These Regulations are the Safety, Rehabilitation and Compensation Regulations 2002 .
4 Definitions
In these Regulations:
Act means the Safety, Rehabilitation and Compensation Act 1988.
licensee includes a person who manages claims on behalf of the licensee.
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.
suspension period means the period specified in a notice under paragraph 106(1)(a) of the Act.
Part 2—Compensation
5 Index—annual increase in normal weekly earnings after cessation of employment
For subsection 8(9B) of the Act, the Wage Price Index, Australia (Total hourly rates of pay—excluding bonuses/all Australia/all industries/all occupations) published by the Australian Bureau of Statistics is prescribed.
6 Manner of calculating annual increase—indexation after cessation of employment
For subsection 8(9B) of the Act, the further increase in normal weekly earnings mentioned in subsection 8(9D) of the Act is the amount (if any) calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the formula:
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where:
F is the greater of the following:
(a) the number calculated, to 4 decimal places and rounded up to 3 decimal places, by dividing the index number by the previous index number;
(b) 1.000.
index number is the index number of the index mentioned in regulation 5 for the quarter that ended on 31 December in the year immediately before the indexation date.
PE is the normal weekly earnings that applied immediately before the indexation date.
previous index number is the index number of the index mentioned in regulation 5 for the quarter that ended on 31 December in the previous year.
Note: Under the formula above, there will be a further increase in normal weekly earnings only if F is greater than 1.000.
6A Index—annual increase in normal weekly earnings in certain other cases
For subsection 8(9F) of the Act, the Wage Price Index, Australia (Total hourly rates of pay—excluding bonuses/all Australia/all industries/all occupations) published by the Australian Bureau of Statistics is prescribed.
Division Division 5.2 - Safety, Rehabilitation and Compensation Regulations 2002 - Consequences of suspension or revocation of licence | Zoe
6B Manner of calculating annual increase—indexation in certain other cases
For subsection 8(9G) of the Act, the further increase in normal weekly earnings mentioned in subsection 8(9F) is the amount (if any) calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the formula:
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where:
F is the greater of the following:
(a) the number calculated, to 4 decimal places and rounded up to 3 decimal places, by dividing the index number by the previous index number;
(b) 1.000.
index number is the index number of the index mentioned in regulation 6A for the quarter that ended on 31 December in the year immediately before the indexation date.
PE is the normal weekly earnings that applied immediately before the indexation date.
previous index number is the index number of the index mentioned in regulation 6A for the quarter that ended on 31 December in the previous year.
Note: Under the formula above, there will be a further increase in normal weekly earnings only if F is greater than 1.000.
Part 3—Approved rehabilitation program providers
7 Renewal date
For paragraph (b) of the definition of renewal date in section 34 of the Act, the following intervals are prescribed:
(a) 21 months after the first renewal date determined by the Minister under paragraph (a) of the definition of renewal date in section 34 of the Act;
(b) subject to paragraphs (c) and (d), each period of 3 years after the interval mentioned in paragraph (a);
(c) the period of 4 years after 30 June 2016;
(d) each period of 3 years after 30 June 2020.
8 Processing fee for application for initial approval
For subsection 34C(2) of the Act, the prescribed fee for processing an application for initial approval of a person as a rehabilitation program provider is $2 000.
9 Processing fee for application for renewal of approval
For subsection 34K(2) of the Act, the prescribed fee for processing an application for renewal of a person as a rehabilitation program provider is:
(a) if the person provides a rehabilitation program in 1 State or Territory—$1 000; or
(b) if the person provides a rehabilitation program in 2 or 3 States or Territories—$3 000; or
(c) if the person provides a rehabilitation program in 4 or more States or Territories—$5 000.
Part 4—Application for grant of a licence
10 Prescribed form
For paragraph 102(1)(a) of the Act, Form 1 in Schedule 1 is prescribed.
11 Prescribed particulars
For paragraph 102(1)(b) of the Act, the particulars mentioned in Schedule 2 are prescribed.
12 Prescribed documents and information
For paragraph 102(1)(c) of the Act, the following information and documents are prescribed:
(a) the information and documents mentioned in Parts 1, 2, 3, 4 and 5 of Schedule 3;
(b) for an application for a licence to accept liability—the information and documents mentioned in Part 6 of Schedule 3;
(c) for an application for a licence in relation to only some of the applicant’s employees—the information mentioned in Part 7 of Schedule 3;
(d) if the applicant will be responsible for managing claims by employees— the information mentioned in Part 8 of Schedule 3;
(e) for an application by a Commonwealth authority, and not for a licence to accept liability—a certificate of coverage of its employees from Comcare;
(f) for an application by a Commonwealth authority or a former Commonwealth authority—details of its consultation with the portfolio Minister about the applicant’s intention to apply for a licence.
Part 5—Suspension and revocation of licences
Division 5.1—Definitions for Part 5
12A Definitions
In this Part:
guarantee means a guarantee for the due discharge of a licensee’s liability to pay compensation and other amounts under the Act that is given by a bank or other body.
licensee includes a Commonwealth authority or eligible corporation that was a licensee immediately before its licence was suspended or revoked.
Division 5.2—Consequences of suspension or revocation of licence
12B Outline of Division
(1) For section 107A of the Act, this Division deals with:
(a) the consequences of the suspension of a licence under section 106 of the Act (Commonwealth authorities only); and
(b) the consequences of the revocation of a licence under section 106 or 107 of the Act (Commonwealth authorities or eligible corporations).
(2) Regulation 13 deals with the suspension of the licence of a Commonwealth authority.
(3) Regulation 13A deals with money payable under a guarantee in relation to a Commonwealth authority whose licence is suspended.
(4) Regulation 14 deals with the revocation of the licence of a Commonwealth authority.
(5) Regulation 14A deals with money payable under a guarantee in relation to a Commonwealth authority whose licence is revoked.
(6) Regulation 14B deals with arrangements for a person to perform the employer functions of a Commonwealth authority whose licence is revoked, if Comcare decides to make such arrangements.
(7) Regulation 15 deals with the revocation of the licence of an eligible corporation.
(8) Regulation 15A deals with money payable under a guarantee in relation to an eligible corporation whose licence is revoked, including the use of that money for management of claims.
(9) Regulation 15B deals with arrangements for a person to perform the employer functions of an eligible corporation whose licence is revoked, if Comcare decides to make such arrangements.
(10) Regulation 15C deals with compensation for the acquisition of property.
13 Consequences of suspension of licence—Commonwealth authorities
(2) If the licence authorises the licensee to accept liability under the Act for payments in respect of injury, loss or damage suffered by, or the death of, any of its employees:
(a) that liability is not affected by the suspension of the licence; and
(b) during the suspension period, Comcare may discharge a liability mentioned in paragraph (a); and
(c) the licensee must pay to Comcare the full amount of any liability discharged under paragraph (b), unless regulation 13A applies.
(3) If the licence authorises the licensee to accept responsibility to manage claims made by its employees:
(a) during the suspension period:
(i) the licensee must not manage those claims; and
(ii) Comcare must manage those claims in the name of the licensee; and
(iii) on receiving a claim, notice or other communication, or being served with any proceedings in relation to a claim, the licensee must give the claim, notice, communication or proceedings to Comcare; and
(iv) the licensee must give to Comcare all documents, information and assistance reasonably required for Comcare to manage those claims; and
(b) the licensee must pay to Comcare an amount determined by Comcare as the costs incurred by Comcare in managing claims under subparagraph (a)(ii), unless regulation 13A applies; and
(c) Comcare is not liable to the licensee for any act or omission in managing claims under subparagraph (a)(ii).
Note: Under section 15 of the Safety, Rehabilitation and Compensation Directions 2002, the Commission may suspend a licence held by a Commonwealth authority, but may not suspend a licence held by an eligible corporation.
13A Money payable under guarantee—licence of Commonwealth authority suspended
(1) This regulation applies if the Commission makes a demand for payment under a guarantee that is in force relating to a Commonwealth authority whose licence is suspended.
(2) The money payable in response to the demand (guarantee money) must be paid to Comcare.
(3) Comcare must pay all guarantee money it receives into a separate bank account until the money can be dealt with in accordance with this regulation.
Note: Money that is not immediately required for the purposes of Comcare may be invested: see section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities).
(4) To avoid doubt, Comcare holds guarantee money on its own account and not on behalf of the Commission or the Commonwealth.
(5) Comcare may use guarantee money to do any of the following:
(a) discharge a liability mentioned in subregulation 13(2);
(b) meet a cost mentioned in paragraph 13(3)(b);
(c) reimburse itself if it has discharged a liability of that kind or met a cost of that kind without using guarantee money.
(6) If, after the end of the suspension period, Comcare determines that:
(a) there are unlikely to be any further outgoings of guarantee money under subregulation (5); and
(b) there is any guarantee money remaining;
Comcare must deal with the remaining money in the way provided for in the guarantee.
(7) However, if the guarantee does not make any provision about how the remaining money is to be dealt with, Comcare must pay the remaining money:
(a) to the Commonwealth authority; or
(b) if the Commonwealth authority no longer exists:
(i) in accordance with any legislation that makes provision about the distribution of the assets of the former Commonwealth authority; or
(ii) in any other case—to the bank or other body that paid the money to Comcare.
14 Consequences of revocation of licence—Commonwealth authorities
(2) If the licence authorised the licensee to accept liability under the Act for payments in respect of injury, loss or damage suffered by, or the death of, any of its employees:
(a) the licensee ceases to be liable under the Act for payments in respect of any injury, loss or damage suffered by, or death of, an employee occurring on or after the date when the licence is revoked; and
(b) the licensee remains liable under the Act for payments in respect of injury, loss or damage suffered by, or the death of, an employee occurring before the licence was revoked; and
(c) Comcare may discharge a liability mentioned in paragraph (b); and
(d) the licensee must pay to Comcare the full amount of any liability discharged by Comcare under paragraph (c), unless regulation 14A applies.
(3) If the licence authorised the licensee to manage claims:
(a) the licensee must not manage a claim in respect of an injury, loss or damage suffered by, or the death of, any of its employees, whenever occurring; and
(b) Comcare must manage any claims mentioned in paragraph (a); and
(c) the licensee must:
(i) on receiving a claim or a notice or communication about a claim—give the claim, notice or communication to Comcare; and
(ii) give Comcare all documents, information and assistance reasonably required for Comcare to manage claims by employees of the licensee; and
(d) the licensee must pay to Comcare an amount determined by Comcare as the costs incurred by Comcare in managing claims in respect of an injury, loss or damage suffered by, or the death of, any of its employees that occurred while the licensee held a licence, unless regulation 14A applies.
(4) An act done, decision made or notice or communication given, received or made by the licensee in managing a claim is taken to have been done, made, given or received by Comcare.
(5) If the licensee was a party to a proceedings on a matter arising under the Act that had not been completed on the date of revocation, Comcare is taken for all purposes to be the party to those proceedings in place of the licensee.
(6) The Act continues to apply to the licensee and its employees.
(7) Comcare is liable under the Act for payments in respect of injury, loss or damage suffered by, or the death of, an employee of the licensee occurring on or after the date of revocation.
(8) The licensee is liable to pay premiums under the Act in respect of liability mentioned in subregulation (7).
14A Money payable under guarantee—licence of Commonwealth authority revoked
(1) This regulation applies if the Commission makes a demand for payment under a guarantee that is in force relating to a Commonwealth authority whose licence is revoked.
(2) The money payable in response to the demand (guarantee money) must be paid to Comcare.
(3) Comcare must pay all guarantee money it receives into a separate bank account until the money can be dealt with in accordance with this regulation.
Note: Money that is not immediately required for the purposes of Comcare may be invested: see section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities).
(4) To avoid doubt, Comcare holds guarantee money on its own account and not on behalf of the Commission or the Commonwealth.
(5) Comcare may use guarantee money to do any of the following:
(a) discharge a liability mentioned in paragraph 14(2)(b);
(b) meet a cost mentioned in paragraph 14(3)(d);
(c) reimburse itself if it has discharged a liability of that kind or met a cost of that kind without using guarantee money;
(d) reimburse itself for the cost of any arrangements made by it under subregulation 14B(1) that is not paid directly to Comcare by the Commonwealth authority.
(6) If Comcare has received an actuarial report assessing the total value of any amounts of a kind mentioned in paragraph (5)(a), (b) or (d) that are likely to become payable in the future, Comcare may take from the guarantee money an amount equal to the assessment.
(7) If Comcare determines that:
(a) there are unlikely to be any further outgoings of guarantee money under subregulations (5) and (6); and
(b) there is any guarantee money remaining;
Comcare must deal with the remaining money in the way provided for in the guarantee.
(8) However, if the guarantee does not make any provision about how the remaining money is to be dealt with, Comcare must pay the remaining money:
(a) to the Commonwealth authority; or
(b) if the Commonwealth authority no longer exists:
(i) in accordance with any legislation that makes provision about the distribution of the assets of the former Commonwealth authority; or
(ii) in any other case—to the bank or other body that paid the money to Comcare.
14B Performance of employer functions following revocation of licence—Commonwealth authorities
(1) If:
(a) the Commission revokes the licence of a Commonwealth authority; and
(b) Comcare considers that it would be appropriate to do so;
Comcare may arrange for the employer functions of the Commonwealth authority in relation to affected employees to be performed by a person:
(c) whom it considers suitable to perform those functions; and
(d) who is willing to enter into an arrangement with Comcare for the performance of the functions.
(2) In this regulation:
affected employee means an employee to whom a liability mentioned in paragraph 14(2)(b) relates.
employer functions, in relation to an affected employee, are the following:
(a) acting as the rehabilitation authority for the employee;
(b) acting as the relevant employer, within the meaning of subsection 40(2) of the Act, of the employee;
(c) acting for the Commonwealth authority in making:
(i) a request for reconsideration of a determination under paragraph 62(2)(c) of the Act; or
(ii) an application for review of a reviewable decision under paragraph 64(1)(c) of the Act.
15 Consequences of revocation of licence—eligible corporations
(2) If the licence authorised the licensee to accept liability under the Act for payments in respect of injury, loss or damage suffered by, or the death of, any of its employees:
(a) the licensee ceases to be liable under the Act for payments in respect of any injury, loss or damage suffered by, or death of, an employee occurring on or after the date when the licence is revoked; and
(b) the licensee remains liable under the Act for payments in respect of injury, loss or damage suffered by, or the death of, an employee occurring before the licence was revoked.
(3) If the licence authorised the licensee to accept responsibility to manage claims:
(a) the licensee must manage a claim in respect of an injury, loss or damage suffered by, or the death of, an employee occurring before the revocation; and
(b) the licensee must not manage a claim in respect of any injury, loss, damage or death occurring on or after the date of revocation; and
(c) the licensee remains a party to proceedings in respect of any matter arising under the Act that had not been completed on the date of revocation.
(4) Except as provided by subregulations (2) and (3):
(a) the Act ceases to apply to the licensee and its employees; and
(b) the laws of the States and Territories providing for workers’ compensation apply to the licensee.
15A Money payable under guarantee—eligible corporations
(1) This regulation applies if:
(a) the Commission makes a demand for payment under a guarantee that is in force relating to an eligible corporation; and
(b) the licence of the eligible corporation is revoked:
(i) at the initiative of the Commission under paragraph 106(1)(b) of the Act; or
(ii) at the request of the eligible corporation under section 107 of the Act.
(2) The money payable in response to the demand (guarantee money) must be paid to Comcare.
(3) Comcare must pay all guarantee money it receives into a separate bank account until the money can be dealt with in accordance with this regulation.
Note: Money that is not immediately required for the purposes of Comcare may be invested: see section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities).
(4) To avoid doubt, Comcare holds guarantee money on its own account and not on behalf of the Commission or the Commonwealth.
(5) Comcare may take from the guarantee money:
(a) any amounts needed:
(i) to discharge any liability mentioned in paragraph 15(2)(b) that it decides to discharge; and
(ii) to meet claims management costs, for any claims mentioned in paragraph 15(3)(a) (relevant claims) that it decides to manage or arrange to be managed, that are not paid directly to Comcare by the eligible corporation; and
(iii) to enable Comcare to meet the cost of any arrangement mentioned in subregulation 15B(1) that it decides to make; and
(b) if Comcare has received an actuarial report assessing the total value of any amounts needed for a purpose mentioned in paragraph (a) that are likely to become payable in the future—an amount equal to the assessment.
(6) If Comcare determines that:
(a) there are unlikely to be any further outgoings of guarantee money under subregulation (5); and
(b) there is any guarantee money remaining;
Comcare must deal with the remaining money in the way provided for in the guarantee.
(7) However, if the guarantee does not make any provision about how the remaining money is to be dealt with, Comcare must pay the remaining money:
(a) to the eligible corporation; or
(b) if the eligible corporation no longer exists:
(i) in accordance with any legislation that makes provision about the distribution of the assets of the former eligible corporation; or
(ii) in any other case—to the bank or other body that paid the money to Comcare.
(8) Comcare may decide:
(a) to manage relevant claims; or
(b) to arrange for some, or all, relevant claims to be managed by a person:
(i) whom it considers suitable to manage the claims; and
(ii) who is willing to enter into an arrangement with Comcare for the management of the claims.
(9) If Comcare manages a relevant claim under paragraph (8)(a), Comcare must determine an amount as the costs incurred by Comcare in managing the claim.
(10) Each of the following is a claims management cost:
(a) the cost of an arrangement mentioned in subparagraph (8)(b)(ii);
(b) the amount mentioned in subregulation (9).
(11) The eligible corporation must:
(a) on receiving a relevant claim or a notice or communication about a relevant claim—give the claim, notice or communication to Comcare; and
(b) give Comcare all documents, information and assistance reasonably required for Comcare to manage the relevant claim.
15B Performance of employer functions following revocation of licence—eligible corporations
(1) Comcare may arrange for the employer functions in relation to affected employees of an eligible corporation whose licence is revoked to be performed by a person:
(a) whom it considers suitable to perform those functions; and
(b) who is willing to enter into an arrangement with Comcare for the performance of the functions.
(2) In this regulation:
affected employee means an employee to whom a liability mentioned in paragraph 15(2)(b) relates.
employer functions, in relation to an affected employee, are the following:
(a) acting as the rehabilitation authority for the employee;
(b) acting as the relevant employer, within the meaning of subsection 40(2) of the Act, of the employee.
15C Compensation for acquisition of property
(1) If the payment of money by Comcare under subregulation 14A (7) or (8) or 15A(6) or (7) results in the acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of compensation, the person may start proceedings in a court of competent jurisdiction for recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(3) In determining a reasonable amount of compensation under this regulation, regard must be had to any amount of compensation paid or payable to the person in relation to the acquisition by a person other than the Commonwealth.
(4) In this regulation:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
Part 6—Miscellaneous
16 Entities and principal officers
(1) For paragraph (c) of the definition of Entity in subsection 4(1) of the Act, each person, body, organisation or group of persons mentioned in an item of Schedule 4 is prescribed.
(2) For paragraph (c) of the definition of principal officer, in relation to an Entity, in subsection 4(1) of the Act, the principal officer of an Entity mentioned in column 2 of Schedule 4 is the person from time to time holding or acting in the office mentioned in column 3 in relation to that Entity.
17 Forms of medical treatment
(1) For paragraph (i) of the definition of medical treatment in subsection 4(1) of the Act, therapeutic treatment by, or under the supervision of, any of the following persons is prescribed:
(a) an occupational therapist;
(b) an optometrist;
(c) a podiatrist;
(d) a psychologist;
(e) a speech therapist.
(2) For subregulation (1), the person must be:
(a) registered under the law of a State or Territory providing for the registration of persons of that kind; or
(b) if there is no such law, a member of a relevant professional association.
18 Fee for approved guide
For subsection 28(8) of the Act, the fee is $30.
19 Prescribed day for providing information to Comcare
For the definition of prescribed day in subsection 97F(3) of the Act, 31 March is prescribed for 2003 and each subsequent year.