Safety, Rehabilitation and Compensation Act 1988
Section 34D
VARIATION OF CRITERIA FOR APPROVAL OR RENEWAL OF APPROVAL AS A WORKPLACE REHABILITATION PROVIDER (REHABILITATION PROGRAM PROVIDER)
Comcare, pursuant to section 34D of the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act), with effect on and from 1 January 2013:
2. determines the attached Criteria for Approval or Renewal of Approval as a Workplace Rehabilitation Provider (Rehabilitation Program Provider).
Dated: 17 October 2012
The seal of Comcare was affixed
in the presence of:
Steve Kibble
Deputy Chief Executive Officer
Attachment: Criteria for Approval or Renewal of Approval as a Workplace Rehabilitation Provider (Rehabilitation Program Provider) - 11 pages.
Safety, Rehabilitation and Compensation Act 1988
Section 34D
CRITERIA FOR APPROVAL OR RENEWAL OF APPROVAL AS A WORKPLACE REHABILITATION PROVIDER
(REHABILITATION PROGRAM PROVIDER)
INTRODUCTION
Notes:
B. The Criteria for Approval or Renewal of Approval as a Workplace Rehabilitation Provider (Rehabilitation Program Provider) includes adherence to National Conditions of Approval and Principles of Workplace Rehabilitation which a provider is required to meet in order to become approved, and to maintain approval (through the renewal process).
C. The National Conditions of Approval and Principles of Workplace Rehabilitation were developed in conjunction with all Workers’ Compensation Authorities (including Comcare) and have been endorsed by the Heads of Workers’ Compensation Authorities (HWCA) as part of a nationally consistent approval framework for Workplace Rehabilitation Providers. Comcare implemented the national framework from 1 July 2010.
D. In these criteria:
‘Code of Conduct’ means the HWCA endorsed Code of Conduct for Workplace Rehabilitation Providers in Appendix 4 of the Guide, as at 1 July 2012
‘Conditions of Approval’ means any section 34P SRC Act conditions of approval imposed on an approved Workplace Rehabilitation Provider. These conditions include, as standard, the National Conditions of Approval
‘Criteria for Approval’ and ‘Approval Criteria’ mean the Criteria for the Approval or Renewal of Approval as a Workplace Rehabilitation Provider (Rehabilitation Program Provider) from time to time in force under section 34D 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 as at 1 July 2012
‘HWCA’ means the Heads of Workers’ Compensation Authorities
‘National Conditions of Approval’ means the HWCA endorsed National Conditions of Approval as contained in the Criteria for Approval
‘Operational Standards’ means the Operational Standards for Workplace Rehabilitation Providers (Rehabilitation Program Providers) from time to time in force under section 34E of the SRC Act
‘Principles of Workplace Rehabilitation’ are the principles set out in Appendix 1 of this instrument and are the HWCA endorsed Principles of Workplace Rehabilitation
‘Provider’ means a person (including a partnership or company) that is approved as a Workplace Rehabilitation Provider (Rehabilitation Program Provider) under the SRC Act, and includes any principal of the provider
‘Rehabilitation Authority’ has the same meaning as in Section 4 of the SRC Act
‘Rehabilitation Program Provider’, ‘Provider’, ‘Workplace Rehabilitation Provider’, and ‘WRP’ have the same meaning
‘Relevant Authority’ has the same meaning as in Section 4 of the SRC Act
‘the SRC Act’ means the Safety, Rehabilitation and Compensation Act 1988
‘Workers’ Compensation Authority’ means the body responsible for the administration of Worker’s Compensation Legislation in any jurisdiction. Comcare is the Workers’ Compensation Authority for the federal jurisdiction
‘Workplace rehabilitation’ is a managed process involving timely intervention with appropriate and adequate services based on assessed need, and which is aimed at maintaining injured or ill workers in, or returning them to suitable employment. (NOHSC: 3021 (1995), Guidance notes for Best Practice Rehabilitation Management of Occupational Injuries and Diseases, April 1995)
‘Workplace Rehabilitation Model’ is a service delivery model for workplace rehabilitation:
(a) aimed at an early and safe return to work for injured employees
(b) involving a designated provider responsible and accountable for coordinating services designed to achieve a cost-effective, safe and durable return to work for the injured employee
(c) where services are delivered on a continuum of assessment of need, planning, active implementation, review and evaluation
(d) requiring effective communication, decision making, financial accountability and informed purchasing of services and resources.
Note: An authentic copy of the Operational Standards is published on the Federal Register of Legislative Instruments at www.comlaw.gov.au . It is a disallowable legislative instrument within the meaning of the Legislative Instruments Act 2003.
THE APPROVAL PROCESS
In order to be approved by Comcare, the applicant is required to submit an application on the approved form to Comcare (for either initial approval or renewal of their approval) and pay the prescribed application fee.
The initial and renewal applications require the provider to outline how they will meet and maintain the National Conditions of Approval including complying with the Principles of Workplace Rehabilitation. The applicant must also satisfy the other criteria contained in the Criteria for Approval.
An application submitted to Comcare must be accompanied by a signed statement of commitment to the Conditions of Approval, a statement of commitment to the Code of Conduct and a signed Comcare Agreement and Authorisation.
Notes:
1. The approved form is the form approved by Comcare under section 34S of the SRC Act. There are separate approved forms for applications for initial approval and applications for renewal of approval. The forms are available from Comcare and can be downloaded from the Comcare website at www.comcare.gov.au.
2. The prescribed fee is the fee prescribed by the Safety, Rehabilitation and Compensation Regulations 2002, which can be accessed on the Federal Register of Legislative Instruments at www.comlaw.gov.au . There are separate fees for application for initial approval and applications for renewal of approval. The fees are also published on the Comcare website at www.comcare.gov.au.
Comcare will approve an initial application where it is satisfied that the Workplace Rehabilitation Provider:
Comcare will approve an application for renewal if it is satisfied that the applicant:
If the initial or renewal application is successful, the WRP will be issued by Comcare with an instrument of approval which enables them to undertake SRC Act work within the three-year approval period.
RENEWAL OF APPROVAL
If the provider seeks to renew their approval they are required to submit a renewal application to Comcare by 31 December (which is six months prior to the end of the approval period ending on 30 June of the third year).
Criterion 1: NATIONAL CONDITIONS OF APPROVAL
The National Conditions of Approval were developed by Comcare and other State & Territory Workers’ Compensation Authorities as part of the nationally consistent approval framework. They are the overarching requirements to operate as a Workplace Rehabilitation Provider (WRP), and apply to approvals issued by Comcare under sections 34F and 34L.
Criterion 1 requires the applicant to demonstrate how they will meet and maintain the National Conditions of Approval.
Condition 1
The workplace rehabilitation provider (WRP) must comply with the Principles of Workplace Rehabilitation.
Note: The Principles of Workplace Rehabilitation are set out in Appendix 1 to this instrument.
Condition 2
The WRP must ensure that all services are delivered in accordance with the Workplace Rehabilitation Model by persons who hold the minimum qualifications as defined in the Principles of Workplace Rehabilitation and in accordance with service descriptions appropriate to the Workers’ Compensation Authority where the approval is being sought.
Condition 3
The WRP’s management structure must include at least one person who holds a rehabilitation consultant qualification outlined in the Principles of Workplace Rehabilitation and who is able to demonstrate 5 years’ relevant workplace rehabilitation experience.
Condition 4
The WRP must participate in annual self-evaluations and in independent evaluations as required by the Workers’ Compensation Authority to demonstrate compliance with the Conditions of Approval.
Condition 5
The WRP must demonstrate management of 12 cases of workplace rehabilitation within any Workers’ Compensation jurisdiction in the preceding 12 months. (Due consideration will be given to providers servicing rural and remote areas).
Note: This condition does not have to be satisfied in the initial application for approval as a workplace rehabilitation provider.
Condition 6
The WRP must maintain the minimum return to work rate as set by the Workers’ Compensation Authority.
Note: The minimum return to work rate is set out in the Operational Standards.
Condition 7
The WRP must provide data to the Workers’ Compensation Authority consistent with the Conditions of Approval.
Condition 8
The WRP must deliver services in compliance with the Code of Conduct for Approved Workplace Rehabilitation Providers.
Condition 9
The WRP’s facilities at all locations where services are delivered must provide a safe, accessible and appropriate environment for workers, staff and visitors.
Condition 10
The WRP must remain financially solvent.
Condition 11
The WRP must notify the Workers’ Compensation Authority in advance, or as soon as practical, if any of the following situations arise and accept that the Workers’ Compensation Authority will review the status of approval and determine whether the proposed arrangements conform with the Conditions of Approval:
Condition 12
The WRP must accept that the Workers’ Compensation Authority may:
Criterion 2: PROBITY
2.1 The WRP must demonstrate a capacity and commitment to achieve and maintain the Operational Standards in the delivery of rehabilitation services during the approval period.
2.2 The WRP must accept that Comcare may revoke the approval if Comcare is satisfied that the provider has failed to comply with the conditions to which the provider’s approval is subject under section 34P of the SRC Act.
Note: This includes any failure to continue to satisfy the Criteria for Approval.
Criterion 3: FINANCIAL
3.1 The WRP must demonstrate financial solvency by providing Comcare with a reference from an independent qualified person, such as a professional accountant or bank manager, which attests to the financial viability of the applicant, or with a copy of the audited financial statement for the preceding financial year.
Note: When seeking a renewal of approval the workplace rehabilitation provider may not be required to provide a reference.
Criterion 4: RENEWAL OF APPROVAL ONLY
4.1 Where a WRP is seeking renewal of approval by Comcare, the applicant must demonstrate:
APPENDIX 1
PRINCIPLES OF WORKPLACE REHABILITATION
The Principles of Workplace Rehabilitation are the foundation elements of the organisation’s model of workplace rehabilitation and define workplace rehabilitation service provision, organisational and administrative infrastructure, staffing arrangements and quality framework. There are four Principles of Workplace Rehabilitation with sub-elements.
In their application for approval (and to maintain approval), the Workplace Rehabilitation Provider (WRP) must demonstrate how they will conform to these Principles initially and throughout the three year approval period.
PRINCIPLE 1
Providers deliver services to workers and employers in a cost effective, timely and proactive manner to achieve a safe and durable return to work.
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 at 13 weeks after placement.
Note: For 1.4d refer to the Comcare Operational Standard- Outcome Standard.
a. 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.
PRINCIPLE 2
2. Organisational and Administrative Principles
Business, governance and administrative arrangements provide an appropriate infrastructure for reliable and consistent service provision to workers, employers, insurers and other relevant parties.
Note: This refers to the Comcare Operational Standards- Outcome Standards 1 & 2, and Service Standard 3.
PRINCIPLE 3
3. Quality Assurance and Continuous Improvement Principles
PRINCIPLE 4
4. Staff Management Principles
and has 12 months or more experience delivering workplace rehabilitation services.
ii. Where a WRP has 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.
Notes:
b. has appropriate skills, knowledge and experience to deliver workplace rehabilitation services, and
c. has knowledge of injury management principles and Workers’ Compensation legislation, policy and procedures, and
d. all workplace rehabilitation providers and other staff interfacing with injured employees and their employers and workplaces have appropriate and required checks and clearances, such as child protection, occupational health and safety, police and security.
Note: An applicant (including a principal or workplace rehabilitation provider) that can demonstrate approval by Comcare under former Competency Criterion in place under section 34 D of the SRC Act, and has maintained approval, is taken to satisfy 4.1.
c. Staff have appropriate supervision and support and participate in peer review processes
d. Staff members are compliant with the professional code of conduct relevant to their particular qualification.