Approved form for application for initial approval of a person as a rehabilitation program provider

This instrument, made by the Chief Executive Officer of Comcare under section 34S of the Safety, Rehabilitation and Compensation Act 1988 (the Act), approves an application form to be used for initial approval of persons as rehabilitation program providers. The instrument revokes the prior instrument dated 5 November 2015 (registered F2015L01774) and replaces it with a new approved form, the "Application for Initial Approval as a Rehabilitation Program Provider". The instrument is dated 5 September 2019 and takes effect on 1 January 2020. The instrument expressly cites paragraph 34C(1)(a) of the Act as the provision under which the approved form is used.

Mechanically, the instrument does two things: it removes the earlier approved form from the Federal Register and it declares as the approved form the attached application document. The attached form sets out the information applicants must provide when seeking initial approval as a rehabilitation program provider, and it cross-references other statutory instruments and provisions that determine criteria, operational standards, conditions, processing timeframes, fees and review rights.

The attached form (the Approval Form) contains, among other things, fields and prompts for:

• organisation details (ABN/ACN, addresses, principal officers);
• declarations about prior refusals or withdrawals of approval, conflicts of interest, and professional or criminal proceedings;
• evidence of insurance and operation in particular States/Territories;
• identification of at least one person in senior management who is "relevantly qualified" and has at least five years' experience, as required by the Criteria (with the form pointing to subsection 6(4) of the Criteria for the definition of "relevantly qualified");
• policies and practices on induction, supervision, professional development, evaluation, privacy and records management;
• two de-identified case examples of return-to-work programs;
• referees and the range and location of services to be offered;
• consent and authorisations permitting Comcare to collect and verify personal information, and an undertaking to inform Comcare of changes and to comply with conditions.

The form embeds procedural rules stated as Comcare policy or statutory requirement: an application that is complete and accompanied by the fee prescribed in Part 3 of the Safety, Rehabilitation and Compensation Regulations 2019 must be processed within six months; if Comcare requests additional information, processing is paused until the applicant supplies it. The form states that approval is granted where Comcare is satisfied the applicant meets the Criteria and is likely to comply with the Operational Standards, and that approved providers may be approved for a maximum period of three years (to 30 June of a renewal period). The form also notifies applicants of available review rights to the Administrative Appeals Tribunal (AAT), and flags potential revocation under section 34Q of the Act for non‑compliance.

In short, the instrument does not itself establish approval criteria or operational standards, but it operationalises those standards by specifying the form and documentary material applicants must supply, and by setting out the procedural expectations, consents and undertakings that govern application, approval, publication of provider details and post‑approval compliance oversight.

The instrument and its attached form are built around several interlocking statutory and administrative concepts. These are the concept of a "rehabilitation program provider" (used interchangeably with "workplace rehabilitation provider" in the form), the statutory Criteria and Operational Standards (separate legislative instruments), the approved form as the mechanism for collecting information, the decision-making and conditioning power of Comcare, and rights and obligations that attach to approval.

Rehabilitation program provider / workplace rehabilitation provider: The form uses the term "rehabilitation program provider" and expressly notes that it has the same meaning as "workplace rehabilitation provider" (footnote 1). The instrument itself does not define the term; the meaning is taken from the Act and associated instruments.

Approved form under paragraph 34C(1)(a): The instrument states that the form is approved for the purposes of paragraph 34C(1)(a) of the Act. That paragraph is the statutory hook that allows an approved form to be prescribed for applications. The form therefore functions as a statutorily authorised template for applications and embeds certain statutory requirements , for example, signatory certifications and acknowledgements that false or misleading information may contravene the Criminal Code.

Criteria and Operational Standards: The form repeatedly cross-references two separate legislative instruments: the Safety, Rehabilitation and Compensation Act (Criteria for Approval and Renewal of Rehabilitation Program Providers) Determination 2020 (the Criteria), and the Safety, Rehabilitation and Compensation Act (Operational Standards for Rehabilitation Program Providers) Determination 2020 (the Operational Standards). The form instructs applicants that they must satisfy the Criteria to be approved and be likely to comply with the Operational Standards while approved. It also notes that a prior Criteria and Operational Standards instrument from 2015 will be repealed on 1 July 2020, and that some parts of the 2015 instrument may remain relevant for applications made before that date. The form points applicants to the Federal Register and Comcare website for those instruments.

"Relevantly qualified" and subsection 6(4): The form requires the applicant to have at least one senior management person who is "relevantly qualified" and has five years' experience providing workplace rehabilitation services as a relevly qualified person. It refers applicants to subsection 6(4) of the Criteria for the definition , the Criteria is therefore critical to understanding eligibility and staffing requirements.

The instrument and the attached application form affect several discrete groups and their interactions. Primary parties are applicants seeking initial approval as rehabilitation program providers, Comcare as decision-maker and regulator, and persons engaged or employed by applicants (consultants, senior managers and other staff). Secondary affected groups include employers and workers who will be referred to approved providers under the Safety, Rehabilitation and Compensation Act scheme, State/Territory insurers and authorities that may receive information about approvals across jurisdictions, and the Administrative Appeals Tribunal when review proceedings arise.

Applicants: The immediate and primary effect falls on any person or organisation proposing to provide workplace rehabilitation services under the Comcare scheme. Applicants must complete the approved form and provide supporting documents. They pay the fee required by the Safety, Rehabilitation and Compensation Regulations 2019 Part 3. Applicants must demonstrate that they meet the Criteria and are likely to comply with the Operational Standards, and they must provide evidence of insurance, appropriate senior management qualifications and experience, policies for induction, supervision, evaluation, privacy and record-keeping, de‑identified case examples, referees and the geographic scope of operations. The form requires applicants to obtain employee/contractor consents for Comcare to collect personal information. Applicants should expect their application to be processed within six months if complete; otherwise processing is paused pending additional information.

Comcare: Comcare is the decision-making and enforcement body under the Act. It approves the form under section 34S and uses it to collect the statutory information specified in paragraph 34C(1)(a). Comcare evaluates whether applicants meet the Criteria (the form states "Comcare will approve an application where it is satisfied that the applicant meets the Criteria") and will assess the likelihood of ongoing compliance with Operational Standards. Comcare can impose additional conditions beyond the Operational Standards, require participation in evaluations to determine compliance, and revoke approvals under section 34Q if conditions or standards are not met. Comcare is also the publisher of approved provider details and the Federal Register is referenced for the Criteria and Operational Standards instruments.

Employees, consultants and managers of applicants: The form places obligations on organisations to ensure that specific personnel are "relevantly qualified" and that at least one senior manager has five years' experience as a relevly qualified person. These personnel must have authorised Comcare to collect, use and disclose their personal information for the purposes of verifying qualifications, probity and other matters. Individuals may therefore be asked by their employer or contract principal to sign consents and provide CVs and documentary evidence. Comcare may contact referees and ask for further verification. The requirement for staff consents and the threatened use of Criminal Code offences for false information mean individuals engaged by an applicant face scrutiny.

The approved form and its framing in the instrument embed specific duties on applicants and corresponding rights relevant to the assessment and oversight process.

Applicant duties (explicit in the form and tied to the Act and secondary instruments):

• Complete the approved form fully and accurately, and attach the documentary evidence specified (ABN/ACN record, insurance certificates, CVs, qualifications, referees, de‑identified case examples, policies on induction/supervision/evaluation/privacy, and list of services and operating jurisdictions). The form requires the applicant to certify the information is true and correct and warns that false or misleading information is an offence under the Criminal Code.
• Pay the applicable fee, as prescribed by the Safety, Rehabilitation and Compensation Regulations 2019 Part 3, to trigger Comcare’s six‑month statutory processing obligation for complete applications. The applicant bears the monetary cost of the fee and the administrative cost of assembling the package.
• Obtain and certify authorisation from persons engaged or employed by the applicant to permit Comcare to collect, use and disclose their personal information for the purposes of assessing the application and later compliance monitoring. The form requires explicit consent or certification that personnel have authorised such collection and use.
• Ensure at least one senior management person is "relevantly qualified" and has at least five years' experience providing workplace rehabilitation services as a relevly qualified person, as the Criteria requires (the form refers to subsection 6(4) of the Criteria).
• Provide two de‑identified case examples and referees to attest to professional integrity, due diligence and quality of service delivery.
• Notify Comcare promptly of any material changes to information provided in the application, including changes in workplace rehabilitation providers employed or engaged by the applicant, and provide evidence of ongoing qualifications, supervision arrangements and attendance at Comcare-approved training.
• Agree to participate in evaluations as required by Comcare during the approval period to determine compliance with conditions.

Comcare duties and powers:

• Process complete applications within six months of receipt, provided the application is complete and accompanied by the required fee. If additional information is requested, Comcare is not bound to the six‑month time limit until that information is supplied.

The instrument itself does not create new criminal offences but the attached form references existing criminal and administrative enforcement mechanisms embedded in the Act and other legislation. Enforcement under the scheme combines administrative powers (conditions, revocation, publication and evaluations) with criminal consequences for false information when the elements of the Criminal Code are met.

Criminal liability for false or misleading information: The applicant must certify that the information provided in the application is true and correct, and the form explicitly warns that giving false or misleading information is a serious offence under the Criminal Code. This places a personal and corporate legal exposure on signatories and on organisations that submit materially false content. The form does not specify the particular Criminal Code provision, but the warning operates as a legal deterrent and a statutory obligation embedded in the application process.

Revocation of approval under section 34Q: The form states that failure to comply with the Criteria and Operational Standards may result in revocation of approval under section 34Q of the Act. It also states that failure to comply with conditions specified in the instrument of approval may lead to revocation under the same provision. These are administrative enforcement tools vested in Comcare. Revocation removes the provider’s ability to operate as a rehabilitation program provider under the Comcare scheme, removes the listing on Comcare’s website, and likely affects revenue from referrals under the Act.

Conditions of approval: Comcare may impose additional conditions on an approval beyond what the Operational Standards require. Non-compliance with such conditions is enforceable through revocation under s34Q. Conditions therefore function as enforceable obligations tailored to an individual approval.

Evaluations and oversight: The form states that during the approval period the rehabilitation program provider must participate in evaluations as required by Comcare to determine compliance with applicable conditions. Failure to participate may be treated as non-compliance and expose the provider to administrative sanctions including revocation; the form implies participation is a mandatory compliance duty.

Publication as a compliance mechanism: Comcare will publish the services and the States/Territories in which a provider is approved on its website. While not a sanction per se, publication creates reputational exposure that can act as an enforcement incentive. Also, the form requires agreement to listing on Comcare’s website as part of the application, so publication is both a procedural effect and an instrument of transparency that Comcare chooses to use.

The approved form and instrument explicitly cross-reference the Safety, Rehabilitation and Compensation Act 1988 (the Act) and a number of subordinate instruments and statutes. The text requires applicants to interact with, and comply with, a web of statutory instruments and obligations, creating layered compliance requirements.

Primary Act references:

• Section 34S of the Act: The instrument is made under s34S, which provides the power for the Chief Executive Officer of Comcare to approve forms under paragraph 34C(1)(a). The instrument records that approval is given pursuant to s34S.
• Paragraph 34C(1)(a): The instrument states the form is approved for the purposes of paragraph 34C(1)(a), which is the statutory provision governing how applications are to be made under the Act.
• Sections 34D and 34E: The attached form references these sections as the source of the Criteria and Operational Standards respectively, noting that the Criteria and Operational Standards are determined under these sections. The form requires applicants to show they meet the Criteria (s34D) and likely to comply with Operational Standards (s34E).
• Section 34Q: The form warns that failure to comply with Criteria, Operational Standards or specified approval conditions may result in revocation of approval under s34Q.

Subordinate instruments and regulations:

• Safety, Rehabilitation and Compensation Act (Criteria for Approval and Renewal of Rehabilitation Program Providers) Determination 2020: The form repeatedly directs applicants to the Criteria instrument for the matters that an applicant must meet to be approved, and specifically for the definition of “relevantly qualified” in subsection 6(4).
• Safety, Rehabilitation and Compensation Act (Operational Standards for Rehabilitation Program Providers) Determination 2020: The form instructs applicants that this instrument sets out matters to be complied with while approved and notes that the Operational Standards commence on 1 July 2020.
• Criteria and Operational Standards for Workplace Rehabilitation provider 2015: The form notes the 2015 instrument will be repealed on 1 July 2020, but that Division 2 of Part 1 in that instrument is relevant for applications made prior to 1 July 2020. This creates a temporal interaction where older standards may govern earlier applications.
• Safety, Rehabilitation and Compensation Regulations 2019 Part 3: The form refers to Part 3 of these Regulations as prescribing the fee that must accompany an application in order for Comcare to be required to process an application within six months. The Regulations therefore interact by imposing monetary and procedural preconditions.

The instrument records a succinct amendment history limited to revocation and replacement of the previously approved form, and references other subordinate instrument changes in timetable terms.

Key entries in the instrument’s amendment timeline:

• Revocation of the previous approved form: The instrument expressly revokes the instrument titled "Safety, Rehabilitation and Compensation Act 1988 - Section 34S - Approval of Form of Application for Approval as a Workplace Rehabilitation Provider", dated 5 November 2015 and registered as instrument F2015L01774 on the Federal Register of Legislation. The current instrument replaces that 2015 instrument, making the new application form the operative approved form.
• Approval of the new form: The instrument, dated 5 September 2019, approves the attached "Application for Initial Approval of a Person as a Rehabilitation Program Provider" under paragraph 34C(1)(a) of the Act. The instrument takes effect on 1 January 2020. The instrument does not indicate any staged commencement for the form itself beyond that effective date.
• Timing for Criterion/Operational Standards instruments: The attached form references new Criteria and Operational Standards “Determination 2020” instruments. It states that the Operational Standards Determination 2020 commences 1 July 2020 and that the earlier Criteria and Operational Standards for Workplace Rehabilitation provider 2015 will be entirely repealed on 1 July 2020. The form notes that Division 2 of Part 1 of the 2015 instrument is relevant to applications made before 1 July 2020. This creates a transition point where applicants and Comcare must apply different Operational Standards depending on when applications are lodged.
• Publication and regulatory references: The form directs applicants to the Comcare website and the Federal Register of Legislation for the relevant instruments, suggesting the expectation that future amendments to the Criteria, Operational Standards or Regulations will be reflected on those platforms.

What is not in the amendment history:

• The instrument does not record any prior amendments beyond the 2015 instrument it revokes. It does not amend or alter the Act itself. It does not set out an ongoing amendment mechanism for the form beyond the fact that Comcare has the power to approve a form under s34S.
• The form does not preview subsequent changes to the Criteria or Operational Standards beyond the 2020 instruments and the repeal date for the 2015 instrument.

The instrument and its attached form contain only a narrow reference to dispute resolution and review mechanisms. The material provided does not record any litigation, judicial decisions or tribunal findings arising out of this instrument or the attached form. The only explicit mention of dispute resolution in the source is that an applicant who is refused approval by Comcare can have that decision reviewed by the Administrative Appeals Tribunal (AAT).

Administrative Appeals Tribunal review:

• The form states: "If Comcare refuses to approve you as a rehabilitation program provider, you can have this decision reviewed by the Administrative Appeals Tribunal." That is the sole procedural right of review expressly mentioned. This indicates the statutory framework contemplates merits review in the AAT of refusal decisions, consistent with common administrative law practice in federal licensing and approval schemes.

Absence of judicial or tribunal decisions in the source:

• The instrument does not refer to any AAT decisions, Federal Court litigation, High Court cases, or other case law that interprets the Criteria, Operational Standards, s34Q revocation powers, or s34S form-approval power. The source does not supply litigation history concerning refusal, revocation, conditions, or privacy disputes related to provider approvals.
• The form’s warning about criminal liability for false or misleading statements references the Criminal Code but does not cite prosecutions or cases. No precedent is included.

Implications of the limited litigation history in-source:

• Because the instrument itself is an administrative form approval, and the form explicitly establishes that refusals are reviewable by the AAT, the likely avenue for challenge to adverse administrative decisions lies in tribunal review rather than immediate court-based judicial review. The source does not indicate whether Comcare’s decisions are routinely appealed to the AAT or whether particular legal tests or precedents govern Comcare’s exercise of discretion.
• Practitioners advising clients must therefore plan for tribunal review as the practical remedy for refusals. Since no case law is provided, advice in this product must be based on the statutory text and the procedural rights stated in the form rather than on judicially articulated standards in this instrument.

What a reader should not assume from the instrument about litigation:

The attached application form contains multiple specific traps for the unwary that create operational, evidential and legal risk if not addressed. The following are concrete items drawn from the source that applicants and advisers should attend to.

1. The six-month processing clock has a suspension mechanism:

• The form says Comcare must process a complete application accompanied by the required fee within six months. However, if Comcare requests additional information, it will not process the application until the applicant provides that information. The practical effect is that the six-month statutory period only runs while the application is complete and fit for processing; any information request by Comcare pauses the clock. Applicants should therefore supply thorough documentation at lodgement to avoid pauses.

2. Fee is a precondition to timely processing:

• The six-month processing obligation applies only to applications that are complete and accompanied by the fee prescribed in Part 3 of the Safety, Rehabilitation and Compensation Regulations 2019. Failing to pay the fee forfeits the applicant’s entitlement to the processing timetable.

3. "Relevantly qualified" is defined outside the form:

• The form requires at least one senior manager to be "relevantly qualified" and have at least five years' experience as such, but it does not define "relevantly qualified". It points to subsection 6(4) of the Criteria for the definition. Applicants must read the Criteria instrument to understand eligibility; failing to do so risks submitting personnel who do not meet the statutory definition.

4. Consent requirement for staff:

• Applicants must certify that persons engaged or employed have authorised Comcare to collect, use and disclose their personal information. The form requires applicants to secure these consents. If staff or contractors refuse consent, Comcare may not be able to verify qualifications, which can impede approval.

5. Insurance proof for each State/Territory:

• The form asks for Professional Indemnity, Public Liability and Workers Compensation insurance for each State/Territory of operation, and to indicate where exemptions apply. Applicants operating in multiple jurisdictions must collect multiple insurance certificates or exemptions. Overlooking state-specific insurance requirements risks non-approval or later revocation.

To maximise the chance of a timely and successful initial approval, applicants should adopt an organised compliance programme that maps the form’s requirements to documentary evidence and processes. The following is a practical, source-grounded checklist and suggested steps drawn directly from the approved form and the cross-referenced instruments mentioned therein.

1. Read the Criteria and Operational Standards first:

• The form repeatedly links approval to compliance with the Criteria (the Determination 2020) and likely compliance with the Operational Standards (Determination 2020). The form also points to subsection 6(4) of the Criteria for the definition of "relevantly qualified". Start by obtaining and reading those instruments on the Comcare website or the Federal Register of Legislation. Confirm which version applies (2015 vs 2020) depending on the application date, noting the 1 July 2020 transition.

2. Complete the organisation details fully:

• Provide full legal name, trading name, ABN/ACN with attached ABR record, nature of organisation (company, partnership, sole trader), principal officers, addresses (physical and postal), contact person details (phone, mobile, email), holding company details if applicable, and identify signatories authorised to sign the application.

3. Gather and attach insurance documentation:

• For each State/Territory in which you intend to operate, attach Professional Indemnity, Public Liability and Workers Compensation insurance certificates. If you rely on state exemptions for workers compensation, clearly document and attach evidence of those exemptions.

4. Secure personnel qualifications and consents:

• Identify at least one person in senior management who is "relevantly qualified" and has at least five years' experience as required. Obtain that person’s resume, copies of relevant qualifications, registration numbers or membership/accreditation numbers where applicable, and any Comcare identification number.
• For each consultant or staff member who would deliver services, compile their name, relevant qualifications, registration/membership numbers, Comcare training attendance (if applicable), and experience (more than 12 months or supervision arrangements). Obtain written authorisations from each person for Comcare to collect, use and disclose their personal information, and retain those consents for submission.