Employer eNews - January 2011

Comcare Regulation Policy revised—we want your feedback

Our 2015 Plan has redefined Comcare as a more integrated, preventative and proactive regulator—understanding workplaces in the scheme and ensuring appropriate systems are in place.

In the past we have published an OHS Enforcement Policy. We now include enforcement within a broader policy encompassing our approach to regulation under both the SRC Act and the OHS Act—adding balance and visibility to all our regulatory effort. We have also revised our Regulation Policy to reflect the principles in the National Occupational Health and Safety (OHS) Compliance and Enforcement Policy (national policy)—agreed to by all Australian work health and safety jurisdictions and Comcare's 2015 Strategic Plan. We are seeking your feedback.

The revised regulation policy should be read together with the annual Work Health and Safety Plan and will be supplemented by other documents including new rehabilitation guidelines. 

Key changes to the policy include:
 
(a) a wider range of compliance assistance and monitoring services with a focus on prevention and on ensuring that appropriate systems are in place to assist injured workers return to health and to an early and sustained return to work

(b) updated information in relation to enforceable undertakings to reflect that there has been a significant increase in the number of enforceable undertakings accepted by Comcare and lessons learned

(c) building an inspectorate capability to facilitate co-operative compliance activities and reflect developments in the model work health and safety legislation

(d)  include information about Comcare’s regulatory approach.

The revised regulation policy is consistent with Comcare’s Work Health and Safety Plan 2010-11 and implements the prevention components of Comcare’s 2015 Strategic Plan by focusing our efforts on identified health and safety related priorities.

We are now seeking your feedback on this policy via email and welcome other comments on material that may complement the new regulatory framework by COB Monday 21 February 2011. 

Improved service delivery for injured workers

The Recovery and Support Group delivers claims related services. We are committed to strengthening our service to injured workers, improving injury management practices and return to work outcomes and improving decision making through better support tools.   

Today we implemented our new co-designed service delivery model for claims management. This will allow claims to be managed, based on the individual needs of the injured worker.

In order to provide this service, we will be reorganising our claims teams. All new claims will be determined by the First Contact team, and then allocated to one of the following teams:

• Stay at Work
• Return to Work
• Return to Independence
• Asbestos and Lump Sum.

This new claims segmentation approach and service delivery model will allow our Claims Services Officers to provide customised service and timely support to injured workers, employers and treatment providers.

We will be contacting all agencies to provide details of our new approach. For more information please contact Lesley Morrison, General Manager of the Recovery and Support Group on 1300 366 979 or via email.

Reasonable administrative action—how has the Tribunal interpreted this issue?

In 2007, the definition of injury in the Safety, Rehabilitation and Compensation Act 1988 was amended to exclude those conditions (usually psychological diseases) that arose as a result of ‘reasonable administrative action undertaken in a reasonable manner’.

Several recent Administrative Appeals Tribunal decisions have considered compensation claims that had been rejected on the basis that an employee’s injury was as a result of reasonable administrative action undertaken in a reasonable manner. The action has consistently been related to performance improvement processes.

Recent Tribunal decisions demonstrate that performance review processes have the potential to cause harm to employees if not handled in a reasonable way. These cases reveal that it is essential for employers to comply as closely as possible with agency policies and procedures in relation to performance review and improvement plans, give adequate notice if such plans are to be commenced and the reasons for any such plans. Finally, it is essential that managers keep adequate records of the key conversations and steps in the process.

Download recent case decisions.

Model Work Health and Safety Legislation

Safe Work Australia has released the model Work Health and Safety (WHS) Regulations package for public comment until 4 April 2011. The public comment period is an opportunity for federal agencies, licensees and workers to express their opinions on the model WHS Regulation package.

Commonwealth departments and agencies who have comments or queries on the model WHS Regulations are encouraged to direct these to Comcare via email. Comcare and the Department of Education, Employment and Workplace Relations will collate comments to develop a consolidated Commonwealth position before submitting it to Safe Work Australia.