Administrative and scheme delivery changes

Comcare

Self-insured Licensees

The following self-insurance licences under the Safety, Rehabilitation and Compensation Act 1988 commenced:

• Telstra Limited (formerly Network Design and Construction Limited) - 8 December 2022
• Amplitel Pty Ltd - 1 May 2023.

Policy Developments

Comcare

Prevention Strategy

The Comcare Prevention Strategy aims to provide a coordinated pathway to support workplaces to prevent harm and enable a culture of health and safety, compliance and reporting. 

The Strategy outlines how Comcare will support workplaces to focus on prevention and early intervention to address 3 priority areas that we believe will have the biggest impact on workers and workplaces in the Comcare scheme: 

• bullying and harassment including workplace sexual harassment
• work demands, and 
• body Stressing.

The Strategy was developed in consultation with unions via the Australian Council of Trade Unions (ACTU) and employers via the Australian Public Service Roundtable and the Deputy Secretaries Safety and Compensation Forum.

In November 2022 Comcare published the Prevention Strategy on our website and promoted it via LinkedIn, social media, the Licensee Liaison Forum and stakeholders involved in the development of the Strategy. 

The following activities have been delivered as part of the Prevention Strategy: 

• established a psychosocial inspectorate team 
• guidance developed on the new Psychosocial Code of Practice and the 14 hazards 
• compliance and Monitoring activities in 2023 focusing on bullying and harassment
• delivered education and training on sexual harassment (micro-learns, eLearns and workshops) 
• commenced a research project on workplace bullying and harassment 
• developed 10 videos and best practice guidance for managers on Good Work Design, promoted at Employer forums, webinars, and targeted meetings with employers 
• delivered education and training on psychosocial hazards 
• developed infographics on work demands, bullying and harassment and body stressing 
• held a Safe Work Month Webinar on body stressing and work design 
• developed a factsheet on the link between musculoskeletal disorders and psychosocial factors. 

NewAccess workplaces

Comcare led a 2-year early intervention mental health initiative – NewAccess workplaces (the Program) – making the service accessible to up to 120,000 full-time equivalent employees (FTE) across 16 participating Australian Public Service (APS) agencies. The Program was rolled-out to participating agencies from 15 June 2020. NewAccess, developed by Beyond Blue, is a Low-intensity Cognitive Behavioural Therapy (LiCBT) for individuals with mild to moderate levels of anxiety and/or depression. It is an expansion trial and follows from Comcare’s successful NewAccess Pilot in 2018-19, which showed that NewAccess is appropriate and effective for workplaces. 

The Program was independently evaluated at 1-year and 2-years. Key findings from the final evaluation include:

• 72% of participants who met the clinical threshold for anxiety and depression were below these levels when they completed the treatment
• The Program met the needs of workers using the service and contributed towards improvements in engagement in the workplace
• The Program enhances self-reported job satisfaction and productivity
• The Program contributes to the promotion of mental health prevention and/or early intervention
• The Program has a strong return on investment for employers, with an expected return of $1.60 in productivity benefits from every dollar invested
• The main reasons for accessing the Program include personal issues, work issues, relationship difficulties and changes in the workplace.

The trial concluded in September 2022, with Comcare Executive endorsing the delivery of the Program for a 3 year period, with a plan to make it progressively available to all APS agencies. Planning for this is currently underway. 

Legislative Amendments

Comcare

Safety, Rehabilitation and Compensation Amendment (Period for Decision-making) Regulations 2023

The Safety, Rehabilitation and Compensation Amendment (Period for Decision-making) Regulations 2023 amended the Safety, Rehabilitation and Compensation Regulations 2019 to prescribe periods for decision making in relation to initial claims for liability and requests made to reconsider a determination under the Safety, Rehabilitation and Compensation Act 1988. The Regulations commence on 1 April 2024.  

Fair Work Legislation Amendment (Closing Loopholes) Act 2023

The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 passed the Senate on 7 December 2023 and became an amending Act following Royal Assent on 14 December 2023.The Act amended the SRC Act to include:

• PTSD for first responders presumption  
  • New disease provisions (presumptive liability) for defined first responders who suffer or are suffering from Post Traumatic Stress Disorder (PTSD) which include: 
    • first responders including Australian Federal Police (AFP) employees
    • employees employed as a firefighter, ambulance officer (including as a paramedic)
    • an emergency services communications operator
    • a member of an emergency service within the meaning of the Emergencies Act 2004 (ACT), the Australian Border Force Commissioner and APS employees of the Australian Border Force.
  • New provisions that require a PTSD diagnosis to be made by a legally qualified medical practitioner or psychologist in accordance with the Diagnostic and Statistical Manual of Mental Disorders – fifth edition test revision (DSM-5-TR).  
  • The power for the Minister to declare by legislative instrument: 
    • further classes of employees to whom the presumptive cover applies (where the Minister is satisfied that the incidence of PTSD among the class of employees is significantly greater than the incidence of PTSD among the general public), and 
    • a later edition of the DSM for the PTSD diagnostic criteria.
  • Presumptive liability for first responders commenced on 15 December 2023, and apply to PTSD, or aggravations of PTSD, suffered after commencement.
• Guide for arranging rehabilitation assessments and requiring examinations 
  • The requirement for a Guide for Arranging Rehabilitation Assessment and Requiring Examinations (Guide) to support the exercising of powers to arrange rehabilitation assessments and independent medical examinations.
  • Comcare must prepare the Guide in consultation with the Safety, Rehabilitation and Compensation Commission (SRCC) and the Guide must be approved by the Minister. 
  • The requirement that SRC Act delegates must comply with the Guide when deciding whether to arrange for an employee to undergo a rehabilitation assessment or medical examination.
  • New provisions will inform the development of the Guide, including: 
    • reliance on the treating medical practitioner as much as possible
    • specification of circumstances in which it is appropriate to require an employee to undergo a rehabilitation assessment or examination
    • limitations on the frequency of the number of rehabilitation assessments and medical examinations that an employee may be required to undergo
    • qualifications of the person that may conduct a rehabilitation assessment or an examination of an employee
    • requirements that the decision maker take into account the views of the employee about the selection of the person who will conduct the rehabilitation assessment or examination
    • provision of a notice of the employee rights and obligations in relation to a rehabilitation assessment or examination, and 
    • any other relevant matters.   
  • These legislative amendments commence on 14 June 2024.  
• Definition of determination
  • Section 57 (power to require an employee to attend an independent medical examination) will be included in the definition of 'determination’ under section 60 of the SRC Act.
  • Section 57 decisions will now be required to be notified in writing and can be subject to reconsideration and review by the Administrative Appeals Tribunal.
  • These changes will apply to examinations conducted from 14 June 2024. 

Safety, Rehabilitation and Compensation Directions Amendment Instrument 2023

The Safety, Rehabilitation and Compensation Directions Amendment Instrument 2023 was made by the Minister for Employment and Workplace Relations and registered on the Federal Register of Legislation on 9 June 2023.

The instrument amends the Safety, Rehabilitation and Compensation Direction 2019 to introduce a new direction requiring that in determining an application for a new licence under section 104 of the SRC Act, the primary criteria to be considered by the Commission is whether it is satisfied, on reasonable grounds, that:

• the licence applicant is a member of a corporate group in which a majority of employees in the corporate group are, at the time of the application, covered by the Act, and
• the licence would not result in an overall reduction in workers’ compensation entitlements for the employees of the applicant to be covered by the Act.

The new instrument commenced on 10 June 2023. 

Safety, Rehabilitation and Compensation Act 1988 – Guide to the Assessment of the Degree of Permanent Impairment Edition 3.0

The legislative instrument that provided for the Guide to the Assessment of the Degree of Permanent Impairment – Edition 2.1 made under the SRC Act expired on 1 April 2023. 

The Minister for Employment and Workplace Relations approved the new legislative instrument that provides for the Guide to the Assessment of the Degree of Permanent Impairment- Edition 3.0 under the SRC Act on 7 March 2023.

On 1 April 2023, the Guide to the Assessment of the Degree of Permanent Impairment- Edition 3.0 came into effect and applies to permanent impairment and non-economic loss claims received on or after that date.

Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022

Following the passage of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, the SRC Act was amended to broaden the presumptive liability for firefighter provisions and streamline access to workers’ compensation for firefighters covered by the Act.

The legislative amendments commenced on 7 December 2022 and include: 

• reducing the qualifying period for oesophageal cancer from 25 years to 15 years in relation to primary site oesophageal cancer sustained by an employee on or after 4 July 2011.
• extending coverage of the firefighter provisions to persons taken to be employed by the Australian Capital Territory by operation of a declaration made under subsection 5(15) of the SRC Act (volunteer firefighters).
• updating the references to the emergency services legislation of the Australian Capital Territory included in the SRC Act.
• amending subsection 7(9)(a) of the SRC Act to specify that an employee is taken to have been employed as a firefighter if firefighting duties made up a 'not insubstantial portion of their duties'.
• introducing the ability for the Australian Capital Territory (ACT) to establish an 'ACT firefighting advisory committee' to assist in the determination of whether firefighting or related duties have made up a 'not insubstantial' portion of the duties for ACT volunteer firefighters covered by the SRC Act.

Seacare

Seafarers Rehabilitation and Compensation Directions 2023

The Seafarers Rehabilitation and Compensation Directions 2023 was made by the Minister for Employment and Workplace Relations and registered on the Federal Register of Legislation on 30 June 2023.

The instrument repeals the Seafarers Safety Rehabilitation and Compensation Direction 2006(1) and introduced a new direction requiring that the Seacare Authority amend its Exemption Guide to specify that: 

• the integrity and ongoing viability of the Seacare scheme is a primary factor in determining all applications for exemption from the operation of the Seafarers Act under section 20A of that Act, and 
• a reduction in workers’ compensation entitlements for affected seafarers is a primary factor in determining not to grant an exemption under section 20A of the Seafarers Act where the Seacare Authority is satisfied that a reduction in entitlements would be a likely outcome for the employees on a particular ship, and 
• where an applicant requests an exemption from the application of the Seafarers Act under section 20A on the grounds that workers’ compensation insurance under the Seafarers Act is unavailable, a primary factor in determining the application is whether the Seacare Authority is reasonably satisfied that the applicant has taken all reasonable steps to obtain insurance or indemnification for the applicant’s workers’ compensation liability under the Seafarers Act. 
• the applicant has state or territory insurance in all jurisdictions in which it operates, is a primary factor in determining all applications for exemption from the operation of the Seafarers Act under section 20A of that Act.

The new instrument commenced on 1 July 2023.