Safety, Rehabilitation and Compensation Act 1988
Section 34S
APPROVAL OF FORM OF APPLICATION FOR RENEWAL OF APPROVAL AS A REHABILITATION PROGRAM PROVIDER (WORKPLACE REHABILITATION PROVIDER)
Comcare, pursuant to section 34S of the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act), with effect on and from 1 January 2010 and for the purposes of paragraph 34K(1)(a) of the SRC Act (approved form for application for renewal of approval as a rehabilitation program provider):
1. revokes the instrument dated 29 September 2006 registered as instrument F2006L03294 on the Federal Register of Legislative Instruments; and
2. approves the attached form (application for renewal of approval as a rehabilitation program provider).
Dated: 30 October 2009
The seal of Comcare was affixed
in the presence of:
Paul O’Connor
Chief Executive Officer
Attachment: Form of application for renewal of approval as a rehabilitation program provider (workplace rehabilitation provider) - 28 pages.
Safety, Rehabilitation and Compensation Act 1988
Sections 34K and 34S
COMCARE APPLICATION FOR
RENEWAL OF APPROVAL
AS A REHABILITATION PROGRAM PROVIDER (WORKPLACE REHABILITATION PROVIDER)
This application form has been approved under section 34S of the Safety, Rehabilitation and Compensation Act 1988 for the purposes of section 34K of that Act. It is to be completed by approved rehabilitation providers seeking renewal of approval under that Act.
Section 1
INFORMATION ON APPLYING FOR COMCARE RENEWAL
The renewal process
6. There are a number of stages in the renewal process:
The provider application
7. This prescribed Comcare application form contains:
Section 1 Information on applying for Comcare renewal.
Section 2 HWCA endorsed Renewal application form for approval as a workplace rehabilitation provider, including Appendix 4 & 5 applicable to Comcare renewal only.
Section 2 includes:
Part A Applicant details (Please ensure this is relevant to your Comcare application with Comcare approval numbers etc)
Part B Conforming to the national Conditions of Approval including the Principles of Workplace Rehabilitation)
Appendix 1 Staff details- (Please include Comcare scheme approved staff only)
Appendix 2 Statement of Commitment to the Conditions of Approval (for completion and signing)
Appendix 3 Statement of Commitment to the Code of Conduct for Workplace Rehabilitation Providers (for completion and signing)
Comcare additional requirements
Appendix 4 Comcare Renewal Requirements - this examines whether the provider has met Comcare’s approval criteria for the current approval period (since 1 July 2001).
Appendix 5 Comcare Agreement & Authorisation (for completion and signing).
8. Throughout this process Comcare may consult with the provider and may at any time request further information in writing from the provider.
Lodgement of application form
9. The provider should lodge the application or otherwise advise Comcare that they do not wish to seek renewal by 31 December 2009.
10. Comcare will accept applications where the applicant can provide proof of lodgement by post prior to 31 December 2009. Comcare will acknowledge receipt of the application in writing.
11. The application should be accompanied by the prescribed Comcare renewal application fee.
12. Late applications may only be considered in exceptional circumstances [see section 34J (3) of the SRC Act].
13. Please submit the completed application by 31 December 2009 to:
The Director
SRC Policy Section
GPO Box 9905
Canberra City ACT 2601
Email: rehab.approval@comcare.gov.au
Phone enquires: 1300 366 979
Integrity of the renewal process
14. To ensure the integrity of the renewal process, Comcare may conduct audits of randomly selected applicants for renewal or may seek to consult with the other Workers’ Compensation Authorities in which the applicant is seeking approval/renewal.
Outcome standards assessment
15. Benchmarked outcome standards under s34E of the SRC Act have been determined by Comcare and measure a provider’s effectiveness, availability and cost (and other such standards Comcare considers appropriate). The outcome standards are published on Comcare’s website www.comcare.gov.au and available in the publication ‘operational standards for rehabilitation program providers (workplace rehabilitation providers)’.
16. Comcare will examine each provider’s performance against the outcome standards in respect of the current period of approval. The provider’s performance is based on all closed return to work plans for the relevant period. The results will be assessed for compliance against each standard’s performance measure.
17. For rehabilitation program work undertaken for Comcare scheme employers other than a Commonwealth Premium paying agency, the provider is required to provide summary of their achievement against the outcome standards and where necessary, provide an explanatory statement as to why a standard had not been met.
Service standards assessment
18. Comcare will examine the provider’s record of meeting the current service delivery standards and will examine the provider’s description of its return to work processes to form a view on whether it will be likely to meet the operational standards in force for the three year approval period from 1 July 2010.
Where a provider has failed to meet a standard
19. If a provider identifies poor performance against a standard the provider must attach an explanatory statement at the time of submitting the application. Comcare considers performance by a provider against each individual standard within the context of overall performance against all standards.
20. Factors which may be considered include servicing remote areas, managing complex injuries, assisting with redeployment and late intervention cases.
Renewal of approval decision
21. If Comcare is satisfied, having regard to the information in the application, or any additional information supplied, that the provider meets the application criteria and has demonstrated compliance with the operational standards in force since the provider was initially approved or last renewed and is likely to meet the operational standards from the renewal period, it will renew the approval of the provider for a period of three years and inform the provider of its decision in writing.
22. Comcare may also grant a conditional renewal of approval. The provider would be advised of the conditions and their review rights in writing.
23. If Comcare refuses to renew the applicant’s approval, the provider will be advised of the reasons and their review rights in writing.
In this application form:
‘applicant’ includes:
(a) a sole trader;
(b) a partnership; and
(c) a company.
‘Approval Criteria’ means the criteria for the initial approval or renewal of approval as a rehabilitation program provider (workplace rehabilitation provider) from time to time in force under section 34D of the SRC Act.
‘Code of Conduct’ means the HWCA endorsed Code of Conduct for Workplace Rehabilitation Providers as at 23 October 2009.
‘employer’ means the Entity, Commonwealth authority or licensed corporation employing the employee.
Note: The expressions Entity, Commonwealth Authority and licensed corporation are defined by subsection 4(1) of the SRC Act.
‘Guide’ means the HWCA document “Guide: Nationally Consistent Approval Framework for Workplace Rehabilitation Providers” published on the HWCA website www.hwca.org.au .
‘HWCA’ means the Heads of Workers’ Compensation Authorities.
‘national Conditions of approval’ means the HWCA endorsed national conditions of approval as at 23 October 2009.
‘principal’ has the same meaning as that term is defined in section 34 of the SRC Act, namely:
(a) if the applicant is a partnership—any of the partners, and
(b) if the applicant is a company—any of the directors of the company and, if the person responsible for the day to day running of the company is not a director, also that person.
‘provider’ means a person (including a partnership or company) that is approved as a rehabilitation program provider (workplace rehabilitation provider) under the SRC Act, and includes any principal of the provider.
‘Principles of Workplace rehabilitation’ means the HWCA endorsed Principles of Workplace Rehabilitation as at 23 October 2009.
‘rehabilitation program provider’ and ‘workplace rehabilitation provider’ have the same meaning.
‘the SRC Act’ means the Safety, Rehabilitation and Compensation Act 1988.
Notes:
Section 2
HWCA endorsed:
Renewal Application for
Approval as a Workplace Rehabilitation Provider
This application will be completed by organisations wishing to apply for a renewal of an Instrument of Approval as a workplace rehabilitation provider.
This application should be read in conjunction with the document “Guide: Nationally Consistent Approval Framework for Workplace Rehabilitation Providers” available on the Heads of Workers’ Compensation Authorities website www.hwca.org.au
Contents
Information to Complete the Renewal Application
Renewal Application Requirements
Part B – Conforming to the Conditions of Approval
Appendix 2 - Statement of Commitment to the Conditions of Approval
Appendix 3 - Statement of Commitment to the Code of Conduct for Workplace Rehabilitation Providers
Appendix 4- Comcare renewal requirements.....................................24
Appendix 5- Comcare Agreement & Authorisation................................26
The Heads of Workers’ Compensation Authorities (HWCA) endorsed a nationally consistent framework for the approval of workplace rehabilitation providers in June 2008. The details of the approval framework are contained in the HWCA document “Guide: Nationally Consistent Approval Framework for Workplace Rehabilitation Providers”.
Providers should ensure they remain fully conversant with the framework contained in the Guide prior to making a renewal application.
If the renewal application is successful, a further Instrument of Approval as a workplace rehabilitation provider will be issued for a 3-year period, until 30th June of the third year.
The renewal application includes the following requirements that must be completed to demonstrate how a provider will conform to the Conditions of Approval.
While considering a renewal application, the workers’ compensation authority may at any time request further information in writing from the provider and may liaise with other workers’ compensation authorities where the provider delivers workplace rehabilitation services to exchange information about the application.
Name of the workers’ compensation authority where this application is being submitted to:
______________________________________________________________________
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2. ABN and origin (to determine location of ‘home’ jurisdiction) |
Attach copy of the ABN record from the Australian Business Registry. |
3. Organisation | Indicate the nature of your organisation (i.e. company, partnership, sole trader, individual subsidiary of a Government body)
Full name of your organisation including trading name
ACN
Name and address of any parent organisation, if applicable.
Name and position of person/s authorised to sign this application on behalf of the organisation. |
4. Provider/site approval numbers |
List the number(s) issued by the workers’ compensation authority. |
5. Addresses | Organisation Address
Postal Address
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6. Phone Number |
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7. Fax |
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8. Email |
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9. Contact person for this application | Name
Title
Phone
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10. Name of person/s who meet the organisational management structure requirements as outlined in Section 2.2, Principle Two: Organisational & administrative arrangements in particular sub-principle 2.5 of this form. | Name/s
Titles
Qualifications and workplace rehabilitation experience of the person/s meeting this requirement
Phone
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11. Other workers compensation authorities where approval has been granted. |
List the jurisdictions in which the applicant has a current Instrument of Approval. | |
12. Referees | Provide the contact details of two referees who can attest to your organisation’s suitability as a workplace rehabilitation provider organisation including statements as to the professional integrity, honesty and due diligence of your organisation’s owner/s and/or management. | |
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13. Previous Applications | Has your organisation, any of its owner/s and/or management and/or any persons employed or engaged to deliver workplace rehabilitation services by your organisation been refused approval as a provider of rehabilitation services or had approval been withdrawn as a provider of rehabilitation services in any Australian workers’ compensation jurisdictions? Yes / No
If so, provide details of the circumstances and reasons why there is no cause to reject your organisation’s application. These details should state whether the refused approval was associated with:
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14. Conflict of Interest | Detail all your organisation’s business affiliations with other suppliers of services within any of the workers’ compensation authorities and how you will manage any actual or perceived conflict of interest.
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15. Professional misconduct or criminal proceedings | Outline if any proceedings have been taken (or are pending) against any of the following, in relation to professional misconduct or criminal proceedings, breaches of the privacy act or financial administration acts. If so, provide details of the circumstances and reasons why there is no cause to reject your organisation’s application. These details should state whether the circumstances and reasons was associated with:
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16. Insurance Documents as outlined in Section 2.2, Principle Two: Organisational & administrative arrangements in particular sub-principle 2.1 of this form. | In the context of workplace rehabilitation service provision, please attach copies of your organisation’s:
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A renewal application must demonstrate how the provider will conform to the Conditions of Approval.
Principle One: Service provision |
1.1 A focus on return to work
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Provide a succinct statement on what this means to your organisation and how you will apply this principle and its indicators. For example consider what would you say to an injured worker or an employer about what this means and what will occur.
1.2 The right services provided at the right time
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Provide a succinct statement on what this means to your organisation and how you will apply this principle and its indicators. For example consider what would you say to an injured worker or an employer about what this means and what will occur.
1.3 Effective service provision at an appropriate cost
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Provide a succinct statement on what this means to your organisation and how you will apply this principle and its indicators. For example consider what would you say to an injured worker or an employer about what this means and what will occur.
1.4 Effective communication with all the relevant parties
b. The provider acts as the link between treatment providers and the workplace to translate functional gains into meaningful work activity. c. Progress towards the return to work goal is communicated to interested parties throughout service provision. d. Durability of employment is confirmed 13 weeks after placement. |
Provide a succinct statement on what this means to your organisation and how you will apply this principle and its indicators. For example consider what would you say to an injured worker or an employer about what this means and what will occur.
1.5 Evidence based decisionsa. Assessments demonstrate need for service. b. The type of service selected is the most appropriate and cost effective of those available to achieve the return to work goal. c. An equitable and consistently applied approach to recommending commencement and cessation of service delivery. d. Consideration given to workplace industrial relations and human resource matters that may affect the worker’s return to work. |
Provide a succinct statement on what this means to your organisation and how you will apply this principle and its indicators. For example consider what would you say to an injured worker or an employer about what this means and what will occur.
Principle Two: Organisational and Administrative arrangements |
2.1 Comprehensive and robust corporate governance infrastructure
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Provide a succinct statement on what this means to your organisation and how you will apply this principle and its indicators.
2.2 A records management system meeting State and Commonwealth legislation requirements
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Provide a succinct statement on how you will apply this principle and its indicators.
2.3 Privacy and confidentiality practices meeting relevant privacy legislation requirements
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Provide a succinct statement on what this means to your organisation and how you will apply this principle and its indicators.
2.4 Safe work practices as well as return to work and injury management policiesb. Systems that comply with relevant injury management and workers compensation legislation. c. Systems that comply with local workplace health and safety legislation. |
Provide a succinct statement on what this means to your organisation and how you will apply this principle and its indicators.
2.5 Organisational management structure requirements
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Provide a certified copy of the qualifications and experience of the personnel who meet and will continue to meet this condition.
Principle Three: Quality Assurance and Continuous Improvement |
3.1 Quality Model
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Provide a succinct statement on what this means to your organisation and how you will apply this principle and its indicators.
3.2 Quality Assurance
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Provide a succinct statement on what this means to your organisation and how you will apply this principle and its indicators.
3.3 Customer focus
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Provide a succinct statement on what this means to your organisation and how you will apply this principle and its indicators.
3.4 Continuous improvement.
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Provide a succinct statement on what this means to your organisation and how you will apply this principle and its indicators.
Principle Four: Staff Management |
4.1 Qualifications, knowledge and experience
Workplace Rehabilitation Consultants will have a qualification recognised, accredited or registered by one of the following associations or state registration boards:
AND 12 months or more experience delivering workplace rehabilitation services.
Where Workplace Rehabilitation Consultants have less than 12 months’ experience delivering workplace rehabilitation services, a comprehensive induction program will be completed and professional supervision provided for at least 12 months.
Note: Some workplace rehabilitation services can only be delivered by designated professional groups. The minimum qualifications to deliver these services are included in the description of the workplace rehabilitation services as specified by each jurisdiction.
b. Workplace Rehabilitation Consultants have the appropriate skills, knowledge, and experience to deliver workplace rehabilitation services. c. Workplace Rehabilitation Consultants have knowledge of injury management principles and workers compensation legislation, policy and procedure. d. All staff interacting with injured workers and workplaces have undergone current checks and clearances where appropriate (e.g. police, security, OHS and child protection). |
Your organisation must provide a completed Staff Details sheet - for each location being proposed as part of this application (see Appendix 1 - Staff Details, page 20)
Provide a succinct statement on what this means to your organisation and how you will apply this principle with particular reference made to indicators b. c. and d.
4.2 Induction, ongoing learning and development
c. Staff having appropriate supervision and support and participate in internal peer review processes. d. Staff members are compliant with the professional code of conduct relevant to their particular qualification. |
Provide a succinct statement on what this means to your organisation and how you will apply this principle and its indicators.
4.3 Adequate staff resourcing
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Provide a succinct statement on what this means to your organisation and how you will apply this principle and its indicators.
To demonstrate ongoing conformance with the Conditions of Approval, an organisation must participate in annual self-evaluations and any independent evaluations as required by the workers’ compensation authority.
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Outline the annual self-evaluation procedures and processes that were implemented in the prior 3 year approval period in the context of your organisation’s quality assurance model.
Provide a copy of the most recent self-evaluation report including the quality improvement plan implemented to address the identified non-conformities.
Provide a signed Declaration of Conformity to the Conditions of Approval from your organisation’s most recent annual self-evaluation.
Please provide the name of person(s) who conducted the most recent provider annual self-evaluations on behalf of your organisation, their qualifications and demonstrate how they meet the requirements of an independent evaluator. Please confirm that they were not personally responsible for the aspects of the business that they evaluated.
If your organisation has been required to participate in an independent evaluation by the workers’ compensation authority, please provide a copy of the most recent independent evaluation including the quality improvement plan implemented to address the identified non-conformities.
An organisation must demonstrate management of 12 cases of activity consistent with the model of workplace rehabilitation within any workers’ compensation jurisdiction for each 12 month period within the 3 year approval period. (Due consideration will be given to organisations servicing rural and remote areas).
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Outline how your organisation has met and will continue to meet this condition.
Please attach case data to illustrate conformance with this requirement.
The workplace rehabilitation provider must maintain the minimum return to work rate as set by the workers’ compensation authority.
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Outline how your organisation has met and will continue to maintain the minimum return to work rate.
Please attach performance data to illustrate conformance with this requirement.
The workplace rehabilitation provider’s facilities at all locations where services are intended to be provided must provide an accessible and appropriate environment for workers, staff and visitors and comply with local workplace health and safety legislation.
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For each location/site describe how the facilities have been and will continue to be accessible and appropriate for all workers, staff and visitors. In your response detail:
For each location/site describe how the facilities have complied and will continue to comply with local workplace health and safety legislation.
Staff details sheet completed for each location in the jurisdiction where the application is submitted and where workplace rehabilitation services may be delivered.
ORGANISATION: |
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SITE OR PROVIDER APPROVAL NUMBER, IF APPLICABLE: |
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Name and position title | Qualifications include: qualification, institution, year of concurrence e.g. B.App Sci. OT Syd Uni – 1991 | Years of Workplace Rehabilitation Experience | Basis of | Professional Membership or registration (Type and membership number) | Supervision arrangements for staff with less than 12 months experience. | |||||||||
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ORGANISATION: |
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SITE OR PROVIDER APPROVAL NUMBER, IF APPLICABLE: |
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Name and position title | Qualifications include: qualification, institution, year of concurrence e.g. B.App Sci. OT Syd Uni – 1991 | Years of Workplace Rehabilitation Experience | Basis of | Professional Membership or registration (Type and membership number) | Supervision arrangements for staff with less than 12 months experience. | |||||||||
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* Duplicate this page and table for each location in the jurisdiction where the application is submitted. Add more rows to this table if needed to list all staff members.
A reference to the workers’ compensation authority is a reference to the workers’ compensation authority who issued the further Instrument of Approval.
The Conditions of Approval are:
12. The workplace rehabilitation provider must accept that the workers’ compensation authority may:
I/We have read, understand and accept that I/we must meet and continue to conform to the Conditions of Approval and give consent for sharing of information in relation to this renewal application and the ongoing approval.
I/We understand and are aware that any breach with the terms and conditions of the Conditions of Approval may nullify any renewal application or further Instrument of Approval issued by the workers’ compensation authority in the event the renewal application is approved.
To be signed by the person/s who is authorised to sign this application on behalf of the organisation seeking approval as a workplace rehabilitation provider.
Organisation Name:_____________________________________________________________
Name and Title of authorised signatory:
_______________________________________________________________________
Signature of authorised signatory:
_________________________________________Date:___________________
Name and Title of authorised signatory:
_______________________________________________________________________
Signature of authorised signatory:
_________________________________________Date:___________________
I/We have read and agree to conform to the Code of Conduct for Workplace Rehabilitation Providers if approved for renewal as a workplace rehabilitation provider.
I/We understand and are aware that any breach of the Code of Conduct for Workplace Rehabilitation Providers may nullify any renewal application or further Instrument of Approval issued by the workers’ compensation authority in the event the renewal application is approved.
To be signed by the person/s who is authorised to sign this application on behalf of the organisation seeking renewal of approval as a workplace rehabilitation provider.
Organisation Name:_____________________________________________________________
Name and Title of authorised signatory:
Signature of authorised signatory:
_________________________________________Date:___________________
Name and Title of authorised signatory:
_______________________________________________________________________
Signature of authorised signatory:
_________________________________________Date:___________________
The following Approval Criteria and Operational Standards elements apply to an application by a person for renewal of approval as a rehabilitation program provider (workplace rehabilitation provider).
Complete the following in relation to you as a Comcare provider for the approval period since 1 July 2007 (or from the date of your initial approval if after 1 July 2007).
Criterion 1 – Competence
Include as necessary: (a) details of attendance at Comcare training (or proposed date) Certified copies of:
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Please complete Appendix 1- Staff details- for currently approved staff and attach any competency documentation for new staff.
Criterion 3: Financial requirements
2. The provider attests to its financial viability with a reference from an independent, qualified person (such as an accountant or bank manager). No If yes, attach reference. |
Please attach documentation.
Criterion 4: Referral base (for renewal of approval)
3. Has the provider had one or more referrals to provide services as a rehabilitation program provider under the Safety, Rehabilitation and Compensation Act 1988 in the past twelve months? No Please attach explanation. Yes □ Australian Government or ACT Public Sector |
Please attach explanation.
Criterion 5: Satisfactory evaluation of performance
Operational Standards- Outcome standards
4. Providers are required to submit to Comcare a summary of the outcome standards achieved for SRC Act work undertaken with Commonwealth Premium paying agencies, Licensed Self-insurers or Military Compensation.
Please attach outcome standard details.
5. Where the provider anticipates that they may have failed to meet any of the outcome standards, the provider may attach a statement explaining the circumstances.
Please attach explanation.
6. Upon receipt of this application and any information supplied by the provider Comcare will assess the provider’s performance against Comcare’s Outcome Standards for the relevant approval period.
Operational Standards -Service standards
7. The provider is required to provide evidence to Comcare that they have met the service delivery standard 2 elements (Return to work management).
Please attach evidence.
8. The provider is required to provide evidence to Comcare that they have met the service delivery standard 3 elements- (Suitable and durable employment).
Please attach evidence.
9. Have all Comcare approved providers employed or engaged by the applicant undertaken Comcare training?
Please attach explanation or evidence.
10. Where the provider anticipates that they may have failed to meet any of the service delivery standards, the provider may attach a statement explaining the circumstances.
I, _________________________________________________________________
(please print full name)
holding the position of: ______________________________________________,
(please print title)
on behalf of the provider: _____________________________________________
(please print name of provider)
1) certify that the information provided in this renewal application and in support of the renewal application is true and correct. I understand that giving false or misleading information is a serious offence under the Criminal Code
2) agree to advise Comcare as soon as possible of any changes to the information provided in this renewal application
3) authorise relevant persons to provide to Comcare personal information in relation to this renewal application and for the purposes of enabling Comcare to determine whether the provider, a relevant principal or employee of the provider is complying with the Operational standards for rehabilitation program providers (workplace rehabilitation providers) determined under section 34E of the SRC Act. In particular, I understand that this authorises Comcare to seek confirmation of the qualifications, probity and financial standing of the provider, relevant principals and the provider’s employees and the effectiveness, availability and cost of the rehabilitation programs which were provided by the provider, and
If the provider’s approval as a workplace rehabilitation provider is renewed,
4) understand that failure to comply with the Operational standards for rehabilitation program providers (workplace rehabilitation providers) determined under section 34E of the SRC Act or the Criteria for initial approval or renewal of approval of rehabilitation program providers (workplace rehabilitation providers) determined under section 34D of the SRC Act may result in the revocation of approval under section 34Q of that Act
5) agree to advise Comcare in writing within one month of any changes in individuals employed or engaged by the provider to manage return to work plans under the SRC Act, including evidence of qualifications and experience, and
6) agree to Comcare listing details about the provider on Comcare’s website.
Signed ………………………………………… (Applicant)
Date …………………………………………