Part 2Operational Standards

Part 1 — Preliminary

1 Name

This instrument is the Safety, Rehabilitation and Compensation Act (Operational Standards for Rehabilitation Program Providers) Determination 2020.

3 Authority

This Instrument is made under section 34E 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) approved program provider

Note: (c) rehabilitation authority

Note: (d) rehabilitation program

Note: (e) employee

Note: (f) injury

In this instrument:

Act means the Safety, Rehabilitation and Compensation Act 1988.

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 services means services provided by an approved program provider as part of a rehabilitation program.

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

Part 2 — Operational Standards

6 Standards relating to effectiveness, availability and cost

Standards relating to effectiveness (1) An approved program provider must ensure that rehabilitation services are provided in a way that is effective in assisting an employee to continue to work, or return to work, after injury. (2) Without limiting subsection 6(1), an approved program provider must ensure that rehabilitation services are provided in a way that is effective in ensuring that, to the greatest extent possible, employees assisted by the approved program provider are able to: (a) return to work, or keep working, in a way that minimises any ongoing effects of the injury; and (b) achieve a safe and durable return to work; and (c) undertake work for which the employee is suited, having regard to the particular injury and circumstances of the employee. Standards relating to availability (3) An approved program provider must ensure that rehabilitation services are suitably available to an employee who has suffered an injury. (4) Without limiting subsection 6(3), an approved program provider must ensure, following an arrangement with a rehabilitation authority, that: (a) the provider implements the arrangement with the authority within a reasonable time; and (b) the employee is able to access the required rehabilitation services within a reasonable period; and (c) the employee is not otherwise adversely affected through not being able to access the required rehabilitation services within a reasonable period. Standards relating to cost (5) An approved program provider’s costs in relation to the provision of rehabilitation services must have a reasonable relationship to the value of the rehabilitation service provided.