Regulation Policy Overview
On this page:
- Who should read this policy?
- Comcare Regulation Policy regulation
- Comcare's aims and key principles of regulation
In 2010-11 Comcare started implementing its 2015 Strategic Plan. Comcare is reshaping its role and has identified opportunities for improving the health and safety outcomes of workers and supporting workers when they are injured, in the Comcare scheme.
This Regulation policy is effective from 28 March 2011.
There will be a stronger preventive focus to improve the health, wellbeing and safety experience of workers. There will also be a stronger focus on assisting injured workers to return to health and achieve an early and sustained return to work and an expansion of national safety and rehabilitation audit programs to federal government employers. This document should be read together with Comcare's:
- Annual Work health and safety plan
- Better practice guidance to decision making (PUB 75)
- Rehabilitation guidelines for employers (PUB 19)
Note that Comcare's Regulation Policy will continue to be revised and reviewed consistent with the developing regulatory environment.
Who should read this policy?
Anyone who owes a duty under the Occupational Health and Safety Act 1991 (OHS Act) in relation to occupational health and safety and anyone with responsibilities under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) including:
- Commonwealth departments, agencies, authorities and Government Business Enterprises (GBEs)
- employees of Commonwealth departments, agencies, authorities and GBEs
- non-Commonwealth licensees and their employees
- manufacturers and suppliers of plant and substances
- persons erecting or installing plant in the workplace
- approved rehabilitation providers.
Comcare Regulation Policy in the Commonwealth Jurisdiction
Comcare assists the Safety Rehabilitation and Compensation Commission (the Commission) in ensuring that employers, employees and others comply with the OHS Act and SRC Act. (1)
Comcare adopts a regulatory philosophy which seeks to work in partnership with workers, their employers, unions and approved rehabilitation providers to:
- keep workers healthy and safe at work
- reduce the incidence and cost of workplace injury and disease
- assist injured workers return to health and achieve an early and sustained return to work
- encourage best practice in prevention, rehabilitation and claims management
- apply appropriate regulatory sanctions for any demonstrable failure to meet statutory obligations.
We partner with federal workers, their employers and unions to keep workers healthy and safe at work, and reduce the incidence and cost of workplace injury and disease.
We will:
- promote worker health, wellbeing and resilience
- respond to safety incidents in a timely way
- seek to ensure appropriate outcomes in response to death or serious injury
- promote early intervention, and early and safe return to work.
Comcare's regulatory approach is one characterised by a continuum of available measures ranging from encouraging better practice through partnerships and collaboration, to education, audit, assurance and enforcement activities.
Comcare is in a unique position, as it operates across all Australian states and territories, to identify areas of weakness in jurisdictional coverage, and coordinate approaches to reduce the regulatory burden and address gaps in health and safety. Comcare's jurisdiction is distinct as the scheme mostly consists of large employers who have relatively mature work health and safety systems.
Comcare's aims and key principles of regulation
Comcare's primary emphasis in regulation is to assist and ensure compliance with legislative obligations and encourage best practice through the provision of programs that build workplace capability to properly manage workplace risks and assist injured workers achieve an early and sustained return to work. Comcare undertakes compliance and enforcement activities in order to:
- ensure access to information about OHS and SRC laws and how to comply
- ensure compliance with OHS and SRC laws or to ensure that those who fail to comply are held to account
- ensure risks are eliminated or properly controlled
- take action to deal immediately with serious risks
- ensure there are appropriate systems in place to effectively manage compensation, rehabilitation, and return to work
- encourage best practice in return to work and injury management
- provide a robust rehabilitation provider approval system
- promote collaboration and effective return to work outcomes for all stakeholders
- promote innovation and continuous improvement in return to work solutions
- promote and achieve sustained compliance with the law
- deter non-compliance
- prevent workplace injury.
The key principles of regulation underpinning Comcare's compliance and enforcement activities are:
- Transparency-Comcare demonstrates impartiality, balance and integrity.
- Consistency-Comcare endeavours to ensure that similar circumstances lead to similar enforcement outcomes, thus providing greater protection and certainty.
- Constructive-Comcare provides support, advice and guidance to help people comply with OHS and SRC laws.
- Accountable-Comcare is willing to explain enforcement decision making and uphold avenues of complaint or appeal.
- Proportionate-compliance and enforcement responses are proportionate to the seriousness of the non-compliance.
- Cooperation with stakeholders to ensure maximum compliance.
(1) A reference to the OHS Act or SRC Act includes a reference to associated regulations and legislative instruments.