Guidance on applying the SRC Act

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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• Scheme guidance – Compensation for certain alterations, modifications or aids and appliance

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• Scheme guidance – Compensation for certain alterations, modifications or aids and appliance (PDF, 159.8 KB)
• Attachment A – Examples of alterations, modifications and aids and appliance (PDF, 108.1 KB)

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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• Scheme guidance – Compensation for attendant care services

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• Scheme guidance – Compensation for attendant care services (PDF, 135.7 KB)

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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• Scheme guidance – Compensation for household services

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• Scheme guidance – Compensation for household services (PDF, 134.4 KB)

Accrual of leave

Accrual of leave during a period of compensation leave

Guidance for employers about calculating accrued leave during periods of compensation leave under section 116 of the SRC Act.

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• Scheme guidance – Accrual of leave section 116 SRC Act

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• Scheme guidance – Accrual of leave section 116 SRC Act (PDF, 138.6 KB)
• Frequently asked questions – Accrual of leave during a period of compensation leave (PDF, 493.6 KB)

Best-practice decision making

Best-practice decision making under the SRC Act

Guidance to support Safety, Rehabilitation and Compensation Act 1988 (SRC Act) decision makers to apply best practice decision making principles when making and communicating decisions under the SRC Act.

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• Scheme guidance – Best Practice Decision-making under the SRC Act

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• Scheme guidance – Best Practice Decision-making under the SRC Act (PDF, 142.2 KB)

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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• Scheme guidance – Compensation for injuries resulting in death

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• Scheme guidance – Compensation for injuries resulting in death (PDF, 152.9 KB)

Decision-making timeframes

Statutory timeframes for decision-making under the SRC Act

Guidance about the statutory timeframes for decision-making under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act).

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• Scheme guidance - Statutory timeframes for decision-making under the SRC Act

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• Scheme guidance - Statutory timeframes for decision-making under the SRC Act (PDF, 160.0 KB)

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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• Scheme guidance – Adjusting Normal Weekly Earnings under section 8(10) of the SRC Act

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• Scheme guidance – Adjusting Normal Weekly Earnings under section 8(10) of the SRC Act (PDF, 181.1 KB)

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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• Scheme guidance – Applying the adjustment percentage for incapacity calculations post 45 weeks

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• Scheme guidance – Applying the adjustment percentage for incapacity calculations post 45 weeks (PDF, 124.9 KB)

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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• Scheme guidance – Calculating Normal Weekly Earnings

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• Scheme guidance – Calculating Normal Weekly Earnings (PDF, 157.0 KB)

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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• Scheme guidance – Employees receiving superannuation and incapacity payments

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• Scheme guidance – Employees receiving superannuation and incapacity payments (PDF, 109.5 KB)

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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• Scheme guidance – No present liability determinations

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• Scheme guidance – No present liability determinations (PDF, 115.5 KB)

Available training on incapacity provisions

We provide a range of training activities through the Comcare Learning Management System (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.

Incapacity provisions training for claims managers

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.

• Incapacity payment provisions training is available through the Comcare LMS.

Understanding the ability to earn provisions of the SRC Act for claims managers

Understand how to apply the ability to earn provisions in the SRC Act, including incapacity calculations, suitable employment and the interaction of the ability to earn and rehabilitation provisions.

• Understanding the ability to earn provisions of the SRC Act training is available through the Comcare LMS.

Independent examinations

Section 57 power to require a medical examination under the SRC Act

Guidance on the section 57 power to require an independent medical examination (IME) under the SRC Act.

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• Scheme guidance – Section 57 power to require a medical examination under the SRC Act

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• Scheme guidance – Section 57 power to require a medical examination under the SRC Act (PDF, 189.0 KB)

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

Guidance on engaging and managing legally qualified medical practitioners during the independent medical or rehabilitation examination processes.

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• Scheme guidance – Engaging a legal qualified medical practitioner to undertake an independent medical or rehabilitation examination under the SRC Act

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• Scheme guidance – Engaging a legal qualified medical practitioner to undertake an independent medical or rehabilitation examination under the SRC Act (PDF, 142.8 KB)

Initial determination

Post Traumatic Stress Disorder suffered by certain employees

Guidance on applying the new section 7 provisions of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) that provide presumptive workers compensation coverage for certain employees who suffer or are suffering from post-traumatic stress disorder (PTSD).

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• Scheme guidance - Post Traumatic Stress Disorder suffered by certain employees

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• Scheme guidance - Post Traumatic Stress Disorder suffered by certain employees (PDF, 146.2 KB)

Definition of injury and disease

Guidance about the important distinction between the injury (other than a disease) and disease definitions of the SRC Act. Each definition creates different but related bases for injury liability.

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• Scheme guidance – Definition of injury and disease

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• Scheme guidance – Definition of injury and disease (PDF, 151.5 KB)

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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• Scheme guidance – Injury suffered as a result of reasonable administrative action

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• Scheme guidance – Injury suffered as a result of reasonable administrative action (PDF, 298.5 KB)

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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• Scheme guidance – Considerations when applying the ‘reasonable administrative action taken in a reasonable manner’ exclusion

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• Scheme guidance – Considerations when applying the ‘reasonable administrative action taken in a reasonable manner’ exclusion (PDF, 134.5 KB)

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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• Scheme guidance – Disease provisions relating to firefighters

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• Scheme guidance – Disease provisions relating to firefighters (PDF, 147.5 KB)

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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• Scheme guidance – Injury arising out of or in the course of employment

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• Scheme guidance – Injury arising out of or in the course of employment (PDF, 311.6 KB)

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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• Scheme guidance – Injury in an interval or interlude during an overall period or episode of work

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• Scheme guidance – Injury in an interval or interlude during an overall period or episode of work (PDF, 137.9 KB)

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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• Scheme guidance – Relevant authority claim form approvals 

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• Scheme guidance – Relevant authority claim form approvals (PDF, 113.4 KB)

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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• Scheme guidance – Section 58 requests for information or documents and refusal to deal with a claim

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• Scheme guidance – Section 58 requests for information or documents and refusal to deal with a claim (PDF, 119.7 KB)

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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• Scheme guidance – Specified diseases and employment

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• Scheme guidance – Specified diseases and employment (PDF, 137.7 KB)
• Attachment A - Contraction of disease liability flow chart (PDF, 62.8 KB)

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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• Scheme guidance – Travel and recess provisions

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• Scheme guidance – Travel and recess provisions (PDF, 109.8 KB)

Claims for injuries sustained at the boundary of a place of work

Guidance to relevant authorities and their claims managers on claims for injuries sustained at the boundary of a place of work.

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• Scheme guidance – Claims for injuries sustained at the boundary of a place of work

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• Scheme guidance – Claims for injuries sustained at the boundary of a place of work (PDF, 187.0 KB)

Claims for injuries and disease arising from home-based work

Guidance to relevant authorities and their claims managers on claims for injuries and disease arising from home-based work.

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• Scheme guidance – Claims for injuries and diseases arising from home-based work

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• Scheme guidance – Claims for injuries and diseases arising from home-based work (PDF, 169.1 KB)

Establishing whether there has been an aggravation to a pre-existing or underlying medical condition

Guidance to relevant authorities and their claims managers on establishing whether there has been an aggravation to a pre-existing or underlying medical condition.

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• Scheme guidance - Establishing whether there has been an aggravation to a pre-existing or underlying medical condition under the SRC Act

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• Scheme guidance - Establishing whether there has been an aggravation to a pre-existing or underlying medical condition under the SRC Act

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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• Scheme guidance – Applying the Clinical Framework to assess the reasonableness of medical treatment

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• Scheme guidance – Applying the Clinical Framework to assess the reasonableness of medical treatment (PDF, 139.7 KB)
• Attachment A - An example worksheet with additional questions and considerations (PDF, 35.7 KB)

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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• Scheme guidance – Appropriate cost of medical treatment

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• Scheme guidance – Appropriate cost of medical treatment (PDF, 131.6 KB)

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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• Scheme guidance – Definition of medical treatment

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• Scheme guidance – Definition of medical treatment (PDF, 126.7 KB)

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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• Scheme guidance – Assessment of the degree of permanent impairment where multiple injuries are involved

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• Scheme guidance – Assessment of the degree of permanent impairment where multiple injuries are involved  (PDF, 124.0 KB)

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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• Scheme guidance – Assessment of the degree of permanent impairment where an upper limb arthroplasty procedure has been undertaken

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• Scheme guidance – Assessment of the degree of permanent impairment where an upper limb arthroplasty procedure has been undertaken (PDF, 111.0 KB)

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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• Interest rate for permanent impairment

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• Interest rate for permanent impairment (PDF, 134.8 KB)

Available training on permanent impairment

We provide a range of training activities through the Comcare Learning Management System (LMS).

Permanent impairment provisions training for claims managers

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.

• Permanent impairment provisions training is available through the Comcare LMS.

Introduction to the assessment of the degree of permanent impairment for medical assessors

Training for medical assessors undertaking an assessment of the degree of permanent impairment under the Guide to the Assessment

• Medical Assessor training – Introduction to the assessment of the degree of permanent impairment is available through the Comcare LMS.

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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• Scheme guidance – Fee guidance for workplace rehabilitation provider services

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• Scheme guidance – Fee guidance for workplace rehabilitation provider services (PDF, 115.5 KB)

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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• Scheme guidance – Suspension of compensation under the rehabilitation provisions of the SRC Act

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• Scheme guidance – Suspension of compensation under the rehabilitation provisions of the SRC Act (PDF, 133.2 KB)

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.

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.

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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• Scheme guidance – Application of HOSC Act to claims made under the SRC Act

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• Scheme guidance – Application of HOSC Act to claims made under the SRC Act (PDF, 115.1 KB)
• Attachment A: details of the agreed HOSC Act notification requirements (PDF, 42.2 KB)

Review and reconsideration of determinations

Extent of power of the Administrative Review Tribunal

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

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• Extent of power of the Administrative Review Tribunal

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• Extent of power of the Administrative Review Tribunal (PDF, 122.2 KB)

Reconsiderations

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

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• Scheme guidance – Considerations in the reconsideration process

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• Scheme guidance – Considerations in the reconsideration process (PDF, 126.9 KB)
• Attachment A – Examples of when a reconsideration of own motion may be appropriate (PDF, 29.3 KB)

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.