4Definitions

4 Definitions

Note: A number of expressions used in this instrument are defined in the SRC Act, including the following:

(a) attendant care services (subsection 4(1));
(b) claim (subsection 4(1));
(c) Comcare (subsection 4(1));
(d) determination (subsections 38(1), 60(1));
(e) employee (section 5);
(f) household services (subsection 4(1));
(g) impairment (subsection 4(1));
(h) incapacity for work (subsection 4(9));
(i) medical treatment (subsection 4(1));
(j) non-economic loss (subsection 4(1));
(k) rehabilitation authority (subsection 4(1));
(l) rehabilitation program (subsection 4(1));
(m) relevant authority (subsection 4(1));
(n) reviewable decision (subsection 60(1));
(o) suitable employment (subsection 4(1)).

In this instrument:

application date means the date that is 6 weeks after the date on which this instrument commenced in accordance with section 2.

approved Rehabilitation Assessments and Examinations Guide and this Guide mean the Guide for Arranging Rehabilitation Assessments and Requiring Examinations set out in Schedule 1 to this instrument.

assessor means a medical practitioner or other qualified person.

day, unless otherwise specified, means calendar day.

employee’s circumstances, in relation to an employee who suffers an injury, includes:

(a) the injury;
(b) any other medical condition, however described, suffered by the employee before, during or after the injury;
(c) the employee’s need or claimed need for medical treatment;
(d) the employee’s capacity for work or claimed incapacity for work;
(e) the employee’s impairment or claimed impairment;
(f) the employee’s non-economic loss or claimed non-economic loss;
(g) the employee’s need or claimed need for any alterations, modifications or aids or appliances;
(h) the employee’s need or claimed need for household services or attendant care services;
(i) any suitable employment for the employee including the availability of such employment;
(j) the employee’s personal circumstances; and
(k) any other relevant matter.

Guidelines for Rehabilitation Authorities means the guidelines, if any, issued by Comcare in accordance with section 41 of the SRC Act to rehabilitation authorities in relation to the performance or exercise by those authorities of their functions or powers under Part III of the SRC Act, and as in force from time to time.

independent medical practitioner, in relation to an employee, means a medical practitioner other than a treating practitioner.

injury, in relation to an employee, means:

(a) an ‘injury’ (within the meaning of the SRC Act) suffered by the employee in respect of which compensation is payable under the SRC Act; or
(b) a medical condition, however described, that is the subject of a claim made by or on behalf of the employee; or
(c) a medical condition, however described, that is the subject of a notice under section 53 of the SRC Act but is not yet the subject of a claim;

as the case requires.

Note: For the term ‘injury’ (within the meaning of the SRC Act), see subsection 4(3), and sections 5A and 123A, of the SRC Act.

medical examination means an examination arranged by a relevant authority that an employee is required to undergo in accordance with subsection 57(1) of the SRC Act.

medical practitioner means a person who is registered with the Australian Health Practitioner Regulation Agency as a medical practitioner and is to be interpreted consistently with the term ‘legally qualified medical practitioner’ in the SRC Act.

Note: The term ‘legally qualified medical practitioner’, which is not defined in the SRC Act, appears in subsection 4(1) in the definition of ‘medical treatment’, subsection 4(13) and sections 7, 15, 16, 36, 54, 57 and 126 of that Act. The term ‘legally qualified medical practitioner’ does not include a psychologist, which is covered by the term other health professional.

month has the meaning given in section 2G of the Acts Interpretation Act 1901.

other health professional means a person, other than a medical practitioner, who is:

(a) qualified by their training or registration under the law of a State or Territory providing for the registration for a specific profession; and
(b) registered with the Australian Health Practitioner Regulation Agency or a member of the relevant professional association.

other qualified person means a person, other than a medical practitioner, and otherwise has the same meaning as ‘suitably qualified person’ in the SRC Act.

Note: The term ‘suitably qualified person’, which is not defined in the SRC Act, appears in section 36 of that Act.

panel means a panel comprising two or more assessors.

rehabilitation assessment means an assessment of an employee’s capability of undertaking a rehabilitation program arranged by a rehabilitation authority in accordance with subsection 36(1) of the SRC Act.

rehabilitation examination means a rehabilitation assessment and examination arranged by a rehabilitation authority that an employee is required to undergo in accordance with subsection 36(3) of the SRC Act.

SRC Act means the Safety, Rehabilitation and Compensation Act 1988.

SRC Regulations means the Safety, Rehabilitation and Compensation Regulations 2019.

support person means, in relation to a rehabilitation examination or medical examination, any person who accompanies the employee during part or all of the examination for the sole purpose of providing emotional support to the employee during the examination.

treating practitioner, in relation to an employee, means a medical practitioner or other health professional who is primarily responsible for the clinical management of the employee’s injury.

workplace rehabilitation provider has the same meaning as ‘approved program provider’ in the SRC Act.