Safety, Rehabilitation and Compensation Act 1988
Section 34S
APPROVAL OF FORM OF APPLICATION FOR RENEWAL OF APPROVAL AS A WORKPLACE REHABILITATION PROVIDER (REHABILITATION PROGRAM PROVIDER)
Comcare, pursuant to section 34S of the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act), with effect on and from 1 January 2013 and for the purposes of paragraph 34K(1)(a) of the SRC Act (approved form for Application for Renewal of approval as a Workplace Rehabilitation Provider (Rehabilitation Program Provider)):
1. revokes the instrument dated 30 October 2009 registered as instrument F2009L04156 on the Federal Register of Legislative Instruments; and
2. approves the attached form (Application for 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: Form of Application for Renewal of Approval as a Workplace Rehabilitation Provider (Rehabilitation Program Provider) - 26 pages.
Safety, Rehabilitation and Compensation Act 1988
APPLICATION FOR
RENEWAL OF APPROVAL
AS A WORKPLACE REHABILITATION PROVIDER
(REHABILITATION PROGRAM 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 Workplace Rehabilitation Providers seeking renewal of approval under that Act.
This application should be read in conjunction with the document Guide: Nationally Consistent Approval Framework for Workplace Rehabilitation Providers” and the Comcare Approval Criteria and Operational Standards.
Contents
Information to complete the Renewal Application
Renewal Application Requirements
Part B – Conforming to the Conditions of Approval
Part C- Comcare additional application requirements
Appendix 2 - Statement of Commitment to the Conditions of Approval
Appendix 3 - Statement of Commitment to the Code of Conduct for Workplace Rehabilitation Providers
‘Applicant’ includes:
(a) a sole trader;
(b) a partnership; or
(c) a company
‘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 34F, 34L or 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
‘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
‘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
‘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
‘Principles of Workplace Rehabilitation’ are the principles set out in Appendix 1 of the Approval Criteria 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 Program Provider’, ‘Provider’, ‘Workplace Rehabilitation Provider’, and ‘WRP’ have the same meaning
‘SRC Act’ means the Safety, Rehabilitation and Compensation Act 1988
‘Workers’ Compensation Authority’ is the body that administers the relevant Workers’ 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
Notes:
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.
Providers should also refer to the Comcare Approval Criteria and Operational Standards to ensure that they are aware of all the criteria that must be satisfied to have their approval as a Workplace Rehabilitation Provider renewed.
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 must be accompanied by the prescribed fee and includes the following requirements that must be completed to demonstrate how a provider will conform to the Conditions of Approval and other criteria for renewal.
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.
Comcare will publish application lodgement details on its website at www.comcare.gov.au .
The provider should lodge the application form to Comcare by 31 Dec (six months prior to the expiry of their current three year period of approval).
The application must be accompanied by the prescribed Comcare renewal fee, and the form is available from the Comcare website.
Comcare enquiries:
Phone: 1300 366 979
Email: rehab.approval@comcare.gov.au
Address: Rehabilitation provider approval team
Comcare
GPO Box 9905
Canberra ACT 2601
Website: www.comcare.gov.au
Name of the Workers’ Compensation Authority where this application is being submitted to:
COMCARE
|
|
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(s), position, and contact details of Principal/Partners/Managing Director etc.
Name, position & contact details 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 (including Comcare).
|
5. Addresses | Organisation Address
Postal Address
|
6. Phone Number |
|
7. Fax |
|
8. Email |
|
9. Contact person for this application | Name Title Phone |
10. Name of person/s who meet the organisational management structure requirements as outlined in Part B, 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 | |
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. | |
|
| |
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:
|
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. [refer to the Jurisdictional Policy Advice JPA 2003/03 on the Comcare website]
|
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:
|
16. Insurance Documents as outlined in Part B, 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:
|
A renewal application must demonstrate how the provider will conform to the Conditions of Approval.
1. Principles of Workplace Rehabilitation
Principle One: Service provision |
1.1 A focus on 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.
1.2 The right services provided at the right time
|
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
|
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
|
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 decisions
|
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
|
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
|
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
|
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 policies
|
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
|
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
|
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
|
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
|
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
|
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
And has 12 months or more experience delivering workplace rehabilitation services. ii. Where a Workplace Rehabilitation Provider 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. |
Your organisation must provide a completed Staff Details sheet - for each location being proposed as part of this application (see Appendix 1 - Staff Details)
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
|
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
|
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. [The current self-evaluation tool ‘Workplace Rehabilitation Provider Evaluation tool is available from the HWCA and Comcare websites. For Comcare, a representative sample of Comcare cases must be reviewed as part of the self-evaluation process]. |
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). [For Comcare this includes details of rehabilitation activity under the SRC Act (for ACT Government, Commonwealth Government and Licensed Self Insurers), and under Military Compensation or Seacare legislation. To be eligible to renew their approval the provider must meet Criterion 4 Renewal of Approval Only- requirements, of the Approval Criteria, from time to time in force under s34D of the SRC Act]. |
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. [For Comcare renewal the provider must detail their performance for the current approval period against the Outcome standards contained in the Operational Standards]. |
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. |
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.
The Workplace Rehabilitation Provider must demonstrate ongoing compliance with the Comcare Operational Standards in place at the time of renewal. This includes compliance with the outcome standards, and the service delivery standards for early intervention, rehabilitation assessment, rehabilitation program services and the service delivery costs. |
Please attach relevant information to illustrate conformance with this requirement.
Where the provider has failed to meet any of the Operational Standards please attach a statement explaining the circumstances.
The Workplace Rehabilitation Provider 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 approval is being sought. |
Please complete the Staff Details sheet (Appendix 1) for each state in which you hold Comcare approval. Please indicate the Consultant ID number for each approved consultant, and attach a document detailing their contact details (email address and contact phone number).
For each new consultant seeking Comcare approval you will need to complete the Comcare Workplace Rehabilitation Provider (consultant) approval form and submit the relevant documentation to Comcare in support of their application. This form is available from the Comcare website.
Staff details sheet completed for each location in the jurisdiction where the application is submitted and where workplace rehabilitation services may be delivered.
ORGANISATION: |
|
|
|
| ||||||||||
ADDRESS*: |
|
| ||||||||||||
STATE & PROVIDER APPROVAL NUMBER, IF APPLICABLE: |
| DETAILS AS AT DATE: |
|
| ||||||||||
|
|
|
|
|
| |||||||||
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), & Comcare consultant ID number | Supervision arrangements for staff with less than 12 months experience. | |||||||||
|
|
|
|
|
| |||||||||
|
|
|
|
|
| |||||||||
|
|
|
|
|
| |||||||||
|
|
|
|
|
| |||||||||
|
|
|
|
|
| |||||||||
|
|
|
|
|
| |||||||||
|
|
|
|
|
| |||||||||
|
|
|
|
|
| |||||||||
|
|
|
|
|
| |||||||||
|
|
|
|
|
| |||||||||
|
|
|
|
|
| |||||||||
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:
Note: The Principles of Workplace Rehabilitation are set out in Appendix 1 of the Approval Criteria.
2. The Workplace Rehabilitation Provider 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.
3. The Workplace Rehabilitation Provider’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.
4. The Workplace Rehabilitation Provider must participate in annual self-evaluations and in independent evaluations as required by the Workers’ Compensation Authority to demonstrate conformance with the Conditions of Approval.
5. The Workplace Rehabilitation Provider must demonstrate management of 12 cases 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 providers servicing rural and remote areas).
6. The Workplace Rehabilitation Provider 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.
7. The Workplace Rehabilitation Provider must provide data to the Workers’ Compensation Authority consistent with the Conditions of Approval.
8. The Workplace Rehabilitation Provider must deliver services in compliance to the Code of Conduct for Workplace Rehabilitation Providers.
9. The Workplace Rehabilitation Provider’s facilities at all locations where services are delivered must provide an accessible and appropriate environment for workers, staff and visitors and comply with local workplace health and safety legislation.
10. The Workplace Rehabilitation Provider must remain financially solvent.
11. The Workplace Rehabilitation Provider 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:
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:___________________
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 Workplace Rehabilitation Providers (Rehabilitation Program 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, I:
4) understand that failure to comply with the Operational Standards for Workplace Rehabilitation Providers (Rehabilitation Program Providers) determined under section 34E of the SRC Act or the Criteria for Approval or Renewal of Approval of Workplace Rehabilitation Providers (Rehabilitation Program 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: