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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

We provide scheme e-guidance training through our learning management system called Comcare LMS.

To access our scheme e-guidance, you first need to create an account in Comcare LMS (see the steps to create an account). Then, select the e-guidance link and login with your email and password.

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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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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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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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.

We provide scheme e-guidance 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 e-guidance link and login with your email and password.

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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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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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

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.

We provide scheme e-guidance 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 e-guidance link 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.

We provide scheme e-guidance 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 e-guidance link 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.

We provide scheme e-guidance 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 e-guidance link 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.

We provide scheme e-guidance 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 e-guidance link 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.

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, 202.5 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

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

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

Consequential injuries – JPA 2007/05 (PDF, 90.8 KB)
Canute Decision - implications for consequential injuries
Issued date 8 May 2007

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

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

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: 01 September 2020
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Comcare
GPO Box 9905, Canberra, ACT 2601
1300 366 979 | www.comcare.gov.au

Date printed 31 Oct 2020

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