the Commission’s decision to grant the licence sought in accordance with subsection 104(1) of the Act, the Commission must specify:\n    (a) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee may accept liability for compensation; and\n    (b) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee is authorised to manage claims; and\n    (c) the conditions to which the grant of the licence is subject; and\n    (d) the period for which the licence is granted.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 3—Scope and conditions of licence\n\n### Division 3.1—Licences granted to Commonwealth authorities\n\n#### 9 Application\n\n  This Division applies to a licence granted by the Commission to a Commonwealth authority.\n\n#### 10 Acceptance of liability – prior Class 3 licence or Class A or B licence\n\n  If, immediately before 1 April 2002, the licensee held a Class 3 licence under Part VIIIA of the Act or a Class A or B licence under Part VIIIB of the Act (the previous licence), the Commission may authorise the licensee to accept liability to pay compensation and other amounts under the Act for a particular injury, loss or damage suffered by, or for the death of, some or all of its employees for claims for an injury, loss, damage or death:\n    (a) that occurred during the period for which the previous licence was in force; or\n    (b) that occurs during the period specified in the licence.\n\n#### 11 Claims management\n\n  (1) The Commission may only grant a licence to a Commonwealth authority that authorises the licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence authorises only the persons set out in subsection (2) to manage claims on behalf of the licensee.\n  Who may manage claims on behalf of a licensed authority\n  (2) The licence may only authorise the following persons to manage claims on behalf of the licensee:\n    (a) Comcare;\n    (b) a Comcare subsidiary;\n    (c) employees of Comcare or of a Comcare subsidiary;\n    (d) another Commonwealth authority;\n    (e) employees of another Commonwealth authority.\n  (3) This provision does not apply in relation to a licence that is, or will be, granted to the Australian Capital Territory.\n\n#### 11A Notification of request to accept tail liabilities\n\n    (1) This section applies if a Commonwealth authority has requested in writing, a variation of licence that would, if granted, authorise the Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the licence commenced.\n\n    (2) The Commission must not vary the scope of the licence unless it has notified the Minister, in writing, of:\n\n    (a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n    (b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the requested variation of licence.\n\n### Division 3.2—Licences granted to eligible corporations\n\n#### 12 Application\n\n  This Division applies to a licence granted by the Commission to a corporation (other than a corporation that is a Commonwealth authority).\n\n#### 13 Conditions\n\n  (1) The licence may include the following conditions:\n    (a) if requested in writing by the Commission to do so, the licensee must give to the Commission the information relating to the licensee’s operations under the Act that is specified in the request;\n    (b) the licensee must lodge with the Commission, within 120 days after the end of each accounting period (or, if the Commission allows a longer period, within that period), a copy of the accounts required under the law of the place of the licensee’s incorporation for the accounting period;\n    (c) the licensee must include and identify in the accounts mentioned in paragraph (b) provision for meeting the licensee’s accrued and contingent liability as at the end of the accounting period for claims made under the Act in the accounting period.\n  (2) If the licence includes the condition mentioned in paragraph (1)(c), the licence must also include a condition that:\n    (a) the provision mentioned in that paragraph must be consistent with a written evaluation, by an actuary, of the licensee’s accrued and contingent liability for the accounting period; and\n    (b) the evaluation mentioned in paragraph (a) must be lodged with the Commission.\n\n### Division 3.3—General\n\n#### 14 Conditions—claims management\n\n  (1) The Commission may only grant a licence that authorises a licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence contains the conditions in subsection (2).\n  Conditions\n  (2) The licensee or specified person, in managing claims:\n    (a) must be guided by equity, good conscience and the substantial merits of the case, without regard to technicalities; and\n    (b) is not required to conduct a hearing; and\n    (c) is not bound by the rules of evidence.\n\n## Part 4—Criteria and procedures—suspension and revocation of licences\n\n#### 15 Revocation or suspension of licence at the instance of the Commission\n\n  (1) The Commission may, under section 106 of the Act, suspend or revoke a licence held by a Commonwealth authority.\n  (2) The Commission may, under section 106 of the Act, revoke, but may not suspend, a licence held by a licensed corporation.\n  Notice to the licensee\n  (3) If the Commission suspends or revokes a licence under section 106 of the Act, the Commission must give the licensee written notice:\n    (a) stating that the Commission has suspended or revoked the licence under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for notices relating to a suspension—state the period for which the licence is suspended; and\n    (d) setting out the reasons for the suspension or revocation.\n  Notice to be published\n  (4) If the Commission revokes or suspends a licence under section 106 of the Act, the Commission must publish a notice in the Gazette or by notifiable instrument:\n    (a) stating that the licence has been suspended or revoked under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for a notice relating to a suspension—state the period of suspension.\n\n#### 16 Suspected breach of condition\n\n  (1) For subsection 106(2) of the Act, the procedure set out in this section is a procedure preliminary to the suspension or revocation of a licence at the instance of the Commission.\n  (2) If the Commission believes, on reasonable grounds, that a licensee may have breached a condition to which the grant of the licence is subject, the Commission may give a written notice to the licensee:\n    (a) stating that the Commission believes that the licensee may have breached a condition of its licence; and\n    (b) giving details of the matters that the Commission considers may constitute the breach; and\n    (c) stating that if the Commission is satisfied that a breach has occurred, the Commission may:\n    (i) if the licensee is a Commonwealth authority—suspend or revoke the licence; or\n    (ii) if the licensee is a licensed corporation—revoke the licence; and\n    (d) inviting the licensee to make written submissions in relation to the matter to the Commission, within 30 days after receiving the notice.\n    (3) If the licensee makes a submission within the period mentioned in paragraph (2)(d), the Commission must consider the submission.\n\n#### 17 Revocation of licence at the request of licensee\n\n  (1) If the Commission decides to revoke a licence under section 107 of the Act, the Commission must give the licensee a notice in writing, stating:\n    (a) that the Commission has revoked the licence under section 107 of the Act; and\n    (b) the date of effect of the revocation.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 5—Notices\n\n#### 18 Variation of scope of licence or extension of term of licence\n\n  (1) If the Commission varies the scope of a licence or extends the term of a licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the licence or the extension of the term of the licence.\n  (2) If the Commission varies the scope of a preserved licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the preserved licence.\n\n#### 19 Variation of conditions\n\n  If, the Commission varies a condition to which the grant of a licence or preserved licence is subject, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the condition.","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Revocation or suspension of licence at the instance of the Commission","content":"#### 15 Revocation or suspension of licence at the instance of the Commission\n\n  (1) The Commission may, under section 106 of the Act, suspend or revoke a licence held by a Commonwealth authority.\n  (2) The Commission may, under section 106 of the Act, revoke, but may not suspend, a licence held by a licensed corporation.\n  Notice to the licensee\n  (3) If the Commission suspends or revokes a licence under section 106 of the Act, the Commission must give the licensee written notice:\n    (a) stating that the Commission has suspended or revoked the licence under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for notices relating to a suspension—state the period for which the licence is suspended; and\n    (d) setting out the reasons for the suspension or revocation.\n  Notice to be published\n  (4) If the Commission revokes or suspends a licence under section 106 of the Act, the Commission must publish a notice in the Gazette or by notifiable instrument:\n    (a) stating that the licence has been suspended or revoked under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for a notice relating to a suspension—state the period of suspension.","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Suspected breach of condition","content":"#### 16 Suspected breach of condition\n\n  (1) For subsection 106(2) of the Act, the procedure set out in this section is a procedure preliminary to the suspension or revocation of a licence at the instance of the Commission.\n  (2) If the Commission believes, on reasonable grounds, that a licensee may have breached a condition to which the grant of the licence is subject, the Commission may give a written notice to the licensee:\n    (a) stating that the Commission believes that the licensee may have breached a condition of its licence; and\n    (b) giving details of the matters that the Commission considers may constitute the breach; and\n    (c) stating that if the Commission is satisfied that a breach has occurred, the Commission may:\n    (i) if the licensee is a Commonwealth authority—suspend or revoke the licence; or\n    (ii) if the licensee is a licensed corporation—revoke the licence; and\n    (d) inviting the licensee to make written submissions in relation to the matter to the Commission, within 30 days after receiving the notice.\n    (3) If the licensee makes a submission within the period mentioned in paragraph (2)(d), the Commission must consider the submission.","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Revocation of licence at the request of licensee","content":"#### 17 Revocation of licence at the request of licensee\n\n  (1) If the Commission decides to revoke a licence under section 107 of the Act, the Commission must give the licensee a notice in writing, stating:\n    (a) that the Commission has revoked the licence under section 107 of the Act; and\n    (b) the date of effect of the revocation.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.","sortOrder":24},{"sectionNumber":"Part 5","sectionType":"part","heading":"Notices","content":"## Part 1—Preliminary\n\n1 Name\n\n  This instrument is the Safety, Rehabilitation and Compensation Directions 2019.\n\n#### 3 Authority\n\n  This instrument is made under section 89D of the Safety, Rehabilitation and Compensation Act 1988.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the definitions section of the Act, including the following:\n\n    (a) Commission;\n    (b) Commonwealth authority;\n    (c) licence;\n    (d) licensee.\n  In this instrument:\n\n> Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> outstanding tail liability means the indicative value of outstanding claim liabilities arising under the Act in relation to injury, loss, damage, or death suffered by employees of a Commonwealth authority in the period prior to the commencement of a licence during which the Commonwealth authority paid an annual premium under the Act, calculated by Comcare as at the date upon which the Commonwealth authority will, or proposes to, assume such liability.\n\n> preserved licence has the same meaning as in the Regulations.\n\n> Regulations means the Safety, Rehabilitation and Compensation Regulations 2019.\n\n## Part 2—Criteria and procedures—grant of licences\n\n#### 6 Matters to be considered in deciding whether to grant a licence—Commonwealth authorities\n\n  The Commission must not grant a licence to a Commonwealth authority, other than to the Australian Capital Territory, under section 104 of the Act, unless the Commission is satisfied that claims will be managed by employees of:\n    (a) the applicant; or\n    (b) Comcare; or\n    (c) a Comcare subsidiary; or\n    (d) another Commonwealth authority.\n\n#### 6A Notification of proposed authorisation to accept tail liabilities\n\n(1) This section applies if a Commonwealth authority has applied for, or the Commission proposes to grant, a licence that authorises a Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the proposed licence will come into force.\n\n(2) The Commission must not grant a licence unless it has notified the Minister, in writing, of:\n\n(a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n(b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the proposed licence.\n\n#### 7 Matters to be considered in deciding whether to grant a licence—eligible corporations\n\n  The Commission must not grant a licence to an eligible corporation under section 104 of the Act unless the Commission is satisfied, on reasonable grounds, that satisfactory arrangements have been made to ensure that payments that would be required to be made under the Act to, or in respect of, the eligible corporation’s employees will continue to be paid if that corporation is wound up.\n\n#### 7A Matters to be considered in deciding whether to grant a licence – eligible corporations\n\n  In determining an application for a licence under section 104 of the Act, the primary criteria to be considered by the Commission is whether it is satisfied, on reasonable grounds, that:\n  (a) the applicant is a member of a corporate group in which a majority of employees in the corporate group are, at the time of the application, covered by the Act; and\n  (b) the licence would not result in an overall reduction in workers’ compensation entitlements for the employees of the applicant to be covered by the Act.\n\n#### 8 Licence decision\n\n  (1) In the written notice informing the applicant of the Commission’s decision to grant the licence sought in accordance with subsection 104(1) of the Act, the Commission must specify:\n    (a) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee may accept liability for compensation; and\n    (b) the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee is authorised to manage claims; and\n    (c) the conditions to which the grant of the licence is subject; and\n    (d) the period for which the licence is granted.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 3—Scope and conditions of licence\n\n### Division 3.1—Licences granted to Commonwealth authorities\n\n#### 9 Application\n\n  This Division applies to a licence granted by the Commission to a Commonwealth authority.\n\n#### 10 Acceptance of liability – prior Class 3 licence or Class A or B licence\n\n  If, immediately before 1 April 2002, the licensee held a Class 3 licence under Part VIIIA of the Act or a Class A or B licence under Part VIIIB of the Act (the previous licence), the Commission may authorise the licensee to accept liability to pay compensation and other amounts under the Act for a particular injury, loss or damage suffered by, or for the death of, some or all of its employees for claims for an injury, loss, damage or death:\n    (a) that occurred during the period for which the previous licence was in force; or\n    (b) that occurs during the period specified in the licence.\n\n#### 11 Claims management\n\n  (1) The Commission may only grant a licence to a Commonwealth authority that authorises the licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence authorises only the persons set out in subsection (2) to manage claims on behalf of the licensee.\n  Who may manage claims on behalf of a licensed authority\n  (2) The licence may only authorise the following persons to manage claims on behalf of the licensee:\n    (a) Comcare;\n    (b) a Comcare subsidiary;\n    (c) employees of Comcare or of a Comcare subsidiary;\n    (d) another Commonwealth authority;\n    (e) employees of another Commonwealth authority.\n  (3) This provision does not apply in relation to a licence that is, or will be, granted to the Australian Capital Territory.\n\n#### 11A Notification of request to accept tail liabilities\n\n    (1) This section applies if a Commonwealth authority has requested in writing, a variation of licence that would, if granted, authorise the Commonwealth authority to accept any liability arising under the Act in relation to injury, loss, damage or death that has occurred at a time before the licence commenced.\n\n    (2) The Commission must not vary the scope of the licence unless it has notified the Minister, in writing, of:\n\n    (a) the extent to which the Commonwealth authority would be authorised to accept liability under the Act in relation to injury, loss, damage or death that has occurred prior to the commencement of the licence; and\n\n    (b) the estimated amount of outstanding tail liability that would be assumed by the Commonwealth authority\n\nunder the requested variation of licence.\n\n### Division 3.2—Licences granted to eligible corporations\n\n#### 12 Application\n\n  This Division applies to a licence granted by the Commission to a corporation (other than a corporation that is a Commonwealth authority).\n\n#### 13 Conditions\n\n  (1) The licence may include the following conditions:\n    (a) if requested in writing by the Commission to do so, the licensee must give to the Commission the information relating to the licensee’s operations under the Act that is specified in the request;\n    (b) the licensee must lodge with the Commission, within 120 days after the end of each accounting period (or, if the Commission allows a longer period, within that period), a copy of the accounts required under the law of the place of the licensee’s incorporation for the accounting period;\n    (c) the licensee must include and identify in the accounts mentioned in paragraph (b) provision for meeting the licensee’s accrued and contingent liability as at the end of the accounting period for claims made under the Act in the accounting period.\n  (2) If the licence includes the condition mentioned in paragraph (1)(c), the licence must also include a condition that:\n    (a) the provision mentioned in that paragraph must be consistent with a written evaluation, by an actuary, of the licensee’s accrued and contingent liability for the accounting period; and\n    (b) the evaluation mentioned in paragraph (a) must be lodged with the Commission.\n\n### Division 3.3—General\n\n#### 14 Conditions—claims management\n\n  (1) The Commission may only grant a licence that authorises a licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act if the licence contains the conditions in subsection (2).\n  Conditions\n  (2) The licensee or specified person, in managing claims:\n    (a) must be guided by equity, good conscience and the substantial merits of the case, without regard to technicalities; and\n    (b) is not required to conduct a hearing; and\n    (c) is not bound by the rules of evidence.\n\n## Part 4—Criteria and procedures—suspension and revocation of licences\n\n#### 15 Revocation or suspension of licence at the instance of the Commission\n\n  (1) The Commission may, under section 106 of the Act, suspend or revoke a licence held by a Commonwealth authority.\n  (2) The Commission may, under section 106 of the Act, revoke, but may not suspend, a licence held by a licensed corporation.\n  Notice to the licensee\n  (3) If the Commission suspends or revokes a licence under section 106 of the Act, the Commission must give the licensee written notice:\n    (a) stating that the Commission has suspended or revoked the licence under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for notices relating to a suspension—state the period for which the licence is suspended; and\n    (d) setting out the reasons for the suspension or revocation.\n  Notice to be published\n  (4) If the Commission revokes or suspends a licence under section 106 of the Act, the Commission must publish a notice in the Gazette or by notifiable instrument:\n    (a) stating that the licence has been suspended or revoked under section 106 of the Act; and\n    (b) stating the date of effect of the suspension or revocation; and\n    (c) for a notice relating to a suspension—state the period of suspension.\n\n#### 16 Suspected breach of condition\n\n  (1) For subsection 106(2) of the Act, the procedure set out in this section is a procedure preliminary to the suspension or revocation of a licence at the instance of the Commission.\n  (2) If the Commission believes, on reasonable grounds, that a licensee may have breached a condition to which the grant of the licence is subject, the Commission may give a written notice to the licensee:\n    (a) stating that the Commission believes that the licensee may have breached a condition of its licence; and\n    (b) giving details of the matters that the Commission considers may constitute the breach; and\n    (c) stating that if the Commission is satisfied that a breach has occurred, the Commission may:\n    (i) if the licensee is a Commonwealth authority—suspend or revoke the licence; or\n    (ii) if the licensee is a licensed corporation—revoke the licence; and\n    (d) inviting the licensee to make written submissions in relation to the matter to the Commission, within 30 days after receiving the notice.\n    (3) If the licensee makes a submission within the period mentioned in paragraph (2)(d), the Commission must consider the submission.\n\n#### 17 Revocation of licence at the request of licensee\n\n  (1) If the Commission decides to revoke a licence under section 107 of the Act, the Commission must give the licensee a notice in writing, stating:\n    (a) that the Commission has revoked the licence under section 107 of the Act; and\n    (b) the date of effect of the revocation.\n  (2) The Commission must publish the written notice referred to in subsection (1) in the Gazette or by notifiable instrument.\n\n## Part 5—Notices\n\n#### 18 Variation of scope of licence or extension of term of licence\n\n  (1) If the Commission varies the scope of a licence or extends the term of a licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the licence or the extension of the term of the licence.\n  (2) If the Commission varies the scope of a preserved licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the preserved licence.\n\n#### 19 Variation of conditions\n\n  If, the Commission varies a condition to which the grant of a licence or preserved licence is subject, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the condition.","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Variation of scope of licence or extension of term of licence","content":"#### 18 Variation of scope of licence or extension of term of licence\n\n  (1) If the Commission varies the scope of a licence or extends the term of a licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the licence or the extension of the term of the licence.\n  (2) If the Commission varies the scope of a preserved licence, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the scope of the preserved licence.","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Variation of conditions","content":"#### 19 Variation of conditions\n\n  If, the Commission varies a condition to which the grant of a licence or preserved licence is subject, the Commission must publish a notice in the Gazette, or by notifiable instrument, setting out the variation made to the condition.","sortOrder":27},{"sectionNumber":"Part 6","sectionType":"part","heading":"Recordkeeping and reporting","content":"## Part 6—Recordkeeping and reporting\n\n#### 20 Commission must keep records\n\n  The Commission must keep records of the following:\n    (a) applications for licences;\n    (b) refusals to grant licences;\n    (c) grants of licences, including the scope of the licences and the conditions to which the licences are subject;\n    (d) expiry of licences;\n    (e) suspensions of licences;\n    (f) revocations of licences;\n    (g) breaches of licences and preserved licences;\n    (h) suspected breaches of licences and preserved licences.\n\n#### 21 Reporting\n\n  The Commission must include details of the records mentioned in paragraphs (a) to (g) inclusive in section 20 for a financial year in the Commission’s annual report for that financial year under section 89S of the Act.","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Commission must keep records","content":"#### 20 Commission must keep records\n\n  The Commission must keep records of the following:\n    (a) applications for licences;\n    (b) refusals to grant licences;\n    (c) grants of licences, including the scope of the licences and the conditions to which the licences are subject;\n    (d) expiry of licences;\n    (e) suspensions of licences;\n    (f) revocations of licences;\n    (g) breaches of licences and preserved licences;\n    (h) suspected breaches of licences and preserved licences.","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Reporting","content":"#### 21 Reporting\n\n  The Commission must include details of the records mentioned in paragraphs (a) to (g) inclusive in section 20 for a financial year in the Commission’s annual report for that financial year under section 89S of the Act.","sortOrder":30}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Directions operate within the parent Act's licensing framework and set out procedural and substantive criteria for how the Commission should exercise existing powers under the Act (notably sections 104, 106, 107, 89S and 89D). They add specificity on: (a) who may manage claims for Commonwealth authorities, (b) ministerial notification and definition of outstanding tail liabilities, (c) financial reporting and actuarial evaluation requirements for corporate licensees, and (d) recordkeeping and publication obligations. These are clarifying and procedural refinements rather than an expansion of the statutory scope; they do not materially enlarge the Commission’s statutory powers or create new categories of licensee beyond those contemplated by the Act."},"complexity_factors":["Relatively short instrument with focused subject matter (licensing direction) — limited number of substantive topics","4 defined terms within the instrument itself (Act, outstanding tail liability, preserved licence, Regulations) plus multiple Act‑level terms referenced (Commission, Commonwealth authority, licence, licensee)","Multiple cross‑references to the parent Act and Regulations: section 89D, subsection 104(1), sections 106 and 107, section 89S, and historical Parts VIIIA/VIIIB (several places)","Conditional logic splitting Commonwealth authorities and eligible corporations with different rules (distinct Divisions and sections 6/11 vs 12/13)","Exceptions and carve‑outs: Australian Capital Territory exception for claims management (sections 6 and 11(3)), and legacy licence continuation for licences held immediately before 1 April 2002 (section 10)","Administrative discretion expressed as \"satisfied on reasonable grounds\" in multiple provisions (sections 6, 7, 7A), requiring factual evaluation rather than bright‑line rules","Procedural requirements (notification to Minister, publication, recordkeeping and reporting) create sequencing and timing constraints across decisions (sections 6A, 11A, 8(2), 18–19, 20–21)","Different remedial paths for revocation/suspension depending on whether licensee is a Commonwealth authority or a corporation (section 15) and a preliminary suspected‑breach process (section 16)"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This instrument (the Directions) tells the Safety, Rehabilitation and Compensation Commission (the Commission) how to decide, document and publicise licences under the Safety, Rehabilitation and Compensation Act 1988 (the Act). It sits under section 89D of the Act (see section 3).  \n\n- It separates rules for two groups of applicants: Commonwealth authorities (public bodies) and eligible corporations (private or non‑Commonwealth corporate entities). Different criteria and conditions apply to each (Parts 2 and 3).  \n\n- Key procedural steps the Commission must follow:  \n  - When granting a licence the Commission must set out and publish the licence scope, claim‑management authorisations, licence conditions and term (section 8).  \n  - The Commission must keep and report records about licence applications, grants, refusals, suspensions, revocations and breaches (sections 20–21).  \n  - Notices of variations, suspensions, revocations and condition changes must be published in the Gazette or by notifiable instrument (sections 8(2), 15(4), 17(2), 18–19).  \n\n- Limits on who may manage claims for Commonwealth authorities: licences for Commonwealth authorities (except the Australian Capital Territory) can only authorise claims to be managed by specified public actors — the applicant’s employees, Comcare (the regulator), a Comcare subsidiary, another Commonwealth authority, or employees of those bodies (sections 6 and 11).  \n\n- Notifications about \"tail\" liabilities (liabilities for injuries that occurred before a licence starts): if a Commonwealth authority would be authorised to accept liabilities in respect of pre‑licence injuries the Commission must notify the Minister in writing about the extent of that authorisation and the estimated outstanding tail liability before granting or varying the licence (sections 6A and 11A). The Directions define \"outstanding tail liability\" as Comcare's indicative estimate of outstanding claim liabilities for the prior period (definition in section 4).  \n\n- Conditions for eligible corporations: licences to corporations can include disclosure and financial reporting obligations, including lodging annual accounts within 120 days and identifying provision for accrued and contingent liabilities for claims under the Act. If that accounting provision is required, it must be supported by a written actuarial evaluation and lodged with the Commission (section 13).  \n\n- Standards for claims management generally: any licence that authorises a licensee (or a specified person acting for the licensee) to manage claims must include conditions that claim managers act guided by equity and substantial merits (not technicalities), they are not required to conduct a hearing, and they are not bound by formal rules of evidence (section 14).  \n\n- Suspension/revocation procedure: the Commission can suspend or revoke licences under the Act. Different powers apply to Commonwealth authorities and corporations (for example, the Commission may suspend or revoke Commonwealth authority licences, but may revoke only — not suspend — corporate licences). The instrument prescribes written notice and an opportunity to make submissions where the Commission reasonably suspects a breach of licence conditions (sections 15–17, 16).  \n\n\nWho is affected\n\n- Commonwealth authorities (except the Australian Capital Territory) that apply to be licensed under the Act — they face limits on who can manage their claims and extra steps if they propose to accept pre‑licence (tail) liabilities (sections 6, 6A, 11, 11A).  \n\n- Eligible corporations (non‑Commonwealth corporate licensees) — they may be required to provide operational information, lodge accounts within fixed timeframes, and maintain and lodge actuarial evaluations of their accrued and contingent liabilities for workers’ compensation (section 13).  \n\n- Comcare and its subsidiaries — the Directions explicitly make them an authorised option to manage claims for Commonwealth authorities (sections 6 and 11).  \n\n- Ministers and the Commonwealth budget — the Minister must be notified in writing before the Commission authorises a Commonwealth authority to accept outstanding tail liabilities, so central budget decision‑makers are formally informed of potential contingent fiscal exposures (sections 6A and 11A).  \n\n\nWhy it matters (effects, incentives and trade‑offs)\n\n- Fiscal signalling and ministerial oversight for \"tail\" liabilities (sections 6A, 11A, definition in section 4): by requiring the Commission to tell the Minister the extent and estimated dollar value of pre‑licence liabilities before a licence is granted or varied, the Directions create a formal gate that brings potential future Commonwealth costs to the attention of central decision‑makers. That increases transparency and reduces the risk of unexpected contingent liabilities being assumed without ministerial awareness. The trade‑off is an extra procedural step that may delay licensing or variation decisions.  \n\n- Restriction on private outsourcing of claims management for Commonwealth authorities (sections 6, 11): for most Commonwealth authority licences the Directions limit claims managers to public bodies or employees. Mechanically, this excludes private third‑party claims administrators from managing claims for these licensees. That reduces potential procurement opportunities for private firms and channels work to Comcare, its subsidiaries or other Commonwealth authorities. The intended effect (per the direction) is to keep claim management within public entities; the consequence is reduced market participation, which may affect choice, innovation or cost‑efficiency in claims handling.  \n\n- Financial and actuarial oversight for corporate licensees (section 13): corporations face an explicit compliance and reporting burden — filing accounts and, where required, commissioning and lodging actuarial evaluations of claim liabilities. This raises the administrative cost of holding a licence and increases transparency about a licensee’s ability to meet accrued and contingent liabilities. The trade‑off is better information for the Commission (and indirectly, the market and creditors) versus direct costs for businesses and their actuaries.  \n\n- Protection of employee entitlements (section 7A): when deciding corporate licence applications the Commission’s primary criteria include ensuring the applicant is part of a corporate group with most employees covered by the Act and that the licence would not reduce overall workers’ compensation entitlements. Mechanically, this constrains corporate restructuring or licensing arrangements that would cut entitlements, preserving benefit levels for employees. That protects employee rights but constrains some forms of corporate design intended to lower labour costs.  \n\n- Administrative discretion and transparency (multiple sections): the Commission must be satisfied on \"reasonable grounds\" for a number of matters (for example sections 6, 7, 7A). The Directions add publication and recordkeeping obligations (sections 8(2), 18–19, 20–21), which increases transparency about licensing decisions while leaving substantive discretion with the Commission. The risk is ordinary: discretionary standards can create uncertainty for applicants about predictable outcomes; the mitigating factor is the record and publication requirements which support oversight and accountability.  \n\n\nWho pays, who decides, and what behaviour is likely to change\n\n- Who pays: a licensee that accepts liability pays compensation under the Act (section 8(a)). Corporations pay the direct costs of compliance (accounting, actuarial reports and information requests under section 13). The Commonwealth (via the Minister and budget) may ultimately bear costs if a Commonwealth authority accepts significant tail liabilities.  \n\n- Who decides: the Commission makes licensing decisions and sets scopes and conditions (sections 6–8, 13). The Minister is notified when pre‑licence liabilities are to be accepted (sections 6A, 11A).  \n\n- Likely behaviour changes: applicants will factor in extra disclosure and actuarial work when applying (section 13); Commonwealth authorities will generally keep claims management in the public sector or with their own employees to meet the authorization rules (sections 6, 11); the Commission will follow publication and recordkeeping protocols, increasing visibility of licensing activity (sections 8(2), 20–21). Applicants considering assuming pre‑licence liabilities will expect ministerial scrutiny and potential delay.  \n\n\nImplementation risks and opportunity costs (brief)\n\n- Timing and transaction cost: additional notification (Minister) and actuarial requirements can delay licence grants and raise upfront costs for applicants (sections 6A, 11A, 13).  \n\n- Market exclusion: restricting claims management for Commonwealth authorities to public bodies removes a potential market for private claims managers (sections 6, 11). That concentrates work in Comcare/other Commonwealth bodies and may reduce competitive pressure on cost and service innovation.  \n\n- Discretion vs predictability: repeated \"satisfied on reasonable grounds\" standards give the Commission flexible decision‑making power (sections 6, 7, 7A) but create predictability issues for applicants. Publication requirements and recordkeeping (sections 8(2), 20–21) partially mitigate this by creating an audit trail.  \n\n\nSource/claim attribution\n\n- The instrument explicitly requires Commission notification to the Minister about outstanding pre‑licence liabilities before granting or varying licences for Commonwealth authorities (see sections 6A and 11A) and limits who may manage claims for Commonwealth authorities (sections 6 and 11). The corporate reporting and actuarial requirements are set out in section 13. Suspension/revocation notice and publication requirements are in sections 15–17 and 18–19. Recordkeeping and reporting obligations are in sections 20–21. The rest of this summary tests those stated mechanisms against likely costs, incentives and trade‑offs as described above.\n"},"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":{"_metrics":{"provider":"moonshot","completionTokens":2405},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument remains focused on its original purpose of establishing the criteria and procedures for licensing under Part VII of the SRC Act. While it includes modern safeguards (such as tail liability notification and corporate group coverage requirements for eligible corporations), these are elaborations within the existing licensing framework rather than expansion into new substantive areas."},"complexity_factors":["Cross-references to primary legislation (Safety, Rehabilitation and Compensation Act 1988, sections 89D, 104, 106, 107, 89S) and subordinate regulations (Safety, Rehabilitation and Compensation Regulations 2019)","Technical defined term 'outstanding tail liability' involving actuarial calculation of pre-licence claim values","Bifurcated regime with distinct procedural rules for Commonwealth authorities vs. eligible corporations (e.g., authorities can have licences suspended; corporations can only have them revoked)","Temporal conditional logic (references to 'immediately before 1 April 2002' transitional licences and pre-commencement liability periods)","Mandatory procedural prerequisites (Ministerial notification requirements in sections 6A and 11A before granting or varying licences to accept tail liabilities)","Nested conditions in section 13(2) where the inclusion of one condition (paragraph 1(c)) triggers mandatory additional conditions (actuarial evaluation)"],"plain_english_summary":"This instrument sets the rules for **Comcare** (the federal workers' compensation scheme) to grant, manage, and cancel **self-insurance licences**.\n\n**What it does:**\nUnder the *Safety, Rehabilitation and Compensation Act 1988*, Commonwealth agencies and some large private corporations (\"eligible corporations\") can apply for a licence to manage their own workers' compensation claims instead of being covered by the standard Comcare scheme. These Directions tell the Safety, Rehabilitation and Compensation Commission (the decision-maker) exactly what criteria to apply and what procedures to follow when issuing, varying, suspending, or revoking those licences.\n\n**Who it affects:**\n- **Commonwealth authorities** (government departments and agencies) wanting to self-manage claims.\n- **Eligible corporations** (private companies) seeking to join the Comcare scheme or self-insure.\n- **Comcare** itself, which must assess applications and keep records.\n\n**Key requirements:**\n- **For government agencies:** Claims must be handled only by the agency’s own staff, Comcare staff, or another government agency—not outsourced to just anyone. If an agency wants to take on liability for old injuries that happened before the licence started (called **\"tail liability\"**), the Commission must notify the Minister in writing and estimate the dollar value of those old claims.\n- **For private companies:** They must prove they have the money to pay claims even if they go bust (winding-up arrangements), show they are part of a corporate group where most workers are already covered by the Act, and promise not to cut workers' compensation entitlements. They must also submit actuarial assessments (professional insurance calculations) of their liabilities.\n- **For everyone:** When managing claims, licensees must be guided by \"equity, good conscience and the substantial merits of the case\" rather than strict legal technicalities or courtroom rules of evidence.\n\n**Why it matters:**\nThis ensures that only financially sound and responsible entities can opt out of the standard Comcare scheme. It protects employees by guaranteeing that money will be available for claims even if their employer goes broke, and ensures that self-insurers meet minimum standards for claims handling."}},"importantCases":[],"_links":{"self":"/api/acts/safety-rehabilitation-and-compensation-directions-2019","history":"/api/acts/safety-rehabilitation-and-compensation-directions-2019/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-directions-2019/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-directions-2019/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-directions-2019/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-directions-2019/documents"}}