Guide for Arranging Rehabilitation Assessments and Requiring Examinations
Comcare is preparing this Guide following recent legislative changes.
About the Guide
On 14 December 2023 amendments to the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) were made by Parliament through the Fair Work Legislation Amendment (Closing Loopholes) Act 2023. These amendments require Comcare, among other things, to prepare a Guide for Arranging Rehabilitation Assessments and Requiring Examinations (the Guide). Comcare is required to prepare the Guide in consultation with the Safety, Rehabilitation and Compensation Commission.
The object of the Guide is to support ethical, transparent and accountable decision-making in relation to rehabilitation assessments under subsection 36(1) of the SRC Act and when requiring employees to undergo examinations under subsection 36(3) or 57(1), including appropriate consideration of the employee’s personal circumstances.
Once approved by the Minister of Employment and Workplace Relations, the Guide will be a legislative instrument. It is Comcare’s intention for the Guide to be registered on the Federal Register of Legislation by 14 June 2024.
Rehabilitation and relevant authorities will need to comply with the Guide when arranging rehabilitation assessments and requiring employees to undergo examinations.
Consultation on the draft Guide has now closed
Consultation on the draft Guide closed on Thursday, 18 April 2024. Thank you to those who provided feedback.
What happens next
Comcare will consider stakeholder feedback and may make further amendments to the Guide prior to seeking the Minister's approval. While there will not be further consultation on the Guide, Comcare will be undertaking activities to support relevant stakeholders with the commencement of the Guide.
More information
If you have questions or require more information about the Guide, please contact SchemePolicyandDesign@comcare.gov.au
