
Organisations must comply with the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) when managing reviews and reconsiderations. When there is a review or a reconsideration of a rehabilitation determination, the responsible officer considers the SRC Act and the Rehabilitation guidelines for employers (the s. 41 guidelines) before making their decision.
A review can be defined as the process in which the primary determination is re-examined. A reconsideration can occur when an employee who is dissatisfied with a determination made by the relevant authority asks for a reconsideration of the determination by a delegate not involved with the original decision.
The above refers to reviews under s. 38 of the Act and reconsiderations under s. 62 of the Act.
Employers and employees have a right under the Act to a review and reconsideration of decisions and determinations.
Organisations must ensure that proper processes are in place when managing reviews or reconsiderations and that staff involved in the rehabilitation and return to work processes are aware of these processes.
Comcare conducts the review and reconsideration function for premium payers.