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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.


Types of guidance we provide

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 a particular provision of the SRC Act.

Scheme e-guidance

Our scheme e-guidance modules are provided through Comcare's learning management system called Comcare LMS. You first need to create an account in Comcare LMS and then login with your email and password. See steps to create an account.

Scheme e-guidance is designed to develop and improve the skills and knowledge of rehabilitation case managers and claims managers. Each module includes case studies and questions to help you manage the return to work process and assess claims.

Case lessons

Case lessons complement scheme guidance and e-guidance. These are high-level snapshots of Court or Tribunal decisions that highlight some key practical lessons for employers, employees and decision-makers. Case lessons should not be relied upon as a substitute for legal or professional advice.

View scheme guidance by topic on this page. If you know the title of the guidance, you can view and filter a list of scheme guidance.


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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Incapacity payments

Accrual of leave

Calculating leave accrual for employees on compensation leave under the SRC Act.

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Incapacity provisions

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.

Scheme e-guidance is provided through Comcare's learning management system called Comcare LMS. You first need to create an account in Comcare LMS. See steps to create an account. Select the link to open the module and login with your email and password.

Initial determination

Administrative action exclusion

A workplace injury may not be compensable if it was caused by administrative action, such as performance management, denial of leave or promotion decisions.

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Injuries suffered 'in the course of employment'

An injury can be compensable if it was suffered ‘in the course of employment’.

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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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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

Permanent impairment provisions

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.

Scheme e-guidance is provided through Comcare's learning management system called Comcare LMS. You first need to create an account in Comcare LMS. See steps to create an account. Select the link to open the module 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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Rehabilitation case management – first steps

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.

Scheme e-guidance is provided through Comcare's learning management system called Comcare LMS. You first need to create an account in Comcare LMS. See steps to create an account. Select the link to open the module and login with your email and password.

Return to work case conferencing

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

Scheme e-guidance is provided through Comcare's learning management system called Comcare LMS. You first need to create an account in Comcare LMS. See steps to create an account. Select the link to open the module 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

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

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.

Scheme e-guidance is provided through Comcare's learning management system called Comcare LMS. You first need to create an account in Comcare LMS. See steps to create an account. Select the link to open the module 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.

Adjusting an employee’s normal weekly earnings under subsection 8(10) – JPA 2015/01 (PDF, 138.1 KB)
Guidance on the application of section 8(10) of the SRC Act.
Issued 14 January 2015
Effective 14 January 2015

Determining authority claim form approvals – JPA 2014/13 (PDF, 102.3 KB)
The requirements and procedures to be followed by determining authorities when developing approved claim forms under section 54 of the SRC Act for initial claims for incapacity payments.
Issued 19 December 2014
Effective 1 February 2015

Assessing permanent impairment where multiple injuries are involved – JPA 2014/05 (PDF, 102.3 KB)
Guidance on how multiple permanent impairments should be assessed when using Comcare’s Guide to the Assessment of the Degree of Permanent Impairment.
Issued date 1 May 2014
Effective date 1 May 2014

Principles for apportionment of lump sum compensation for injuries resulting in death – JPA 2014/04 (PDF, 89.8 KB)
Guidance in determining apportionment of death lump sum compensation where there are two or more dependants.
Issued date 12 March 2014
Effective date 12 March 2014

Suspension of compensation rights where an employee refuses or fails to comply with a rehabilitation requirement without a reasonable excuse – JPA 2014/03 (PDF, 97.2 KB)
The statutory interpretation of the meaning and effect of the suspension of compensation rights where an employee refused or fails to comply with a rehabilitation requirement without reasonable excuse.
Issued date 12 March 2014
Effective date 12 March 2014

Injury arising in the course of employment, during an interval or interlude within an overall period or episode of work – JPA 2014/01 (PDF, 90.6 KB)
The interpretation of the phrase ‘in the course of’ employment in circumstances where an employee claims to have suffered an ‘injury’ during an interval or interlude within an overall period or episode of work.
Issue date 21 February 2014
Effective date 31 October 2013

Assessment of the degree of permanent impairment where an arthroplasty procedure has been undertaken – JPA 2013/07 (PDF, 79.7 KB)
Federal Court determination in Guppy v Australian Postal Corporation – Implications for assessing an arthroplasty procedure of an upper limb joint.
Issued date 25 September 2013
Effective date 25 September 2013

Incapacity compensation - Meaning of 'normal weekly hours’ – JPA 2012/07 (PDF, 98.3 KB)
Incapacity compensation - Meaning of 'normal weekly hours' section 19(3) SRC Act. Comcare v Heffernan
Issued date 28 March 2012
Effective date 27 October 2011

Firefighter provisions – JPA 2012/01 (PDF, 99.8 KB)
Additional provisions to section 7 of the SRC Act
Issued date 16 January 201c
Effective date 4 July 2011
Also see Information for firefighters on the Firefighters Act  (PDF, 121.6 KB) for more information on the provisions. See Workers' compensation claims for the steps to make a claim.

Assessing the degree of permanent impairment – JPA 2011/10 (PDF, 121.8 KB)
Full Federal Court decision in Comcare v Broadhurst—implications for assessing the degree of permanent impairment
Issued date 24 November 2011
Effective date 24 November 2011

Travel and recess provisions – JPA 2007/08 (PDF, 73.5 KB)
Amendments to section 6: travel and recess provisions of the Act
Issued date 29 June 2007
Effective date 12 April 2007

Consequential injuries – JPA 2007/05 (PDF, 64.5 KB)
Canute Decision - implications for consequential injuries
Issued date 8 May 2007

Meaning of 'required' and 'regular' overtime when calculating normal weekly earnings - section 8 – JPA 2006/13 (PDF, 64.5 KB)
Issued date 19 December 2006

Determinations to cease benefits – JPA 2005/06 (PDF, 272.5 KB)
Determinations to cease benefits – impact of “Oudyn” and other Federal court and AAT decisions
Issued date 9 June 2005

Suspension of compensation: Rehabilitation programs – JPA 2005/02 (PDF, 149.3 KB)
Suspension of Compensation under subsections 36(4) and 37(7)
Issued date 1 March 2005

Incapacity payments to employees in receipt of superannuation benefits – JPA 2000/11 (PDF, 185.0 KB)
Outlines the policy approach towards payment of incapacity benefits where sections 20-21A of the SRC Act may apply.
Issued date 9 November 2000

Time off work after 45 weeks, section 19(3) – JPA 2000/02 (PDF, 180.6 KB)
Calculation of incapacity payments after the first 45 weeks of incapacity.
Issued date 4 August 2000

Incapacity payments to employees in receipt of superannuation benefits – JPA 2000/01 (PDF, 93.6 KB)
Calculation of incapacity payments in regards to superannuation.
Issued date 5 April 2000

Incapacity payments to employees aged over 65 – JPA 1999/02 (PDF, 214.4 KB)
Issued date 2 December 1999

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

Date printed 05 Aug 2020

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