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Guidance on applying the SRC Act

For: Claimants Employers and managers Service providers Advocates Information seekers

We provide guidance to help you, as a decision maker or participant in the Comcare scheme, understand and apply the provisions of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act).

Through this guidance we hope to build a common understanding and consistent approach to applying the SRC Act.


About scheme guidance

Scheme guidance promotes consistent decision making across the Comcare scheme by letting rehabilitation case managers and claims managers know what they need to consider when applying particular provisions of the SRC Act.

View scheme guidance by topic on this page.

Aids, appliances and attendant care

Aids and appliances

Guidance for authorities and claims managers on the appropriate compensation payable for certain alterations, modifications or aids and appliances for employees with an impairment under section 39 of the SRC Act.

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Compensation for attendant care services

Guidance to relevant authorities and their claims managers about the provision of attendant care services under subsection 29(3) of the SRC Act.

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Compensation for household services

Guidance to relevant authorities and their claims managers about the provision of household services under subsection 29(1) of the SRC Act.

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Death claims

Compensation for injuries resulting in death

Guidance about claims for injuries resulting in death under section 17 of the SRC Act.

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Incapacity payments

Adjusting normal weekly earnings

Guidance to relevant authorities and their claims managers about adjusting normal weekly earnings under section 8(10) of the SRC Act.

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Applying the adjustment percentage for incapacity calculations post 45 weeks

Guidance to relevant authorities and their claims managers about applying the relevant adjustment percentage for incapacity calculations under the SRC Act where an employee has exceeded 45 weeks of incapacity payments.

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Calculating normal weekly earnings

Guidance to relevant authorities and their claims managers about calculating normal weekly earnings under sections 8 and 9 of the SRC Act.

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Employees receiving superannuation benefits and incapacity payments

Guidance to relevant authorities and their claims managers about the meaning of ‘received’ for the purposes of calculating incapacity payments when an employee has received benefits under a superannuation scheme.

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No present liability determinations

Guidance on determining ‘no present liability’ where an employee no longer suffers the effects of their compensable condition.

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Incapacity provisions training

Training for claims managers to learn how to calculate and adjust normal weekly earnings, in addition to providing guidance on calculating the incapacity amount for employees who are currently employed.

We provide incapacity payment provisions training through our learning management system, called Comcare LMS.

You first need to create an account in Comcare LMS (see the steps to create an account). Then, select the training item and login with your email and password.

Independent medical examinations

Engaging a legally qualified medical practitioner to undertake an independent medical examination under the SRC Act

Guidance on engaging and managing legally qualified medical practitioners during the independent medical examination process.

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Initial determination

Administrative action exclusion

Guidance to relevant authorities and their claims managers about the level of employment contribution required for the purpose of applying the ‘suffered as a result of reasonable administrative action exclusion’ in section 5A of the SRC Act.

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Guidance to relevant authorities and their claims managers regarding what constitutes an administrative action taken in respect of employment for the purposes of section 5A of the SRC Act.

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Disease provisions relating to firefighters

Guidance to relevant authorities and their claims managers regarding the presumptive legislation for firefighters under section 7 of the SRC Act.

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Injury arising out of or in the course of employment

Guidance to relevant authorities and their claims managers on the interaction of the SRC Act provisions regarding an injury arising out of or in the course of an employee’s employment.

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Injury in an interval or interlude

Guidance to relevant authorities and their claims managers about the interpretation of the phrase ‘in the course of the employment’ when an employee sustains an injury in an interval or interlude during an overall period of work.

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Relevant authority claim form approvals

Guidance for relevant authorities and their claims managers setting out the principles and requirements for developing a Comcare approved claim form for the purposes of section 54 of the SRC Act for initial claims for workers’ compensation.

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Power to request the provision of information

Guidance to relevant authorities and their claims managers on requesting information from employees under section 58 of the SRC Act.

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Specified diseases and employment

Guidance for authorities and claims managers about the legislative instrument declaring a list of specified diseases and employment under subsection 7(1) of the SRC Act.

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Travel and recess provisions

Guidance to relevant authorities and their claims managers about the historical changes to travel and recess provisions under the SRC Act.

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Medical treatment

Applying the Clinical Framework to assess the reasonableness of medical treatment

Guidance to claims managers on the application of the Clinical Framework for the Delivery of Health Services principles when considering the reasonableness of medical treatment under section 16 of the SRC Act.

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Appropriate cost of medical treatment

Guidance to relevant authorities and their claims managers about the appropriate cost of medical treatment under section 16(1) of the SRC Act.

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Definition of medical treatment

Guidance to relevant authorities and their claims managers on the definition of medical treatment in subsection 4(1) of the SRC Act.

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Permanent impairment

Assessing permanent impairment where multiple injuries are involved

Guidance for relevant authorities and their claims managers about assessing compensation for permanent impairment under the SRC Act where an employee suffers from multiple compensable injuries.

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Assessment of the degree of permanent impairment where an upper limb arthroplasty has taken place

Guidance for relevant authorities and their claims managers on assessing the degree of permanent impairment where an arthroplasty procedure of an upper limb has been undertaken.

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Interest rate for permanent impairment

Guidance on the interest rate to be applied to permanent impairment entitlements which are not paid within the specified period under the SRC Act.

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Permanent impairment provisions training

Training for claims managers to gain an understanding of the permanent impairment threshold requirements, how to assess the degree of permanent impairment and calculating the amount of permanent impairment compensation.

We provide permanent impairment provisions training through our learning management system, called Comcare LMS.

You first need to create an account in Comcare LMS (see the steps to create an account). Then, select the training item and login with your email and password.

Rehabilitation

Fee guidance for workplace rehabilitation providers

Guidance for rehabilitation authorities and workplace rehabilitation providers on the appropriate cost and duration of workplace rehabilitation provider services.

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Suspension of compensation under the rehabilitation provisions of the SRC Act

Guidance for rehabilitation authorities and their case managers on suspending compensation when an employee fails to comply with the rehabilitation provisions of the SRC Act.

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Rehabilitation case management – first steps training

An overview of key introductory rehabilitation case management concepts and practices, including early and effective engagement, biopsychosocial and flags models, identifying potential barriers to return to work and next steps where risks are identified.

We provide rehabilitation case management—first steps training through our learning management system, called Comcare LMS. 

You first need to create an account in Comcare LMS (see the steps to create an account). Then, select the training item and login with your email and password.

Return to work case conferencing training

For rehabilitation case managers to help build capability in organising and conducting return to work case conferences with injured employees and general practitioners.

We provide return to work case conferencing training through our learning management system, called Comcare LMS. 

You first need to create an account in Comcare LMS (see the steps to create an account). Then, select the training item and login with your email and password.

Related legislation

Health and Other Services (Compensation) Act 1995 application to claims

Guidance for authorities on the requirement to notify Medicare under the Health and Other Services (Compensation) Act 1995 (HOSC Act) for claims made under the SRC Act.

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Review and reconsideration of determinations

Extent of power of the Administrative Appeals Tribunal

Guidance on the jurisdiction of the Administrative Appeals Tribunal (AAT) to review decisions and determine compensation entitlements under section 64 of the SRC Act.

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Reconsiderations

Guidance for authorities and claims managers about reconsiderations under the SRC Act.

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Scheme overview

SRC Act and Comcare scheme overview training

An overview of the SRC Act and Comcare scheme, including key claims management and return to work principles for employees of scheme employers, prospective self-insurance applicants, and other stakeholders working in the scheme.

We provide SRC Act and Comcare scheme overview training through our learning management system, called Comcare LMS. 

You first need to create an account in Comcare LMS (see the steps to create an account). Then, select the training item and login with your email and password.

Older policy advices

Jurisdictional Policy Advices (JPAs)

We previously issued Jurisdictional Policy Advices (JPAs) which we are gradually replacing over time with scheme guidance.

If you would like a copy of a Jurisdictional Policy Advice (JPA) no longer listed on our website, email scheme.policy@comcare.gov.au or call us on 1300 366 979.

Definition of Injury and Disease – JPA 1999/01 (PDF, 193.4 KB)
Issued date 18 October 1999


More information

If you have a question about a guidance or would like a copy of a Jurisdictional Policy Advice (JPA) no longer listed on our website:

Page last reviewed: 24 November 2021
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Comcare
GPO Box 9905, Canberra, ACT 2601
1300 366 979 | www.comcare.gov.au

Date printed 02 Dec 2021

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