Recent amendments have been made to the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) and the Safety, Rehabilitation and Compensation Regulations 2019 (the Regulations). We’ve summarized the key points for you; continue reading to see the highlights of these legislative changes.
Amendment effective: 15 December 2023
First responders diagnosed with PTSD no longer have to prove their condition was significantly contributed to by their job under the SRC Act, effectively reversing the onus of proof from injured workers to employers.
Amendments effective: 14 June 2024
Part 2 of Schedule 3 to the Fair Work Legislation Amendment (Closing Loopholes) Act 2023, amended the SRC Act by inserting sections 36(3A) and 57A which required Comcare to develop a Guide for Arranging Rehabilitation Assessments and Requiring Examinations which limits the power to arrange rehabilitation assessments and independent medical examinations under sections 36 and 57 of the SRC Act. The Guide provides a requirement for decision makers to rely on treating medical practitioners as much as possible and limit the number of rehabilitation assessments and medical examinations that may be required.
Additionally, decisions under section 57 of the SRC Act including the requirement to attend a medical examination will be considered to be determinations as defined in section 60, and will therefore be reviewable by the Administrative Appeals Tribunal.
The new Guide has just been released and we will be providing training on it shortly.
Amendment effective: 1 April 2024
The Regulations now provide prescribes timeframes for decision making under the SRC Act in relation to initial claims for workers’ compensation made under section 14 of the SRC Act, and for reconsiderations of determinations following a request made by a claimant. The Regulations prescribe the following periods for decision-making:
- 20 calendar days for claims made in respect of an injury (other than a disease) or an aggravation of an injury (other than a disease);
- 60 calendar days for claims made in respect of a disease; and
- 30 calendar days to decide a request by a claimant to reconsider a determination.
The new provisions also clarify that the periods prescribed for decision-making in relation to section 14 determinations do not include certain specified periods. These ‘stop-clock’ measures only apply to initial claims under section 14 and do not appl to reconsideration requests made by a claimant. These ‘stop clock’ measures essentially free the calendar day count while waiting for additional evidence or information requested by the determination authority, or information the claimant has advised they will be providing in support of their claim.
The calendar day count stops on the day
- information is requested by the determining authority;
- written notice if given to the claimant to undergo an IME examination; or
- the claimant advises they will be providing further information.
The calendar day count recommences on the day after (regardless if this day is a Saturday, Sunday, or public holiday):
- the requested information is received;
- the claimant and/or the employer advises that the information cannot be provided; or
- the date the determining authority reasonably believes either:
- the claimant will not provide any further evidence; or
- the principal officer of an employer has failed to comply with a section 71 notice.
Your Fed Comp specialists:
Claire Tota, Partner
Kate Watson, Partner
Brett Ablong, Partner
Shelley Johnson, Special Counsel
Lauren Bishop, Associate
Lavanya Kumar, Solicitor
Alida Vrey, Solicitor
Ruby Wang, Paralegal
Caitlin Jenkins, Paralegal
Zohra Davies, Paralegal
