Part 1Preliminary

Part 1 — Preliminary

1 Name

This instrument is the Safety, Rehabilitation and Compensation Act (Criteria for Approval and Renewal of Rehabilitation Program Providers) Determination 2020.

3 Authority

This Instrument is made under section 34D of the Act.

4 Definitions

Note: A number of expressions used in this instrument are defined in section 4 and section 5 of the Act, including the following:

Note: (a) Comcare

Note: (b) rehabilitation authority

Note: (b) rehabilitation program

Note: (c) employee

Note: (d) injury

Note: (e) approved program provider

In this instrument:

Act means the Safety, Rehabilitation and Compensation Act 1988.

applicant means:

(a) a person applying under section 34B of the Act for approval as a rehabilitation program provider; or

(b) a person applying under section 34J of the Act for renewal of approval as a rehabilitation program provider.

conditions of approval means the conditions as specified by Comcare under section 34P of the Act in relation to the approval of a person as a rehabilitation program provider.

registered health practitioner means an individual registered to practise a health profession under the Health Practitioner Regulation National Law as in force in the relevant State or Territory, but does not include an individual who holds a non-practising registration under that Law.

rehabilitation program provider means a person that would deliver services as part of a rehabilitation program to an employee that has suffered an injury, should that person be approved as an approved program provider.

rehabilitation services means services provided as part of a rehabilitation program.

solvent has the same meaning as in subsection 95A(1) of the Corporations Act 2001.

Part 2 — Criteria for approval or renewal of approval as a rehabilitation program provider

6 Criteria relating to qualifications

Application of this section (1) This section applies to a person who: (a) makes an application under section 34B of the Act for approval as a rehabilitation program provider; or (b) makes an application under section 34J of the Act for renewal of approval as a rehabilitation program provider. Qualifications required of the applicant (2) The applicant must be an individual, or employ or otherwise engage at least one individual, with at least five years’ relevant professional experience in delivering rehabilitation services. (3) The applicant must provide rehabilitation services only by means of individuals who are relevantly qualified to provide those services. (4) For this section, an individual is relevantly qualified in relation to a rehabilitation service if they are: (a) a registered health practitioner who is registered to practise one of the following health professions: (i) Occupational therapist; (ii) Physiotherapist; (iii) Psychologist; (iv) Medical practitioner; (v) Nurse; (vi) Osteopath; or (b) a rehabilitation counsellor who holds full membership of the Australian Society of Rehabilitation Counsellors; or (c) a rehabilitation counsellor who holds associate membership of the Australian Society of Rehabilitation Counsellors and is in the process of progressing to full membership in accordance with the rules of the Society at the time they provide the rehabilitation service; or (d) a rehabilitation counsellor who holds full membership of the Rehabilitation Counselling Association of Australasia; or (e) an exercise physiologist who is accredited with Exercise and Sports Science Australia; or (f) a social worker who has full membership of the Australian Association of Social Workers.