Safety, Rehabilitation and Compensation Act 1988

Section 4(1) defines injury by reference to section 5A as disease, physical or mental injury arising out of or in the course of employment or aggravation thereof, excluding that resulting from reasonable administrative action taken reasonably including performance appraisal, counselling, suspension, discipline or failure to obtain promotion under section 5A(2). Disease under section 5B requires an ailment or aggravation contributed to to a significant degree, substantially more than material, by employment, with assessment factors including duration, nature of tasks, predisposition, non-employment activities and health matters under sections 5B(2) to (3). Section 6 deems injury to arise out of or in the course of employment in listed circumstances including violence, place of work or recess, associated activities, directed travel, education, medical or rehabilitation attendance and overseas places, with journey rules commencing at the land boundary of the place of residence under sections 6(1A) to (1B) and exclusion for voluntary abnormal risk under section 6(3). Section 7 provides presumptions for Minister-specified employment-related diseases, incidence-based contribution, date of injury as first medical treatment or incapacity under section 7(4), and specific tables for firefighter cancers with qualifying periods of 5 to 15 years and first responder PTSD under DSM-5-TR for AFP, firefighters, ambulance, emergency services and Border Force under sections 7(8) to (14). Normal weekly earnings are calculated under section 8 by formula (NH times RP) plus A for ordinary hours plus overtime, with adjustments for age, service, increments, promotion, law or award changes, Wage Price Index indexation and cap at actual earnings under section 8(10). Relevant period is the latest two continuous weeks pre-injury under section 9(1), disregarding variation or reduced earnings periods under sections 9(2) to (4). Relevant authority is the licensee for licensed employees or Comcare otherwise under section 4(1). Rehabilitation authority is Comcare for exempt authorities, principal officer for licensed authorities or corporations, or principal officer of the employing Entity or authority otherwise under section 4(1). Approved Guide under section 28 binds Comcare, licensees and the Administrative Review Tribunal for permanent impairment and non-economic loss percentages. Catastrophic injury satisfies conditions in legislative rules under section 4(1). Suitable employment regards age, experience, training, skills, rehabilitation suitability and relocation reasonableness under section 4(1).

The Act applies to persons employed by the Commonwealth, a Commonwealth authority or licensed corporation under law or contract, including deemed employees such as AFP Commissioner, Deputy Commissioners and employees, holders of Commonwealth or Territory offices, casuals at prearranged places and specified ACT persons under sections 5(1) to (6). It excludes members of Parliament, Ministers, Judges under the Judges Pensions Act, external Territory public servants, seafarers under the Seafarers Rehabilitation and Compensation Act 1992 and Defence Force members under section 5(8) and (17), with a note to the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988. The Minister may declare specified persons engaged at Commonwealth, authority or licensed corporation request or direction to be employees under section 5(6). The Australian Capital Territory may be declared a Commonwealth authority on Chief Minister request, with revocation after 12 months notice under section 4A. Dependants of deceased employees, including extended family relationships under section 4(2), are affected for death benefits. Comcare, the Commission, rehabilitation authorities, licensees, Entities and Commonwealth authorities are directly affected by administration, premium and regulatory contribution obligations. The scheme extends to all places outside Australia including external Territories subject to section 117 under section 3.

Comcare or the relevant authority is liable to pay determined compensation amounts under section 11 and must make accurate and quick determinations under section 69(a), arrange rehabilitation to minimise injury duration under section 69(b) and be guided by equity, good conscience and substantial merits without regard to technicalities under section 72. Rehabilitation authorities must assess capability under the approved Rehabilitation Assessments and Examinations Guide under section 36(3A), determine programmes having regard to written assessments, cost, future liability reduction, employment opportunity improvement, psychological effect, employee attitude and alternatives under section 37(3), and pay programme costs under section 37(4). Relevant employers must take all reasonable steps to provide or assist with suitable employment under section 40(1). Employees have rights to claim compensation under Part V, undertake rehabilitation programmes with preserved medical treatment rights during suspension under sections 36(4A) and 37(7A), receive weekly amounts during programmes under section 37(5), and seek review of determinations under section 38. Claimants must give notice of injury or property damage as soon as practicable under section 53, lodge claims with medical certificates under section 54, notify common law claims within seven days under sections 46(1) and 47(1) and notify damages recovery within 28 days under section 48(2). Licensees must accept liability and manage claims in accordance with licence conditions under sections 108 to 108D. Principal officers must provide salary estimates and information for premiums and contributions by the prescribed day under section 97F. Comcare must issue determinations in writing with reasons under section 61, serve reviewable decision notices under section 63 and collect premiums, special premiums, exit contributions and regulatory contributions under sections 97 to 97P. The Commission issues guidelines on premiums and regulatory contributions under section 97E and must ensure equity of outcomes under section 89B.

Failure to notify common law claims under sections 46(2) and 47(2) or damages recovery under section 48(2A) is a strict liability offence. Failure to give departure notices for absences exceeding three months is a strict liability offence carrying five penalty units under section 120. Refusal or failure without reasonable excuse to undergo rehabilitation assessment or programme suspends rights to compensation and proceedings until compliance, with no compensation payable during suspension under sections 36(4), 36(7), 37(7) and (8). Overpayments are recoverable as debts under section 114 and may be deducted from compensation except section 114B amounts. Late payment of premiums or contributions attracts interest penalties at the Minister-specified rate under section 97P, not applying if less than $100. Comcare may write off or waive debts under Ministerial directions under sections 114C to 114D. Relevant authorities recover debts from held compensation money or investments under section 113. The Criminal Code Chapter 2 applies to all offences under section 13A. Enforcement occurs through Comcare determinations, Commission review of premium objections under sections 97J to 97K, Administrative Review Tribunal proceedings with costs rules under section 67 and court actions for damages recovery or debt.

The Administrative Review Tribunal Act 2024 applies to reviewable decisions with modifications including extended time limits of 60 days under section 65(4), evidence disclosure rules under section 66 and costs provisions under section 67. The Public Governance, Performance and Accountability Act 2013 governs Comcare as a body corporate, CEO accountability and financial management under sections 74, 76 and 90C. The Work Health and Safety Act 2011 is referenced in Commission functions under section 89B, Ministerial directions under section 73 and regulatory contribution calculations under section 97DA. The Seafarers Rehabilitation and Compensation Act 1992 excludes seafarers under section 5(8). The Veterans Entitlements Act 1986 applies to Peacekeeping Force members under section 43 and pension deductions under section 115. State workers compensation laws bar or reduce Commonwealth compensation where State amounts are recovered under sections 118 to 119, with Minister-declared specified laws. Superannuation schemes affect incapacity calculations under sections 20 to 21A and overpayment recovery under section 114B, overriding certain Superannuation Act provisions. The Criminal Code Chapter 2 applies under section 13A. Indexation uses Consumer Price Index for medical, death and impairment amounts under section 13 and Wage Price Index for death lump sums under section 13AA. No compensation is payable where other Commonwealth treatment benefits apply except in exceptional circumstances under section 119A. The Act preserves certain 1971 Act rights in transitional provisions under Part X. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 applies separately to Defence Force members for injuries before 1 July 2004 under its section 4AA, with the main Act excluding Defence Force members under section 5(17).

The source text does not detail specific recent amendments or their reasons. Provisions for indexation of relevant amounts in sections 17(3) to (5) using the Wage Price Index apply from the financial year starting 1 July 2009, with the factor calculated to three decimal places and rounded up where the four-decimal calculation ends above 4 under section 13AA. The Minister may make legislative rules under section 122A prescribing matters required or permitted by the Act, subject to limits on creating offences, penalties, appropriations or direct amendments. The approved Guide and variations are legislative instruments under section 28(3A). Provisions for Comcare subsidiaries under section 70B and the shift to Administrative Review Tribunal review under sections 60 to 67 appear in the source text.

The source text does not name any cases or describe court challenges or controversies. The related retrieval context includes paragraphs from Rizeq v Western Australia concerning federal jurisdiction in state courts under the Judiciary Act 1903, but those paragraphs do not address the operation of this Act and are not used to override the source text.

Injury excludes disease, injury or aggravation from reasonable administrative action taken reasonably under section 5A. Disease requires contribution to a significant degree, substantially more than material under section 5B(3). Journey claims are limited to the land boundary of the place of residence and exclude travel not at direction under section 6(1C). Wilful false representation of not suffering a disease bars treatment as injury under section 7(7). Serious and wilful misconduct, including alcohol or non-prescribed drug influence, excludes compensation except for death or serious permanent impairment under section 14. Permanent impairment compensation is unavailable below 10 per cent or 5 per cent binaural hearing loss except for finger, toe, taste or smell loss under sections 24(7) to (8). Non-economic loss actions following election are capped at $110,000 under section 45(4). Pre-1 December 1988 impairments are excluded from non-economic loss unless application made before Bill introduction under section 27(3). Weekly payments under $50 may be redeemed where incapacity is unlikely to change under section 30. Non-compliance with rehabilitation suspends all compensation rights except medical treatment under section 37(7A). Redemption determinations affect later incapacity calculations under section 23(3). Overpayment recovery from superannuation requires specific notifications and does not reduce compensation until notice under section 114B. Pre-commencing day liabilities and proceedings continue under old Act rules in some cases under sections 124 to 129. Regulatory contributions for former authorities continue post-cessation under section 97DA. No compensation is payable for death where the employee dies without dependants under section 17(2). No further compensation is payable for a subsequent increase in impairment unless the threshold is met under sections 25(4) to (5). Redemption of weekly payments is available only where the amount is $50 or less per week and incapacity is unlikely to change under section 30(1). Rights to compensation and proceedings are suspended for refusal or obstruction of examinations or rehabilitation programs, except for section 16 medical costs under sections 36(4), 37(7), 57(2) and 50(5). Salary, wages or pay received in the pre-determination period must be repaid and set off under section 23A. Courts may not award more than $110,000 for non-economic loss on a section 45 election under section 45(4). For overseas employees, a foreign scheme may displace the Act entirely under section 117. Pre-commencing day entitlements are excluded where compensation was not payable or proceedings were not maintainable under the applicable prior Act under section 124. Comcare may refuse to deal with a claim until information or documents are supplied under section 58(3). Determinations under section 30 are disregarded for sections 23(3) and 31(2) if revoked or set aside under section 32.

Employers must notify injuries promptly, provide or assist with suitable employment after rehabilitation under section 40(1), and supply salary estimates and information for premiums by 30 April or prescribed day under section 97F. Claimants must give written notice of injury as soon as practicable under section 53, lodge claims with medical certificates under section 54, notify common law claims within seven days under sections 46 to 47, and give departure notices for absences over three months under section 120. Rehabilitation authorities must comply with the approved Rehabilitation Assessments and Examinations Guide under section 36(3A) and approved Guide for impairment under section 28, serve notices of determinations with review rights under section 38, and pay programme costs under section 37(4). Comcare and licensees must determine claims in writing with reasons under section 61, apply equity and good conscience under section 72, issue premium and contribution determinations with 14- or 28-day effect under sections 97H and 97HA, and allow objections and reviews under sections 97J to 97K. All parties must disclose pecuniary interests under section 89M, maintain confidentiality of commercial information under section 121A, and use approved programme providers where required. For complex matters, obtain medical assessments under the Guides, calculate normal weekly earnings with indexation adjustments under sections 8, 13 and 13AA, and consider elections for non-economic loss before impairment payments under section 45. Licensees must comply with licence conditions under section 108D and delegate only in writing under section 108H. Entities and authorities must pay premiums, contributions and exit contributions on time to avoid interest penalties under section 97P. Provide written notice of injury or property loss or damage to the relevant authority as soon as practicable under section 53. Lodge a written claim in the approved form with a medical certificate in the approved form, except for sections 16 or 17 under section 54, and ensure substantial compliance. Undergo any required medical examination by a nominated legally qualified medical practitioner under section 57 and comply with the approved Rehabilitation Assessments and Examinations Guide under section 57(1A). Undertake any determined rehabilitation program, having regard to the matters in section 37(3), and notify the authority of any change in circumstances. Notify Comcare in writing within seven days of becoming aware of a claim for damages against a third party or the Commonwealth, authority, licensed corporation or employee under sections 46 to 47, and within 28 days of recovery under section 48. Repay the lesser of compensation paid or damages or State compensation recovered under sections 48 to 49 and 118 to 119. Supply requested information or documents within 28 days or any extended period under section 58. For authorities and licensees, pay premiums, exit contributions, regulatory contributions and licence fees on time to avoid interest under section 97P, and maintain sufficient resources and capacity to meet claims management and rehabilitation standards under section 104(2). Comply with all licence conditions, including maintenance of funds or guarantees under section 108D. For impairment claims, ensure assessment follows the approved Guide under section 28. For overseas employees, check whether a foreign compensation scheme applies under section 117. On cessation as a Commonwealth authority, address refund, remission and exit contribution obligations under sections 97Q to 97QF within the seven-year period. Claimants must comply with section 58 notices for information or documents to avoid declarations rendering section 67(2) inapplicable or adverse Tribunal costs orders. Principal officers must supply salary estimates and requested information for premium, exit contribution and regulatory contribution determinations. Entities, authorities and former bodies must pay premiums, exit contributions and regulatory contributions as directed by the Commission, with payments continuing during reviews and instalments permitted for exit contributions with the last due within seven years. Comcare and licensees must follow all Commission guidelines and Minister directions. Licence applicants must submit in the prescribed form with all required particulars, information and the estimated cost of consideration fee. Commission members must disclose pecuniary interests and obtain determinations before participating where conflicts arise.