Commonwealth Coat of Arms

Safety, Rehabilitation and Compensation Directions 2002

made under the

Safety, Rehabilitation and Compensation Act 1988

Compilation No. 1  

Compilation date:    21 June 2018  

Includes amendments up to: Safety, Rehabilitation and Compensation Directions Amendment Instrument 2018 (F2018L00802)

 

About this compilation

 

This compilation

This is a compilation of the Safety, Rehabilitation and Compensation Directions 2002 that shows the text of the law as amended and in force on 21 June 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

 

I, TONY ABBOTT, Minister for Employment and Workplace Relations, give these

Directions to the Safety, Rehabilitation and Compensation Commission under sections 89D and 101 of the Safety, Rehabilitation and Compensation Act 1988.

 

Dated 21 March 2002

 

 

 

 

 

 

TONY ABBOTT

Minister for Employment and Workplace Relations

 

 

Contents

 

Safety, Rehabilitation and Compensation Directions 2002  1

 

Part 1       Preliminary

 

1         Name of Directions         1

2         Commencement         1

3         Definition          1

 

Part 2       Criteria and procedures — grant of licences

 

4         Matters to be considered in deciding whether to grant a licence — Commonwealth authorities                                                                                     2

5         Matters to be considered in deciding whether to grant a licence —   eligible corporations                                                                                                    2

6         Licence contents         2

 

Part 3       Scope and conditions of licence

 

Division 3.1  Licences granted to Commonwealth authorities

 

7         Application          3

8         Liability                      3

9         Claims management        3

10     Conditions          4

 

Division 3.2  Licences granted to eligible corporations

 

11     Application          4

12     Conditions          4

Division 3.3  General

 

13     Application          4

14     Conditions — claims management       5

 

Part 4  Criteria and procedures — suspension and

revocation of licences

 

15     General — revocation or suspension of licence under section 106

of the Act           6

16     Procedure — suspected breach of condition       6

17     Procedure — revocation of licence under section 107 of the Act   7

 

Part 5       Notices

 

18     Grant of licence         8

19     Variation of scope of licence or extension of term of licence    8

20     Variation of conditions        8

21     Revocation or suspension of licence under section 106 of the Act   8

22     Revocation of licence under section 107 of the Act      8

 

Part 6       Recordkeeping and reporting

 

23     Commission must keep records       9

24     Reporting           9

Endnotes  10

Endnote 1 – About the endnotes  10

Endnote 2 – Abbreviation key  11

Endnote 3 – Legislation history    12

Endnote 4 – Amendment history       13

 

Part 1   Preliminary

 

 

1  Name of Directions

 

These Directions are the Safety, Rehabilitation and Compensation Directions 2002.

 

2  Commencement

 

These Directions commence on 1 April 2002.

 

3  Definition

 

In these Directions:

Act means the Safety, Rehabilitation and Compensation Act 1988.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Part 2  Criteria and procedures — grant of licences

 

4  Matters to be considered in deciding whether to grant a

licence — Commonwealth authorities

 

For the Commission to be satisfied, under subsection 104 (1) of the Act, that it is appropriate to grant an applicant that is a Commonwealth authority, other than the Australian Capital Territory, the licence sought, the Commission must be satisfied that claims will be managed by employees of:

(a)   the applicant; or

(b)   Comcare; or

(c)   a Comcare subsidiary; or

(d)   another Commonwealth authority.

 

5  Matters to be considered in deciding whether to grant a

licence — eligible corporations

 

For the Commission to be satisfied, under subsection 104 (1) of the Act, that it is appropriate to grant an applicant that is an eligible corporation the licence sought, the Commission must be satisfied, on reasonable grounds, that satisfactory arrangements have been made to ensure that payments that would be required to be made under the Act to, or in respect of, the applicant’s employees will continue to be paid if the corporation is wound up.

 

6  Licence contents

 

If the Commission grants a licence, the licence must:

(a)   state the period for which the licence is granted; and

(b)   set out the scope of the licence; and

(c)   set out any conditions to which the grant of the licence is subject.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Part 3   Scope and conditions of licences

 

Division 3.1  Licences granted to Commonwealth authorities

 

7  Application

 

This Division applies if the Commission grants a licence to a Commonwealth authority.

 

8  Liability

 

(1)   This section applies if the Commission determines that the licensee will be authorised to accept liability to pay compensation and other amounts under the Act for a particular injury, loss or damage suffered by, or for the death of, some or all of its employees under the Act.

 

(2)   If, immediately before 1 April 2002, the licensee held a Class 3 licence under Part VIIIA of the Act or a Class A or B licence under Part VIIIB of the Act (the previous licence), the Commission may authorise the licensee to accept liability to pay compensation and other amounts under the Act for a particular injury, loss or damage suffered by, or for the death of, some or all of its employees for claims for an injury, loss, damage or death:

(a)   that occurred during the period for which the previous licence was in force; or

(b)   that occurs during the period specified in the licence.

 

(3)   If subsection (2) does not apply, the Commission may authorise the licensee to accept liability to pay compensation and other amounts under the Act for a particular injury, loss or damage suffered by, or for the death of, some or all of its employees only for claims for an injury, loss, damage or death that occurs during the period specified in the licence.

 

9  Claims management

 

If the Commission determines that the licensee, other than the Australian Capital Territory, or a specified person acting on the licensee’s behalf, will be authorised to manage some or all of the claims made by employees of the licensee under the Act, the Commission may authorise only the following persons to manage claims on behalf of the licensee:

(a)   Comcare;

(b)   a Comcare subsidiary;

(c)   employees of Comcare or of a Comcare subsidiary;

(d)   another Commonwealth authority;

(e)   employees of another Commonwealth authority.

 

 

10  Conditions

 

The licence must include a condition that the licensee must, if requested in writing by the Commission to do so, give to the Commission the information relating to the licensee’s operations under the Act that is specified in the request.

 

Division 3.2  Licences granted to eligible corporations

 

11  Application

 

This Division applies if the Commission grants a licence to an eligible corporation.

 

12  Conditions

 

(1)   The licence may include the following conditions:

(a)   if requested in writing by the Commission to do so, the licensee must give to the Commission the information relating to the licensee’s operations under the Act that is specified in the request;

(b)   the licensee must lodge with the Commission, within 120 days after the end of each accounting period (or, if the Commission allows a longer period, within that period), a copy of the accounts required under the law of the place of the licensee’s incorporation for the accounting period;

(c)   the licensee must include and identify in the accounts mentioned in paragraph (b) provision for meeting the licensee’s accrued and contingent liability as at the end of the accounting period for claims made under the Act in the accounting period.

 

(2)   If the licence includes the condition mentioned in paragraph (1) (c), the licence must also include a condition that:

(a)   the provision mentioned in that paragraph must be consistent with a written evaluation, by an actuary, of the licensee’s accrued and contingent liability for the accounting period; and

(b)   the evaluation mentioned in paragraph (a) must be lodged with the Commission.

 

Division 3.3  General

 

13  Application

 

This Division applies if the Commission grants a licence to an eligible corporation or a Commonwealth authority.

 

 

 

 

14  Conditions — claims management

 

If a licence authorises the licensee, or a specified person acting on the licensee’s behalf, to manage some or all of the claims made by employees of the licensee under the Act, the licence must include a condition that the licensee or specified person, in managing claims:

(a)   must be guided by equity, good conscience and the substantial merits of the case, without regard to technicalities; and

(b)   is not required to conduct a hearing; and

(c)   is not bound by the rules of evidence.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Part 4  Criteria and procedures — suspension and revocation of licences

 

15  General — revocation or suspension of licence under section 106 of the Act

 

(1)     The Commission may, under section 106 of the Act, suspend or revoke a licence held by a Commonwealth authority.

 

(2)     The Commission may, under section 106 of the Act, revoke, but may not suspend, a licence held by an eligible corporation.

 

(3)     If the Commission suspends or revokes a licence under section 106 of the Act, the Commission must give the licensee written notice:

(a)     stating that the Commission has suspended or revoked the licence under section 106 of the Act; and

(b)     stating the date of effect of the suspension or revocation; and

(c)     for notices relating to a suspension — state the period for which the licence is suspended; and

(d)     setting out the reasons for the suspension or revocation.

 

16  Procedure — suspected breach of condition

 

(1)   For subsection 106 (2) of the Act, the procedure set out in this section is a procedure preliminary to the suspension or revocation of a licence at the instance of the Commission.

 

(2)   If the Commission believes, on reasonable grounds, that a licensee may have breached a condition to which the grant of the licence is subject, the Commission may give a written notice to the licensee:

(a)   stating that the Commission believes that the licensee may have breached a condition of its licence; and

(b)   giving details of the matters that the Commission considers may constitute the breach; and

(c)   stating that if the Commission is satisfied that a breach has occurred, the Commission may:

(i)                 if the licensee is a Commonwealth authority — suspend or revoke the licence; or

(ii)               if the licensee is an eligible corporation — revoke the licence;

and

(d)   inviting the licensee to make written submissions in relation to the matter to the Commission, within 30 days after receiving the notice.

 

(3)   If the licensee makes a submission within the period mentioned in paragraph (2) (d), the Commission must consider the submission.

 

(4)   If the Commission is satisfied, on reasonable grounds, that the licensee has breached the condition, the Commission may, under section 106 of the Act:

(a)   if the licensee is a Commonwealth authority — suspend or revoke the licence; or

(b)   if the licensee is an eligible corporation — revoke the licence.

 

17  Procedure — revocation of licence under section 107 of the Act

 

If the Commission decides to revoke a licence under section 107 of the Act, the Commission must give the licensee written notice, stating:

(a)   that the Commission has revoked the licence under section 107 of the Act; and

(b)   the date of effect of the revocation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Part 5   Notices

 

18  Grant of licence

 

If the Commission grants a licence, the Commission must publish a notice in the Gazette, stating:

(a)   that the licence has been granted; and

(b)   the period for which the licence is granted; and

(c)   the scope of the licence; and

(d)   any conditions to which the grant of the licence is subject.

 

19  Variation of scope of licence or extension of term of licence

 

If, under subsection 105 (1) of the Act, the Commission varies the scope of a licence or extends the term of a licence, the Commission must publish a notice in the Gazette setting out the variation made to the scope of the licence or the extension of the term of the licence.

 

20  Variation of conditions

 

If, under subsection 108D (2) of the Act, the Commission varies a condition to which the grant of a licence is subject, the Commission must publish a notice in the Gazette setting out the variation made to the condition.

 

21  Revocation or suspension of licence under section 106 of the Act

 

If the Commission revokes or suspends a licence under section 106 of the Act, the Commission must publish a notice in the Gazette:

(a)   stating that the licence has been suspended or revoked under section 106 of the Act; and

(b)   stating the date of effect of the suspension or revocation; and

(c)   for a notice relating to a suspension — state the period of suspension.

 

22  Revocation of licence under section 107 of the Act

 

If the Commission revokes a licence under section 107 of the Act, the Commission must publish a notice in the Gazette:

(a)   stating that the licence has been revoked under section 107 of the Act; and

(b)   stating the date of effect of the revocation.

 

 

 

 

 

 

 

 

 

Part 6   Recordkeeping and reporting

 

23  Commission must keep records

 

The Commission must keep records of the following:

(a)   applications for licences;

(b)   refusals to grant licences;

(c)   grants of licences, including the scope of the licences and the conditions to which the licences are subject;

(d)   expiry of licences;

(e)   suspension of licences;

(f)    revocation of licences.

 

24  Reporting

 

The Commission must include details of the records mentioned in section 23 for a financial year in the Commission’s annual report for that financial year under section 89S of the Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /subsubparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration or gazettal

Commencement

Application, saving and transitional provisions

Safety, Rehabilitation and Compensation Directions 2002

27 March 2002 (gaz 2002, No GN12)

1 April 2002

Safety, Rehabilitation and Compensation Directions Amendment Instrument 2018

20 June 2018

(F2018L00802)

21 June 2018

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 4

s 9

am F2018L00802

am F2018L00802