Putting you first at the centre of what we do. Keeping you healthy and safe at work. Supporting you when you are harmed at work. Ensuring your scheme works and is sustainable.

Appendices

Section 8 of the Freedom of Information Act 1982 (FOI Act) requires Comcare to publish
information about

the organisation and functions of the agency and decision making powers and other powers affecting people involved in those functions
arrangements that exist for outside participation in agency decision making
the categories of documents that the agency possesses
how people can gain access to information held by the agency.

Comcare also provides secretarial support and assistance to the Safety, Rehabilitation and Compensation Commission and the Seacare Authority including processing of any applications under the FOI Act.

Organisation, functions and decision-making powers

Information on the organisation, functions and powers of Comcare can be found within the Comcare Overview section of this report.

Arrangements for outside participation

Comcare has regular contact with clients and stakeholders. There are formal and informal consultative mechanisms in place to allow organisations and people to participate in the formulation and administration of policy by Comcare.

These include

Commonwealth Compensation Liaison Committee
Jurisdictional Consultative Group
Licensee/Comcare Consultative Forum
Comcare Customer Forums
Over The Horizon Group.

Comcare also has a general policy of inviting comment on significant policy issues before decisions are made. This includes consulting with industry groups and welcoming feedback from other interested parties.

Categories of documents

The following documents are available for inspection at Comcare offices or on its website

documents relating to administration, including such matters as personnel, finance, property and resource management
agreements to which the Commonwealth is a party, for example, in relation to the provision
to the Commonwealth of OHS services by the States/Territories
briefing papers, submissions and reports relevant to Comcare’s functions
internal publications for the guidance of Comcare officers and others
hard copy and electronic files on the range of the organisation’s activities.

Full details of manuals, guidelines and instructions held within Comcare are in the statement prepared to comply with Section 9 of the FOI Act and are available upon request.

Comcare produces a range of publications. Information about Comcare’s publications may be obtained by contacting Comcare’s General Enquiry Line, or by visiting the website.

Access to documents

Under section 59 of the Safety, Rehabilitation and Compensation Act 1988, injured employees
may request copies of all documents relating to their claim. Similar rights are conferred on employers to request information or documents held by Comcare relating to their employees. This method of requesting documents results in limited numbers of requests under the FOI Act.

In relation to matters other than claims management Comcare will, wherever possible, meet requests for access to documents that satisfy the requirements of the FOI Act.

Comcare is responsible for monitoring and reporting on requests under the FOI Act. The Department of Veterans’ Affairs, which manages Australian Defence Force (ADF) claims under delegation from Comcare, handles requests from serving and former members of the ADF.

Access to documents is usually given by providing photocopies of the documents, but alternative arrangements (such as inspection of original documents) can be arranged.

Requests for copies of documents under the FOI Act should be referred to the Freedom of Information Contact Officer, whose details are given in the Contact Information at the end of this report.

There were 11 requests under the FOI Act during 2003 – 04. As requests for information from injured employees are generally in relation to income maintenance, Comcare’s policy has been to not impose charges so as to avoid causing financial hardship. However, where the work required is substantial, charges may be applied to meet costs.

APPENDIX 2: PRIVACY

Comcare needs to collect personal and often sensitive information about people in order to perform its functions effectively. Comcare’s policy is that it takes its privacy obligations, as set out in the Privacy Act 1988, very seriously and is committed to meeting the highest standards when collecting, storing, using and disclosing personal information.

In 2003 – 04, Comcare’s privacy policy was reviewed and an updated CEO guideline with supporting training and technical material was issued, and privacy training is conducted on an ongoing basis. Comcare’s record keeping policies and procedures, and information systems security were also reviewed during 2003 – 04.

Comcare also participates in forums run by the Office of the Federal Privacy Commissioner and keeps abreast of impacts on the privacy environment.

Comcare received one formal complaint about a breach of privacy from the Office of the Federal Privacy Commissioner in 2003 – 04 that was resolved to the Office’s satisfaction. One other formal complaint that had been lodged with the Office in 2001 was withdrawn by the complainant in December 2003.

APPENDIX 3: COMPLAINTS HANDLING

In 2003 – 04, Comcare received 270 complaints. Of these, 154 were representations (70 Ministerial, 14 SRCC and 70 CEO) and 116 were Ombudsman’s enquiries. The bulk of these matters were raised by claimants.

Comcare has an internal complaints handling service, which handles contact from claimants, providers and employers. The area is also the first point of contact for enquiries from the Ombudsman’s Office, from Members of Parliament and for representations to the Chief Executive Officer or Minister.

Many claimants find it an easier alternative to call Comcare’s own complaints area for resolution
of their problem, rather than resorting to external bodies as the first point of call.

APPENDIX 4: PROSECUTIONS AND MINISTERIAL DIRECTIONS

Section 75A of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (OHS(CE) Act) provides that the annual report of Comcare must include

(a) details of all prosecutions instituted under this Act and the regulations during the year; and

(b) particulars of any directions given by the Minister to Comcare under subsection 12A(2)
during the year; and

Details of prosecutions instituted in 2003 – 04 are contained at page 60 of this report. There were no Ministerial directions issued under subsection 12A(2) of the OHS(CE) Act in 2003 – 04.

Section 90(2) of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) provides that the annual report of Comcare must include particulars of any directions given by the Minister to Comcare under section 73 of the Act. There were no such directions issued in 2003 – 04.

APPENDIX 5: SOCIAL JUSTICE AND EQUITY

Comcare is committed to the objective of enhancing social justice and equity, as outlined in the government’s Charter of Public Service in a Culturally Diverse Society.

In performing its functions, Comcare applies natural justice and is guided by the principles of equity, good conscience and the merits of each case, which is required by the Safety, Rehabilitation and Compensation Act 1988 (SRC Act).

Each year, Comcare audits the way it delivers its services and obtains feedback from injured employees on how services can be improved. As part of a Communications strategy launched
in 2002 – 03, Comcare delivers a newsletter to long-term claimants twice a year. The newsletter contains information on anything that has or will impact on entitlements for this group, and other general information about their dealings with Comcare. A number of changes were also made to computer systems to improve the automated letters sent to this client group.

All Comcare publications and other information about its services can be accessed through the Comcare website, or are available on request. Comcare also uses mail-outs to distribute publications and other information directly to injured employees, employers and service providers.

Comcare’s service delivery policies set detailed standards for responding to the needs and requirements of injured employees, employers and service providers.

APPENDIX 6: INDEMNITIES AND INSURANCE PREMIUMS

Comcare purchased Directors and Officers’ liability insurance and professional indemnity insurance for 2003 – 04 from Comcover. The insurance provided coverage for the Chief Executive Officer, senior executive staff and Safety, Rehabilitation and Compensation Commission members. Directors and Officers’ liability insurance covers the consequences of a wrongful act of these officers. The cost to Comcare of Directors and Officers’ insurance for 2003 – 04 was $102,060.

Professional indemnity insurance indemnifies the above officers for damages or judgements and legal costs awarded against the officers arising from the execution of or breach of their duty. Comcare is required to pay the first $20,000 of any claim made for professional indemnity. Comcare is also required to notify Comcover within 30 days of becoming aware of a claim for loss in respect of this insurance. The cost to Comcare for professional indemnity insurance for 2003 – 04 was $37,600.

There were no claims against these policies in 2003 – 04.

APPENDIX 7: ADVERTISING AND MARKET RESEARCH

Total payments by or on behalf of Comcare to advertising and market research organisations in 2003 – 04 were $128,419.

Market research was conducted by

Campbell Research & Consulting for the conduct of surveys for the Return to Work Monitor at a cost of $84,005.

Media advertising expenses were paid to

HMA Blaze Pty Ltd – $44,414.

The payments were for press advertising of employment opportunities within Comcare.

APPENDIX 8:
ECOLOGICALLY SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL PERFORMANCE

Following on from energy audits conducted in Comcare offices, URS Australia has been engaged to assist with the development of an environmental management system. The initial focus of the system will be to provide improved measurement facilities which can be used as a basis for monitoring and improving energy efficiency.

No Comcare activities have been identified as having an environmental impact as described under section 516A of the Environmental Protection and Biodiversity Conservation Act 1999.

APPENDIX 9: COMMONWEALTH DISABILITY STRATEGY

Comcare as employer

Performance indicator	Performance measure	Level of performance 2003 – 04
Employment policies, procedures and practices comply with the requirements of the Disability Discrimination Act 1992	Number of employment policies, procedures and practices that met the requirements of the Disability Discrimination Act 1992	Comcare regularly assesses and monitors policies, procedures and practices to ensure compliance with the requirements of the Disability Discrimination Act 1992
Recruitment information for potential job applicants is available in accessible formats on request	Percentage of recruitment information requested and provided in – accessible electronic formats – accessible formats other than electronic. Average time taken to provide accessible information in – electronic formats – formats other than electronic.	100% of recruitment information was available in electronic format 100% of recruitment information was available in hardcopy format Applicants with special needs who apply for employment opportunities with Comcare are invited to indicate if they require any special arrangements to help them present their claims to the selection advisory committee
Agency recruiters and managers apply the principle of ‘reasonable adjustment’	Percentage of recruiters and managers provided with information on ‘reasonable adjustment’	All Comcare staff involved in recruitment processes are provided with information on ‘reasonable adjustment’ Comcare’s guidelines for selection committees highlight the requirement under the Commonwealth Disability Strategy to apply the principle of ‘reasonable adjustment’ The guidelines also identify specific resources within Comcare to assist in assessing the suitability of applicants with special needs and making special arrangements if required
Training and development programs consider the needs of staff with disabilities	Percentage of training and development programs that consider the needs of staff with disabilities	Comcare staff are provided with training facilities that accommodate people with disabilities Comcare provides specialised equipment and/or facilities for employees, as needed
Performance indicator	Performance measure	Level of performance 2003 – 04
Training and development programs include information on disability issues as they relate to the content of the program	Percentage of training and development programs that include information on disability issues as they relate to the program	Where relevant to the content of the program, training and development programs include information on disability issues (eg. Comcare’s internal Legislative Training Program includes information about the Disability Discrimination Act 1992)
Complaints/grievance mechanism, including access to external mechanisms, in place to address issues and concerns raised by staff	Established complaints/grievance mechanisms, including access to external mechanisms, in operation	The Comcare Certified Agreement 2003 – 2005 outlines procedures for raising and resolving disagreements in the workplace. Employees also have access to the Review of Actions processes under the Public Service Act 1922 Comcare established a People Management Committee in 2003 to provide advice on strategic people management issues Comcare has a staff-management consultative forum, the Comcare National Consultative Committee Comcare conducted a staff survey in December 2003 to obtain feedback from staff on a range of organisational issues including leadership and management practices, workplace culture and climate, the performance management system and occupational health and safety

Comcare as provider

Performance indicator	Performance measure	Level of performance 2003 – 04
Providers have established mechanisms for quality improvement and assurance	Evidence of quality improvement and assurance systems in operation	Comcare has a dedicated quality assurance team that conducts audits on areas of service delivery In 2003 – 04, Comcare undertook an internal audit review of the quality system improvement program Comcare participates in an annual audit of its claims services using the Safety, Rehabilitation and Compensation Commission’s Management Systems Review and Improvement Program (MSRIP) Refer to page 103 of this report for further information on internal audit
Providers have an established service charter that specifies roles of the provider and consumer and service standards which address accessibility for people with disabilities	Established service charter that adequately reflects the needs of people with disabilities in operation	Comcare’s service charter specifies the role of key stakeholders and standards of service. It includes information about the Translating and Interpreting Service In 2003 – 04, Comcare – obtained feedback on the best ways to communicate with injured employees, employers and the public – developed a new publication explaining rights and entitlements to long term claimants – redeveloped the Claim for Compensation form to make it more accessible to claimants – monitored service delivery standards across all aspects of its business
Complaints/grievance mechanism, including access to external mechanisms, in place to address issues and concerns raised about performance	Established complaints/grievance mechanisms, including access to external mechanisms, in operation	Comcare has an internal complaints handling service which manages contact from claimants, providers and employers and enquiries from the Ombudsman’s office, from Members of Parliament and representations to the Chief Executive Officer or Minister

Comcare as policy adviser

Performance indicator	Performance measure	Level of performance 2003 – 04
New or revised program/policy proposals assess impact on the lives of people with disabilities prior to decision	Percentage of new or revised policy/program proposals that document that the impact of the proposal was considered prior to the decision making stage	Comcare applies risk assessment methodology to all programs
People with disabilities are included in consultations about new or revised policy/program proposals	Percentage of consultations about new or revised policy/program proposals that are developed in consultation with people with disabilities	Comcare has increased consultation with peak disability bodies to assist in the formulation of policy When drafting new guides and policies, Comcare continues to seek feedback from a range of stakeholders, including those representing people with disabilities
Public announcements of new, revised or proposed policy/program initiatives are available in accessible formats for people with disabilities in a timely manner	Percentage of new, revised or proposed policy/program announcements available in a range of accessible formats Time taken in providing announcements in accessible formats	All new policy proposals developed this year were made available to interested parties, primarily people with disabilities who either work, or worked for the Australian Government, as well as their employers, in electronic and hard copy formats. Comcare has a range of newsletters Working with You and Comcare News available for former employees and agencies in the formats outlined above and has a general enquiry line to respond to any special requests

Comcare as regulator

Performance indicator

Performance measure

Level of performance 2003 – 04

Publicly available information on regulations and quasi-regulations is available in accessible formats for people with disabilities

Percentage of publicly available information on regulations and quasi-regulations requested
and provided in:
– accessible electronic formats
– accessible formats other than electronic

Average time taken to provide accessible material in
– electronic format
– formats other than electronic

100% of information on regulations was available in electronic format

100% of information on regulations was available in hardcopy format

Comcare’s website was redesigned in 2003 – 04 to enable easier access by consumers

Publicly available regulatory compliance reporting is available in accessible formats for people with disabilities

As above