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Amendments to the SRC Act and SRC Regulations

For: Claimants Employers and managers Service providers Advocates Information seekers

Information on amendments that have been made to the Safety, Rehabilitation and Compensation Act 1988 and Regulations 2019.


Amendments to the SRC Act

Amendments to the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) have been made over time.

2011 SRC Act Amendments

The Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2011 came into effect on 7 December 2011. The changes include:

  • workers’ compensation coverage during an ordinary recess was reinstated
  • workers’ compensation coverage for employees while overseas in a declared place, or who belong to a declared class of employee, was extended
  • access to medical expenses compensation where payment of other compensation was suspended
  • Comcare was given access to the Consolidated Revenue Fund to pay certain compensation claims in respect of diseases with long latency periods.

2009 SRC Act Amendments

The Employment and Workplace Relations Amendment Act 2009 came into effect on 1 July 2008. The changes include:

  • an increase in lump sum compensation to $400,000 for dependants and $110 a week (to be increased annually) for prescribed children in the event of a work-related death.

2007 Safety, Rehabilitation and Compensation and Other Legislation Amendments

The Safety, Rehabilitation Compensation and Other Legislation Amendment Bill 2006 came into effect, with most of the changes commencing from 13 April 2007. The changes include:

  • injury and disease definitions that strengthen the connection between employment and eligibility for workers’ compensation
  • the calculation of weekly incapacity for employees who have retired and received a superannuation amount from a superannuation scheme
  • suitable employment means any employment (including self-employment) where workers are no longer employed by the Australian Government or a self-insured licensee
  • increases in the maximum level of funeral benefits payable.

Amendments to the SRC Regulations

Amendments to the Safety, Rehabilitation and Compensation Regulations 2019 (SRC Regulations) have been made over time.

SRC Regulations Amendments from 2010

Safety, Rehabilitation and Compensation Amendment Regulations 2010 (No.1)

Statutory rule: SR2010, No. 193
Made: 16 June 2010
Commenced (Gazette or Federal Register of Legislation): 1 July 2010 F2010L01881

Added the Australian Agency for International Development (AusAID) to the list of entities in schedule 4. Made the Director General of AusAID responsible for the rehabilitation of injured AusAID employees and for the payment of its Comcare premium.

Safety, Rehabilitation and Compensation Amendment Regulations 2011 (No. 1)

Statutory rule: SR 2011, No. 94
Made: 16 June 2011
Commenced (Gazette or Federal Register of Legislation): 22 June 2011 F2011L01094

Added the Australian Civilian Corps to the list of entities in schedule 4. Made the Director General of AusAID responsible for the rehabilitation of injured members of the Australian Civilian Corps.

Fair Work and Other Legislation Amendment (AusAID) Regulation 2013

Statutory rule: SR 2013, No. 242
Made: 21 November 2013
Commenced (Gazette or Federal Register of Legislation): 26 November 2013 F2013L01972

Integrated AusAID into the Department of Foreign Affairs and Trade on 1 November 2013. Made the Department responsible for the rehabilitation of injured employees of the Australia Civilian Corps.

Safety, Rehabilitation and Compensation Amendment (Entities and Other Measures) Regulation 2016

Made: 5 May 2016
Commenced (Gazette or Federal Register of Legislation): 1 July 2016 F2016L00718

Removed Comsuper and the Alligator Rivers Region Research Institute from the list of prescribed entities. Updated references to the Public Governance, Performance and Accountability Act 2013.

Safety, Rehabilitation and Compensation (Renewal date) Regulations 2018

Made: 11 October 2018
Commenced (Gazette or Federal Register of Legislation): 16 October 2018 F2018L01433

Amended paragraph 7(b) of the Safety, Rehabilitation and Compensation Regulations 2002 to extend the current renewal period for the approval of rehabilitation program providers under the Act by one year.

Safety, Rehabilitation and Compensation Regulations 2019

Made: 21 March 2019
Commenced (Gazette or Federal Register of Legislation): 28 March 2019 F2019L00423

Substantially remade the 2002 Regulations. Included some updates as well as minor amendments for clarity and consistency with modern drafting practices.

SRC Regulations Amendments 2000 to 2009

Safety, Rehabilitation and Compensation Act 1988 Amendment Regulations 2001 (No. 1)

Statutory rule: SR2001, No 70
Made: 5 April 2001
Commenced (Gazette or Federal Register of Legislation): 12 April 2001 Series: F2001B00129

Extensively amended the Act to introduce the defined term “Entity”, meaning an Agency, a Parliamentary Department or a prescribed organisation. Substituted the term “Entity” for “Department” throughout the Act.

Safety, Rehabilitation and Compensation Amendment Regulations 2001 (No. 1)

Statutory rule: SR2001, No 91
Made: 16 May 2001
Commenced (Gazette or Federal Register of Legislation): 17 May 2001 Gazette S 174

Inserted new regulation 2A and a schedule prescribing 11 organisations for the purpose of paragraph (c) of the definition of “Entity” in s4(1) of the Act.

Safety, Rehabilitation and Compensation Amendment Regulations 2002

Statutory rule: SR2002, No 56
Made: 27 March 2002
Commenced (Gazette or Federal Register of Legislation): 1 April 2002 Series: F2002B00055

Repealed and substituted the previous regulations. Included new regulations dealing with the index for increases in normal weekly earnings, the approval of rehabilitation program providers, licence arrangements and forms of medical treatment.

Safety, Rehabilitation and Compensation Amendment Regulations 2005 (No. 1)

Statutory rule: SR2005, No 233
Made: 20 October 2005
Commenced (Gazette or Federal Register of Legislation): 25 October 2005 F2005L03091

Amended regulation 18 to change the fee for a copy of the Approved Guide from $10 to $30.

Safety, Rehabilitation and Compensation Amendment Regulations 2006 (No. 1)

Statutory rule: SR2006, No 297
Made: 16 November 2006
Commenced (Gazette or Federal Register of Legislation): 1 December 2006 F2006L03691

Amended regulations 8 and 9 to change the application processing fees for the initial approval and renewal of approval as a rehabilitation program provider. The new fee levels are $480 and $360 respectively.

Safety, Rehabilitation and Compensation Amendment Regulations 2008 (No. 1)

Statutory rule: SR2008, No 87
Made: 30 May 2008
Commenced (Gazette or Federal Register of Legislation): 4 June 2008 F2008L01678

Extensively amended part 5 of the Regulations to provide for the consequences of suspending or revoking a licence under part VIII of the Act.

Safety, Rehabilitation and Compensation Amendment Regulations 2008 (No 2)

Statutory rule: SR 2008, No 126
Made: 24 June 2008
Commenced (Gazette or Federal Register of Legislation): 27 June 2008 F2008L02212

Amended the indexation of normal weekly earnings after the cessation of employment and certain other circumstances (section section 8(9F) and (9G) of the Act).

Safety, Rehabilitation and Compensation Amendment Regulations 2009 (No 1)

Statutory rule: SR 2009, No 336
Made: 25 November 2009
Commenced (Gazette or Federal Register of Legislation): 26 November 2009 F2009L04329

Amended regulations 8 and 9 by providing for a processing fee of $2000 for processing an application for initial approval of a person as a rehabilitation program provider and renewal fees of $1000 (1 state or territory), $3000 (2 or 3 states or territories) and $5000 (4 or more states or territories).

SRC Regulations Amendments 1988 to 1999

Commonwealth Employees’ Rehabilitation and Compensation Regulations

Statutory rule: SR1990, No 209
Made: 26 June 1990
Commenced (Gazette or Federal Register of Legislation): 4 July 1990

Repealed 1 April 2002. Regulation 3 prescribed a fee of $10 as the cost of the Permanent Impairment Guide made under section 28(8) of the Act.

Commonwealth Employees’ Rehabilitation and Compensation Regulations (Amendment)

Statutory rule: SR 1994, No 258
Made: 21 July 1994
Commenced (Gazette or Federal Register of Legislation): 28 July 1994

Changed the name of the regulations and added new regulation 4 that prescribed the Chief of the Defence Force and the Commissioner of the Australian Federal Police as appropriate officers for the purposes of section 114A(2)(b).


More information

For more information about the operation of the SRC Act, see the latest Guidance on applying the SRC Act.

You can also email scheme.policy@comcare.gov.au or call us on 1300 366 979.

Page last reviewed: 02 December 2019
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Comcare
GPO Box 9905, Canberra, ACT 2601
1300 366 979 | www.comcare.gov.au

Date printed 02 Jul 2020

https://www.comcare.gov.au/scheme-legislation/src-act/amendments