Safety, Rehabilitation and Compensation Act 1988
Section 34S
APPROVAL OF FORM OF APPLICATION FOR INITIAL 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 34C(1)(a) of the SRC Act (approved form for application for initial approval as a rehabilitation program provider):
1. revokes the instrument dated 29 September 2006 registered as instrument F2006L03292 on the Federal Register of Legislative Instruments; and
2. approves the attached form (application for initial 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 for application for initial approval as a rehabilitation program provider (workplace rehabilitation provider) - 29 pages.
Safety, Rehabilitation and Compensation Act 1988
Sections 34C and 34S
Application FORM FOR initial 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 34C of that Act. It is to be completed by applicants seeking approval to become a rehabilitation program provider (workplace rehabilitation provider) under that Act.
Section 1
INFORMATION ON THE COMCARE INITIAL APPLICATION PROCESS
9. This prescribed Comcare initial application form contains:
Section 1 Information on the Comcare initial application process
Section 2 The HWCA endorsed application form- ‘Application for approval as a workplace rehabilitation provider’ with additions- Appendix 4 & 5 (applicable to Comcare approval only)
Section 2 includes:
Part A Applicant details (Please ensure this is relevant to your Comcare approval, including Comcare approval numbers)
Part B Conforming to the conditions of approval including the Principles of Workplace Rehabilitation
Appendix 1 Staff details (Please include Comcare scheme staff only)
Appendix 2 Statement of Commitment to conditions of approval (for signing)
Appendix 3 Statement of Commitment to the Code of Conduct for workplace rehabilitation providers (for signing).
Comcare additional requirements:
Appendix 4 Meeting the Comcare Approval Criteria & Ability to meet the Comcare Operational Standards
Appendix 5 The Comcare agreement and authorisation (for signing).
10. All sections of the application form must be completed and submitted to Comcare along with all supporting documentation.
11. The application must be accompanied by the prescribed fee.
12. If you wish to make an application to become an approved rehabilitation provider, complete the enclosed forms, include the processing fee, and submit the application to:
The Director
SRC Policy Section
GPO Box 9905
Canberra City ACT 2601
Email: rehab.approval@comcare.gov.au
Phone enquires: 1300 366 979
‘applicant’ includes:
(a) a sole trader
(b) a partnership, or
(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
‘prescribed fee’ means the fee prescribed by the Safety, Rehabilitation and Compensation Regulations 2002
‘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 a s 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:
HWCA endorsed:
Application for
Approval as a Workplace Rehabilitation Provider
This application will be completed by organisations wishing to apply for 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”.
Contents
Information to Complete the Application
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 initial application requirements...........................25
Appendix 5- Comcare agreement and authorisation.............................28
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”.
Organisations should ensure they fully understand the framework contained in the Guide prior to making an application to become a workplace rehabilitation provider.
If the application is successful, an Instrument of Approval as a workplace rehabilitation provider will be issued for a 3-year period, until 30th June of the third year.
The application includes the following requirements that must be completed to demonstrate how an organisation will conform to the Conditions of Approval.
While considering an application, the workers’ compensation authority may at any time request further information in writing from the organisation 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 |
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. Addresses | Organisation Address
Postal Address
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5. Phone Number |
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6. Fax |
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7. Email |
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8. Contact person for this application | Name
Title
Phone
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9. 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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10. Other workers compensation authorities where approval has been granted. |
List the jurisdictions in which the applicant has a current Instrument of Approval. | |
11. 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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12. 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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13. 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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14. 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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15. 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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An application must demonstrate how the applicant will conform to the Conditions of Approval.
Principle One: Service provision |
1.1 A focus on return to work
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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 & 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 & 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 current checks and clearances where appropriate (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 19).
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 will be implemented in the context of your organisation’s quality assurance model. Confirm your organisation’s agreement to conduct annual self-evaluations.
Please outline how the organisation will ensure that the person(s) who will conduct the provider annual self-evaluations on behalf of the organisation, meet the requirements of an independent evaluator including their qualifications. Please confirm what steps will be taken to ensure they will not personally be responsible for the aspects of the business that they evaluate. Confirm your organisation’s agreement to participate in independent evaluations as required by the workers’ compensation authority.
An organisation must demonstrate management of 12 cases of activity consistent with the model of workplace rehabilitation within any workers’ compensation jurisdiction. (Due consideration will be given to organisations servicing rural and remote areas).
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Outline how your organisation will meet this condition.
If your organisation is currently approved as a provider of workplace rehabilitation services for a workers’ compensation authority, please attach current case data to illustrate conformance with this requirement at this time.
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 will meet and maintain the minimum return to work rate.
If your organisation is currently approved as a provider of workplace rehabilitation services for a workers’ compensation authority, please attach current performance data to illustrate what return to work rates are being achieved at this time.
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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List each location/site.
For each location/site describe how the facilities are accessible and appropriate for all workers, staff and visitors. In your response detail:
For each location/site describe how the facilities 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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ADDRESS*: |
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SITE OR PROVIDER APPROVAL NUMBER, IF APPLICABLE: |
| DETAILS AS AT DATE: |
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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: |
| DETAILS AS AT DATE: |
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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 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 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 application or Instrument of Approval issued by the workers’ compensation authority in the event the 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 & Title of authorised signatory:
______________________________________________________________________________
Signature of authorised signatory:
_________________________________________Date: ___________________
Name & 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 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 Instrument of Approval issued by the workers’ compensation authority in the event the 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 & Title of authorised signatory:
______________________________________________________________________________
Signature of authorised signatory:
_________________________________________Date: ___________________
Name & Title of authorised signatory:
______________________________________________________________________________
Signature of authorised signatory:
_________________________________________Date: ___________________
Please provide the following information and documentation to establish that the applicant meets the Criteria for initial approval or renewal of approval as a rehabilitation program provider (workplace rehabilitation provider) as determined by Comcare under section 34D of the Safety, Rehabilitation and Compensation Act 1988 (“SRC Act”).
Include as necessary: (a) details of attendance at Comcare training (or proposed date) Certified copies of: (b) current registration (where applicable) (c) full professional association membership or eligibility (d) relevant professional qualification (e) workplace rehabilitation experience (f) professional indemnity insurance (if not covered by applicant’s policy).
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Please attach relevant documentation.
3. To the best of the applicant’s knowledge, have any of the following been declared bankrupt in the last seven years? If so, provide details of the circumstances and reasons why there is no cause to reject the applicant’s application. (a) The applicant, or (b) Any of its principals. |
If required please attach explanation.
4. Comcare requires that all workplace rehabilitation providers be subject to the Commonwealth’s Privacy Act 1988. Please indicate which of the following Privacy Act coverage provisions is applicable: (a) The applicant is a Commonwealth agency as defined in section 6 of the Privacy Act 1988 (b) The applicant is an ‘organisation’ as defined in section 6C of the Privacy Act 1988 (e.g. a health service provider or the applicant has an annual turnover exceeding $3 million), or (c) The applicant has opted into coverage under section 6EA of the |
Information on the Privacy Act can be obtained from The Office of the Privacy Commissioner at their website, www.privacy.gov.au or telephone 1300 363 992.
Please attach documentation.
Please provide the following information and documentation to demonstrate the applicant’s ability to achieve and maintain the service standards for workplace rehabilitation providers determined under section 34E of the SRC Act.
5. List the range of services offered by the applicant. Identify those services which would be offered under a return to work assessment or rehabilitation plan under the SRC Act.
Please attach documentation.
6. Explain any training and procedures which are in place to ensure that the applicant and its staff abide by the Commonwealth’s Privacy Act 1988.
7. Describe the applicant’s management of the return to work process, addressing each element of Service Standard 2- (SS2.1 to SS2.17).
Please provide a succinct statement addressing each element.
8. Describe how the applicant will meet Service Standard 3 (SS3.1 to SS3.4).
9. Describe how the applicant will meet Service Standard elements (SS4.3 & SS4.4).
11. Outline the applicant’s charging rates.
Please provide a succinct statement.
12. Provide an example of the applicant’s invoice and invoicing cycle.
14. Describe how the applicant will document evidence on file to demonstrate ongoing compliance with these standards (SS 9.1).
Please provide a succinct statement.
I, _________________________________________________________________
(please print full name)
holding the position of: _______________________________________________ ,
(please print title)
on behalf of the applicant: _____________________________________________
(please print name of applicant)
1) certify that the information provided in this application and in support of the 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 application, and
3) authorise relevant persons to provide to Comcare personal information in relation to this application and for the purposes of enabling Comcare to determine whether the applicant, a relevant principal or employee of the applicant 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 applicant, relevant principals and any workplace rehabilitation provider engaged or employed and the likely effectiveness, availability and cost of the rehabilitation programs which may be provided by the applicant.
If the applicant is approved as a workplace rehabilitation provider, I:
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 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; and
5) agree to advise Comcare in writing within one month of any changes in workplace rehabilitation providers employed or engaged by the applicant to manage return to work plans under the SRC Act, including evidence of qualifications, experience/supervision arrangements and training
6) agree to Comcare listing the applicant’s name, service delivery description and contact details on Comcare’s website.
Signed………………………………………(Applicant) Date………………….