Part 1—Preliminary
1 Name
This instrument is the Safety, Rehabilitation and Compensation Regulations 2019.
3 Authority
This instrument is made under the Safety, Rehabilitation and Compensation Act 1988.
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Commonwealth authority;
(b) injury;
(c) licence;
(d) licensed authority;
(e) licensed corporation;
(f) licensee;
(g) normal weekly earnings.
In this instrument:
Act means the Safety, Rehabilitation and Compensation Act 1988.
final licence:
(a) in relation to a licensed authority—has the meaning given by subsection 21(1); and
(b) in relation to a licensed corporation—has the meaning given by subsection 27(1).
former licensed authority has the meaning given by subsection 21(1).
former licensed corporation has the meaning given by subsection 27(1).
guarantee means a guarantee for the due discharge of a licensee’s liability to pay compensation and other amounts under the Act that is given by a bank or other body.
Note: Former licensed authorities and former licensed corporations are, during the preservation period, taken to hold a licence that is in force for the purposes of the Act: see paragraphs 22(1)(a) and (b) and 28(1)(a) and (b).
indexation date has the meaning given by subsection 8(9C) of the Act.
manage has the meaning given by section 99 of the Act.
preservation period:
(a) in relation to a licensed authority—has the meaning given by subsection 22(2); and
(b) in relation to a licensed corporation—has the meaning given by subsection 28(2).
preservation period end day:
(a) in relation to a licensed authority—has the meaning given by subsection 22(2); and
(b) in relation to a licensed corporation—has the meaning given by subsection 28(2).
preserved licence:
(a) in relation to a licensed authority—has the meaning given by paragraph 22(1)(a); and
(b) in relation to a licensed corporation—has the meaning given by paragraph 28(1)(a).
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.
6 Entities and principal officers
(1) For the purposes of paragraph (c) of the definition of Entity in subsection 4(1) of the Act, each person, body, organisation or group of persons mentioned in column 1 of an item in the table in Schedule 2 to this instrument is prescribed.
(2) For the purposes of paragraph (c) of the definition of principal officer, in relation to an Entity, in subsection 4(1) of the Act, the principal officer of an Entity mentioned in column 1 of an item in the table in Schedule 2 to this instrument is the person from time to time holding or acting in the office mentioned in column 2 of the item.
7 Forms of medical treatment
(1) For the purposes of paragraph (i) of the definition of medical treatment in subsection 4(1) of the Act, therapeutic treatment by, or under the supervision of, any of the following persons who meet the requirements of subsection (2) of this section is prescribed:
(a) an occupational therapist;
(b) an optometrist;
(c) a podiatrist;
(d) a psychologist;
(e) a speech therapist or speech pathologist.
(2) A person mentioned in any of paragraphs (a) to (e) in subsection (1) meets the requirements of this subsection if the person is:
(a) registered by a national registration authority (within the meaning of section 8 of the Healthcare Identifiers Act 2010); or
(b) if there is no such authority—a member of a relevant professional association.
Part 2—Compensation
8A Prescribed kinds of cancer
For the purposes of item 13 in the table in subsection 7(8) of the Act, a kind of cancer specified in an item of the following table, and the qualifying period specified in the item for that kind of cancer, are prescribed.
Prescribed kinds of cancer |
Item | Disease | Qualifying period |
1 | Primary site lung cancer | 15 years |
2 | Primary site skin cancer | 15 years |
3 | Primary site cervical cancer | 10 years |
4 | Primary site ovarian cancer | 10 years |
5 | Primary site penile cancer | 15 years |
6 | Primary site pancreatic cancer | 10 years |
7 | Primary site thyroid cancer | 10 years |
8 | Malignant mesothelioma | 15 years |
8 Prescribed index—further annual increase in normal weekly earnings after cessation of employment
For the purposes of subsection 8(9B) of the Act, the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) published by the Australian Statistician is prescribed.
9 Manner of calculating further annual increase—indexation after cessation of employment
For the purposes of subsection 8(9D) of the Act, the further increase in normal weekly earnings referred to in subsection 8(9B) of the Act is to be calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the following formula:
where:
F is the greater of the following:
(a) the number (worked out to 4 decimal places and rounded up to 3 decimal places) obtained by dividing the index number by the previous index number;
(b) 1.000.
index number is the index number of the Wage Price Index mentioned in section 8 for the quarter that ended on 31 December in the year immediately before the indexation date.
previous index number is the index number of the Wage Price Index mentioned in section 8 for the quarter that ended on 31 December in the previous year.
WE is the normal weekly earnings that applied immediately before the indexation date.
Note: Under this formula, there will be a further increase in normal weekly earnings only if F is greater than 1.000.
10 Prescribed index—further annual increase in normal weekly earnings in certain other cases
For the purposes of subsection 8(9F) of the Act, the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) published by the Australian Statistician is prescribed.
11 Manner of calculating further annual increase—indexation in certain other cases
For the purposes of subsection 8(9G) of the Act, the further increase in normal weekly earnings referred to in subsection 8(9F) is to be calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the following formula:
where:
F is the greater of the following:
(a) the number (worked out to 4 decimal places and rounded up to 3 decimal places) obtained by dividing the index number by the previous index number;
(b) 1.000.
index number is the index number of the Wage Price Index mentioned in section 10 for the quarter that ended on 31 December in the year immediately before the indexation date.
previous index number is the index number of the Wage Price Index mentioned in section 10 for the quarter that ended on 31 December in the previous year.
WE is the normal weekly earnings that applied immediately before the indexation date.
Note: Under this formula, there will be a further increase in normal weekly earnings only if F is greater than 1.000.
11A Period for determining claim for compensation or request for reconsideration of a determination
(1) For the purposes of subsection 61(1A) of the Act, the determining authority must determine a claim for compensation under section 14 of the Act:
(a) if the claim is in respect of an injury (other than a disease) or an aggravation of an injury (other than a disease)—within the period of 20 calendar days, starting on the day the determining authority receives the claim made in accordance with section 54 of the Act and worked out disregarding any calendar day covered by subsection (3) of this section; or
(b) if the claim is in respect of a disease—within the period of 60 calendar days, starting on the day the determining authority receives the claim made in accordance with section 54 of the Act and worked out disregarding any calendar day covered by subsection (3) of this section.
(2) For the purposes of subsection 62(6) of the Act, the determining authority must decide a request made by a claimant to reconsider a decision within the period of 30 calendar days, starting on the day the determining authority receives the request.
(3) For the purposes of subsection (1), a calendar day is covered by this subsection if it is in a period:
(a) starting on the day referred to in column 2 of an item in the following table; and
(b) ending on the day referred to in column 3 of the item.
Periods in which calendar days are not counted |
Item | Column 1 Situation | Column 2 Start day | Column 3 End day |
1 | The determining authority has, under section 57 of the Act, required the claimant to undergo an examination by a legally qualified medical practitioner nominated by the determining authority | The day the determining authority gives the claimant written notice of the requirement | The day the determining authority receives the results of the examination |
2 | The determining authority has, under section 58 of the Act, requested the claimant to give information or a copy of a document | The day the determining authority gives the claimant written notice of the request | The earlier of the following days: (a) the day the determining authority receives the information or copy of the document; (b) the day the claimant advises the determining authority that the claimant does not have the information or document |
3 | The determining authority has, under section 71 of the Act, required a principal officer of an employer of the claimant to give information or documents | The day the determining authority gives the principal officer written notice of the requirement | The earlier of the following days: (a) the day the determining authority receives the information or documents; (b) the day the principal officer advises the determining authority that the employer does not have the information or document in the employer’s possession, custody or control; (c) the day on which the determining authority reasonably believes the principal officer has failed to comply with the notice |
4 | The claimant has advised the determining authority that the claimant will provide further evidence | The day the claimant so advises the determining authority | The earlier of the following days: (a) the day the determining authority receives the further evidence; (b) the day the claimant advises the determining authority that no further evidence will be provided; (c) the day on which the determining authority reasonably believes the claimant will not provide any further evidence |
5 | The determining authority considers that it is reasonable and necessary to obtain further medical evidence by requiring a report from: (a) the claimant’s legally qualified medical practitioner; or (b) a legally qualified medical practitioner nominated by the determining authority | The day the determining authority requests the further evidence | The day the determining authority receives the report |
Part 3—Approved rehabilitation program providers
12 Renewal date
For the purposes of paragraph (b) of the definition of renewal date in section 34 of the Act, the following intervals are prescribed:
(a) 21 months after the first renewal date determined by the Minister under paragraph (a) of the definition of renewal date in section 34 of the Act;
(b) subject to paragraphs (c) and (d), each period of 3 years after the interval mentioned in paragraph (a) of this section;
(c) the period of 4 years after 30 June 2016;
(d) each period of 3 years after 30 June 2020.
13 Application fee for initial rehabilitation program provider approval
For the purposes of subsection 34C(2) of the Act, the prescribed fee for processing an application for initial approval of a person as a rehabilitation program provider is $2,000.
14 Application fee for renewal of rehabilitation program provider approval
For the purposes of subsection 34K(2) of the Act, the prescribed fee for processing an application for renewal of a person as a rehabilitation program provider is as follows:
(a) if the person provides a rehabilitation program in one State or Territory—$1,000;
(b) if the person provides a rehabilitation program in 2 or 3 States or Territories—$3,000;
(c) if the person provides a rehabilitation program in 4 or more States or Territories—$5,000.
Part 4—Licences to enable Commonwealth authorities and certain corporations to accept liability for, and/or manage, claims
Division 1—Application for grant of a licence
15 Application for grant of a licence
For the purposes of paragraph 102(1)(a) of the Act, any written form of application that:
(a) contains the particulars prescribed under section 16 of this instrument; and
(b) contains the information, and is accompanied by the documents, mentioned in section 17 of this instrument; and
(c) contains a statement that the applicant certifies that the particulars and information provided are correct and that any copies of documents provided are true copies of the originals of those documents; and
(d) provides for the application to be signed by:
(i) if the applicant is a Commonwealth authority—the principal officer of the authority; or
(ii) if the applicant is an eligible corporation—the principal executive officer of the corporation;
is prescribed.
16 Particulars to be included in licence application
For the purposes of paragraph 102(1)(b) of the Act, the particulars set out in the following table are prescribed.
Item | Particulars |
1 | The full name of the applicant |
2 | The business name (if any) used by the applicant, and the date and place of registration of such business name |
3 | The applicant’s ABN |
4 | If the applicant: (a) is a Commonwealth authority—the name of the applicant’s principal officer; or (b) is an eligible corporation—the name of the corporation’s principal executive officer |
5 | The full street address and postal address of the applicant’s principal office, and of any other registered office |
6 | The name, email address and telephone number of an officer nominated by the applicant for communication relating to the application |
7 | The URL of any website operated by the applicant in relation to the applicant’s business or undertaking |
8 | If the applicant is a Commonwealth authority—the name of the Act by which it is established |
9 | If the applicant is an eligible corporation—the date and place of its incorporation |
10 | The names of the directors or members of the governing body (if any) of the applicant |
11 | An organisational chart setting out: (a) the structure of the applicant; and (b) the subsidiaries (if any) of the applicant |
12 | Details of any parent guarantees or indemnities |
13 | Details of the applicant’s employees to whom the proposed licence will apply |
14 | The total number of the applicant’s employees, disaggregated by location and structure |
15 | The total salary and wage expenditure of the applicant for the last financial year, disaggregated by location and structure |
16 | The scope of the proposed licence |
17 Information and documents required for licence application
For the purposes of paragraph 102(1)(c) of the Act, the information that must be contained in, and the documents that must accompany, an application are as follows:
(a) the information and documents set out in Parts 1, 2, 3 and 4 of the table in Schedule 1 to this instrument;
(b) for an application for a licence to accept liability—the information and documents set out in Part 5 of the table in Schedule 1;
(c) for an application for a licence in relation to only some of the applicant’s employees—the information set out in Part 6 of the table in Schedule 1;
(d) if the applicant will be responsible for managing claims by employees—the information set out in the Part 7 of the table in Schedule 1;
(e) for an application by a Commonwealth authority—details of its consultation with the Minister responsible for the authority about the authority’s intention to apply for a licence.
Division 2—Suspension and revocation of licences
Subdivision A—Consequences of suspension or revocation of licence—licensed authorities
18 Purpose of this Subdivision
This Subdivision is made for the purposes of section 107A of the Act and provides for the consequences of:
(a) the suspension, under paragraph 106(1)(a) of the Act, of a licence held by a licensed authority; and
(b) the revocation, under paragraph 106(1)(b) or section 107 of the Act, of a licence held by a licensed authority.
19 Consequences of suspension of licence of licensed authority
Application
(1) This section applies if a licence held by a licensed authority is suspended under paragraph 106(1)(a) of the Act.
Liability
(2) If the licence authorises the licensed authority to accept liability under the Act for payments in respect of injury, loss or damage suffered by, or the death of, any of its employees:
(a) that liability is not affected by the suspension of the licence; and
(b) during the period of the licence suspension, Comcare may discharge a liability mentioned in paragraph (a); and
(c) the licensed authority must pay to Comcare the full amount of any liability discharged under paragraph (b), unless section 20 applies.
Claims management
(3) If the licence authorises the licensed authority to accept responsibility to manage claims made by its employees:
(a) during the period of the licence suspension:
(i) the licensed authority must not manage those claims; and
(ii) Comcare must manage those claims in the name of the licensed authority; and
(iii) on receiving a claim, notice or other communication, or being served with any proceedings in relation to a claim, the licensed authority must give the claim, notice, communication or details of the proceedings to Comcare; and
(iv) the licensed authority must give to Comcare all documents, information and assistance reasonably required for Comcare to manage those claims; and
(b) the licensed authority must pay to Comcare an amount determined by Comcare to be the costs incurred by Comcare in managing claims under subparagraph (a)(ii) (including any costs incurred in transferring the claim from the licensed authority to Comcare), unless section 20 applies; and
(c) Comcare is not liable to the licensed authority for any act or omission in managing claims under subparagraph (a)(ii).
Note: Under section 15 of the Safety, Rehabilitation and Compensation Directions 2019, the Commission may suspend a licence held by a licensed authority, but may not suspend a licence held by a licensed corporation.
20 Money payable under guarantee if licence of licensed authority suspended
Application
(1) This section applies if the Commission makes a demand for payment under a guarantee that is in force in relation to a licensed authority whose licence is suspended.
Dealing with guarantee money
(2) The money (guarantee money) payable in response to the demand must be paid to Comcare.
(3) Comcare must pay all guarantee money it receives into a separate bank account until the money can be dealt with in accordance with this section.
Note: Money that is not immediately required for the purposes of Comcare may be invested: see section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities).
(4) To avoid doubt, Comcare holds guarantee money on its own account and not on behalf of the Commission or the Commonwealth.
(5) Comcare may use guarantee money to do any of the following:
(a) discharge a liability mentioned in subsection 19(2);
(b) meet a cost mentioned in paragraph 19(3)(b);
(c) reimburse itself if it has discharged a liability, or met a cost, of that kind without using guarantee money.
Dealing with guarantee money when all outgoings paid
(6) If, after the end of the period of the licence suspension, Comcare determines that:
(a) there are unlikely to be any further outgoings of guarantee money under subsection (5); and
(b) there is any guarantee money remaining;
Comcare must deal with the remaining money in the way provided for in the guarantee.
(7) However, if the guarantee does not make any provision about how the remaining money is to be dealt with, Comcare must pay the remaining money:
(a) to the licensed authority; or
(b) if the licensed authority no longer exists:
(i) in accordance with any law of the Commonwealth that makes provision about the distribution of the authority’s assets; or
(ii) in any other case—to the bank or other body that paid the money to Comcare.
21 Consequences of revocation of licence of licensed authority
Application
(1) This section applies if a licence (the final licence) held by a licensed authority (the former licensed authority) is revoked under paragraph 106(1)(b) or section 107 of the Act.
Liability
(2) If the final licence (as in force immediately before the revocation) authorised the former licensed authority to accept liability under the Act for payments in respect of injury, loss or damage suffered by, or the death of, any of its employees:
(a) the former licensed authority ceases to be liable under the Act for payments in respect of any injury, loss or damage suffered by, or death of, an employee occurring on or after the day when the licence is revoked; and
(b) the former licensed authority remains liable under the Act for payments in respect of injury, loss or damage suffered by, or the death of, an employee occurring before the final licence was revoked; and
(c) Comcare may discharge a liability mentioned in paragraph (b); and
(d) the former licensed authority must pay to Comcare the full amount of any liability discharged by Comcare under paragraph (c), unless section 24 applies.
Claims management
(3) If the final licence (as in force immediately before the revocation) authorised the former licensed authority to manage claims:
(a) the former licensed authority must not manage a claim in respect of an injury, loss or damage suffered by, or the death of, any of its employees, whenever occurring; and
(b) Comcare must manage any claims mentioned in paragraph (a); and
(c) the former licensed authority must:
(i) on receiving a claim, notice or other communication, or being served with any proceedings in relation to a claim—give the claim, notice, communication or proceedings to Comcare; and
(ii) give Comcare all documents, information and assistance reasonably required for Comcare to manage claims by employees of the former licensed authority; and
(d) the former licensed authority must pay to Comcare an amount determined by Comcare to be the costs incurred by Comcare in managing claims (including any costs incurred in transferring the claim from the former licensed authority to Comcare) in respect of an injury, loss or damage suffered by, or the death of, any of the former licensed authority’s employees that occurred while it held the final licence, unless section 24 applies.
(4) An act done, decision made or notice or communication given, received or made by the former licensed authority in managing a claim before the day the final licence was revoked, is taken, on and after that day, to have been done, made, given or received by Comcare.
Comcare taken to be party to proceedings
(5) If the former licensed authority was a party to proceedings in relation to a matter arising under the Act that had not been completed on the day of revocation, Comcare is, on and after that day, taken for all purposes to be the party to those proceedings in place of the former licensed authority.
Act continues to apply
(6) Subject to this section, the Act continues to apply to the former licensed authority and its employees.
(7) Comcare is liable under the Act for payments in respect of injury, loss or damage suffered by, or the death of, an employee of the former licensed authority occurring on or after the date of revocation.
Continued liability to pay premiums in certain circumstances
(8) The former licensed authority is liable to pay premiums under the Act in respect of liability mentioned in subsection (7).
22 Effect of revocation—former licensed authorities
(1) The following provisions have effect in relation to the former licensed authority during the preservation period despite the revocation of the authority’s final licence:
(a) the former licensed authority is taken to hold a licence (the preserved licence) with the same scope as the final licence held by the authority immediately before the final licence was revoked;
(b) the preserved licence:
(i) is taken to be a licence that is in force for the purposes of the Act in accordance with this Division; and
(ii) is subject to the same conditions as the final licence;
(c) the functions, powers, rights, obligations and liabilities of the former licensed authority under the Act that applied in relation to the authority immediately before the revocation of the final licence continue to apply in relation to the authority;
(d) unless Comcare arranges for another person to act as the rehabilitation authority for the authority’s employees in accordance with section 25—the principal officer of the former licensed authority is taken to be the rehabilitation authority for the authority’s employees and sections 36, 37, 38, 39, 41 and 41A of the Act apply;
(e) the former licensed authority is, for the purposes of section 40 of the Act, taken to be the relevant employer of the authority’s employees;
(f) Comcare and the Commission may perform their respective functions and exercise their respective powers under the Act:
(i) in relation to the preserved licence as if the preserved licence were the final licence; and
(ii) in relation to the former licensed authority as if the former licensed authority were a licensed authority.
(2) For the purposes of subsection (1), the preservation period is the period beginning on the day the final licence is revoked and ending on the day (the preservation period end day) determined by the Commission under subsection 23(2).
(3) On and after the day the final licence is revoked, the Act ceases to apply to the former licensed authority and its employees, except as provided by this Subdivision.
23 Commission to determine end of preservation period
(1) A former licensed authority may, in writing, request the Commission to notify the authority when the preservation period for the authority has ended.
(2) If the Commission receives a request under subsection (1), the Commission must determine, in writing, the preservation period end day for the former licensed authority if it is satisfied that all of the following are true:
(a) the former licensed authority has no remaining liability (whether actual, contingent or prospective) to pay compensation or any other amount under the Act in accordance with this section;
(b) the principal officer of the former licensed authority has no remaining functions, obligations or responsibilities as a rehabilitation authority under the Act in accordance with this section;
(c) the former licensed authority has no remaining functions, obligations or responsibilities as a relevant employer under the Act in accordance with this section.
(3) The Commission must provide the former licensed authority with a copy of the determination as soon as practicable after making the determination.
(4) However, if, after making the determination, the Commission becomes aware that one or more of the matters mentioned in paragraphs (2)(a), (b) and (c) is or are not true in relation to the former licensed authority:
(a) the Commission must revoke the determination and must notify the authority of the revocation; and
(b) upon revocation:
(i) the determination is taken never to have been made; and
(ii) the preservation period in relation to the authority continues to apply.
(5) The former licensed authority may, at any time after being notified of a revocation under subsection (4), make a further request under subsection (1).
(6) The Commission may also make a determination under subsection (2) on its own initiative if it is satisfied that all of the matters mentioned in paragraphs (2)(a), (b) and (c) are true in relation to the former licensed authority, and if it does so:
(a) it must provide a copy of the determination to the former licensed authority as soon as practicable after making the determination; and
(b) subsection (4) applies in relation to the determination.
24 Money payable under guarantee if licence of licensed authority is revoked
Application
(1) This section applies if the Commission makes a demand for payment under a guarantee that is in force in relation to a former licensed authority.
Dealing with guarantee money
(2) The money (guarantee money) payable in response to the demand must be paid to Comcare.
(3) Comcare must pay all guarantee money it receives into a separate bank account until the money can be dealt with in accordance with this section.
Note: Money that is not immediately required for the purposes of Comcare may be invested: see section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities).
(4) To avoid doubt, Comcare holds guarantee money on its own account and not on behalf of the Commission or the Commonwealth.
(5) Comcare may use guarantee money to do any of the following:
(a) discharge a liability mentioned in paragraph 21(2)(b);
(b) meet a cost mentioned in paragraph 21(3)(d);
(c) reimburse itself if it has discharged a liability, or met a cost, of that kind without using guarantee money;
(d) reimburse itself for the cost of any arrangements made by it under subsection 25(1) that is not paid directly to Comcare by the former licensed authority.
(6) If Comcare has received an actuarial report assessing the total value of any amounts of a kind mentioned in paragraph (5)(a), (b) or (d) that are likely to become payable in the future, Comcare may take from the guarantee money an amount equal to the assessment.
Dealing with guarantee money when all outgoings paid
(7) If Comcare determines that:
(a) there are unlikely to be any further outgoings of guarantee money under subsections (5) and (6); and
(b) there is any guarantee money remaining;
Comcare must deal with the remaining money in the way provided for in the guarantee.
(8) However, if the guarantee does not make any provision about how the remaining money is to be dealt with, Comcare must pay the remaining money:
(a) to the former licensed authority; or
(b) if the former licensed authority no longer exists:
(i) in accordance with any law of the Commonwealth that makes provision about the distribution of the assets of the former licensed authority; or
(ii) in any other case—to the bank or other body that paid the money to Comcare.
25 Performance of employer functions by former licensed authority following revocation of licence
(1) If Comcare considers that it would be appropriate to do so, Comcare may arrange for the employer functions of a former licensed authority in relation to affected employees to be performed by a person:
(a) whom Comcare considers suitable to perform those functions; and
(b) who is willing to enter into an arrangement with Comcare for the performance of the functions.
(2) For the purposes of this section:
affected employee means an employee of a former licensed authority to whom a liability mentioned in paragraph 21(2)(b) relates.
employer functions, in relation to an affected employee, are the following:
(a) acting as the rehabilitation authority for the employee;
(b) acting as the relevant employer, within the meaning of subsection 40(2) of the Act, of the employee;
(c) acting for the former licensed authority in making:
(i) a request for reconsideration of a determination under paragraph 62(2)(c) of the Act; or
(ii) an application for review of a reviewable decision under paragraph 64(1)(c) of the Act.
Subdivision B—Consequences of revocation of licence—licensed corporations
26 Purpose of this Subdivision
This Subdivision is made for the purposes of paragraph 107A(b) of the Act and provides for the consequences of the revocation, under paragraph 106(1)(b) or section 107 of the Act, of a licence held by a licensed corporation.
27 Consequences of revocation of licence of licensed corporation
Application
(1) This section applies if a licence (the final licence) held by a licensed corporation (the former licensed corporation) is revoked under paragraph 106(1)(b) or section 107 of the Act.
Liability
(2) If the final licence (as in force immediately before the revocation) authorised the former licensed corporation to accept liability under the Act for payments in respect of injury, loss or damage suffered by, or the death of, any of its employees:
(a) the former licensed corporation ceases to be liable under the Act for payments in respect of any injury, loss or damage suffered by, or death of, an employee occurring on or after the day when the final licence is revoked; and
(b) the former licensed corporation remains liable under the Act for payments in respect of injury, loss or damage suffered by, or the death of, an employee occurring before the final licence was revoked.
Claims management
(3) If the final licence (as in force immediately before the revocation) authorised the former licensed corporation to accept responsibility to manage claims under the Act:
(a) the former licensed corporation must manage a claim under the Act (regardless of when the claim is made) in respect of an injury, loss or damage suffered by, or the death of, an employee occurring before the revocation of the final licence as if the final licence had not been revoked; and
(b) the former licensed corporation must not manage a claim under the Act in respect of any injury, loss, damage or death occurring on or after the day of revocation of the final licence; and
(c) the former licensed corporation remains a party to proceedings in respect of any matter arising under the Act that, on the day of revocation of the final licence, had not been completed.
28 Effect of revocation—former licensed corporations
(1) The following provisions have effect in relation to the former licensed corporation during the preservation period despite the revocation of the corporation’s final licence:
(a) the former licensed corporation is taken to hold a licence (the preserved licence) with the same scope as the final licence held by the corporation immediately before the final licence was revoked;
(b) the preserved licence:
(i) is taken to be a licence that is in force for the purposes of the Act in accordance with this Division; and
(ii) is subject to the same conditions as the final licence;
(c) the functions, powers, rights, obligations and liabilities of the former licensed corporation under the Act that applied in relation to the corporation immediately before the revocation of the final licence continue to apply in relation to the corporation;
(d) unless Comcare arranges for another person to act as the rehabilitation authority for the corporation’s employees in accordance with section 31—the principal officer of the former licensed corporation is taken to be the rehabilitation authority for the corporation’s employees and sections 36, 37, 38, 39, 41 and 41A of the Act apply;
(e) the former licensed corporation is, for the purposes of section 40 of the Act, taken to be the relevant employer of the corporation’s employees;
(f) Comcare and the Commission may perform their respective functions and exercise their respective powers under the Act:
(i) in relation to the preserved licence as if the preserved licence were the final licence; and
(ii) in relation to the former licensed corporation as if the former licensed corporation were a licensed corporation.
(2) For the purposes of subsection (1), the preservation period is the period beginning on the day the final licence is revoked and ending on the day (the preservation period end day) determined by the Commission under subsection 29(2).
(3) On and after the day the final licence is revoked, the Act ceases to apply to the former licensed corporation and its employees, except as provided by this Subdivision.
Note: Under subsection 108A(7) of the Act, while a licensed corporation is authorised to accept liability to pay compensation in respect of a particular injury, loss or damage suffered by, or in respect of the death of, some or all of its employees:
(a) no law of a State or Territory relating to workers compensation applies to the licensee in respect of such injury, loss, damage or death; and
(b) any liability or obligation of the corporation under State or Territory law for such injury, loss, damage or death occurring before the licence came into force is unaffected.
29 Commission to determine end of preservation period
(1) A former licensed corporation may, in writing, request the Commission to notify the corporation when the preservation period for the corporation has ended.
(2) If the Commission receives a request under subsection (1), the Commission must determine, in writing, the preservation period end day for the former licensed corporation if it is satisfied that all of the following are true:
(a) the former licensed corporation has no remaining liability (whether actual, contingent or prospective) to pay compensation or any other amount under the Act in accordance with this section;
(b) the principal officer of the former licensed corporation has no remaining functions, obligations or responsibilities as a rehabilitation authority under the Act in accordance with this section;
(c) the former licensed corporation has no remaining functions, obligations or responsibilities as a relevant employer under the Act in accordance with this section.
(3) The Commission must provide the former licensed corporation with a copy of the determination as soon as practicable after making the determination.
(4) However, if, after making the determination, the Commission becomes aware that one or more of the matters mentioned in paragraphs (2)(a), (b) and (c) is or are not true in relation to the former licensed corporation:
(a) the Commission must revoke the determination and must notify the corporation of the revocation; and
(b) upon revocation:
(i) the determination is taken never to have been made; and
(ii) the preservation period in relation to the corporation continues to apply.
(5) The former licensed corporation may, at any time after being notified of a revocation under paragraph (4)(a), make a further request under subsection (1).
(6) The Commission may also make a determination under subsection (2) on its own initiative if it is satisfied that all of the matters mentioned in paragraphs (2)(a), (b) and (c) are true in relation to the former licensed authority, and if it does so:
(a) it must provide a copy of the determination to the former licensed authority as soon as practicable after making the determination; and
(b) subsection (4) applies in relation to the determination.
30 Money payable under guarantee if licence of licensed corporation is revoked
Application
(1) This section applies if the Commission makes a demand for payment under a guarantee that is in force in relation to a former licensed corporation.
Dealing with guarantee money
(2) The money (guarantee money) payable in response to the demand must be paid to Comcare.
(3) Comcare must pay all guarantee money it receives into a separate bank account until the money can be dealt with in accordance with this section.
Note: Money that is not immediately required for the purposes of Comcare may be invested: see section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities).
(4) To avoid doubt, Comcare holds guarantee money on its own account and not on behalf of the Commission or the Commonwealth.
(5) Comcare may take from the guarantee money:
(a) any amounts needed:
(i) to discharge any liability mentioned in paragraph 27(2)(b) that Comcare decides to discharge; and
(ii) to meet claims management costs, for any claims mentioned in paragraph 27(3)(a) (relevant claims) that Comcare decides to manage or arrange to be managed, that are not paid directly to Comcare by the former licensed corporation; and
(iii) to enable Comcare to meet the cost of any arrangement mentioned in subsection 31(1) that Comcare decides to make; and
(b) if Comcare has received an actuarial report assessing the total value of any amounts needed for a purpose mentioned in paragraph (a) that are likely to become payable in the future—an amount equal to the assessment.
Dealing with guarantee money when all outgoings paid
(6) If Comcare determines that:
(a) there are unlikely to be any further outgoings of guarantee money under subsection (5); and
(b) there is any guarantee money remaining;
Comcare must deal with the remaining money in the way provided for in the guarantee.
(7) However, if the guarantee does not make any provision about how the remaining money is to be dealt with, Comcare must pay the remaining money:
(a) to the former licensed corporation; or
(b) if the former licensed corporation no longer exists:
(i) in accordance with any law of the Commonwealth that makes provision about the distribution of the assets of the former licensed corporation; or
(ii) in any other case—to the bank or other body that paid the money to Comcare.
Comcare may manage relevant claims
(8) Comcare may decide:
(a) to manage relevant claims; or
(b) to arrange for some, or all, relevant claims to be managed by a person:
(i) whom it considers suitable to manage the claims; and
(ii) who is willing to enter into an arrangement with Comcare for the management of the claims.
(9) If Comcare manages a relevant claim under paragraph (8)(a), Comcare must determine an amount as the costs incurred by Comcare in managing the claim.
(10) Each of the following is a claims management cost:
(a) the cost of an arrangement mentioned in subparagraph (8)(b)(ii);
(b) the amount mentioned in subsection (9);
(c) the amount determined by Comcare as the costs incurred by Comcare in transferring the claim from the former licensed corporation to Comcare.
Former licensed corporation must notify Comcare of relevant claims received
(11) The former licensed corporation must:
(a) on receiving a claim, notice or other communication, or being served with any proceedings in relation to a claim—give the claim, notice, communication or proceedings to Comcare; and
(b) give Comcare all documents, information and assistance reasonably required for Comcare to manage the relevant claim or proceedings.
31 Performance of employer functions by former licensed corporation following revocation of licence
(1) If Comcare considers that it would be appropriate to do so, Comcare may arrange for the employer functions of a former licensed corporation in relation to affected employees to be performed by a person:
(a) whom Comcare considers suitable to perform those functions; and
(b) who is willing to enter into an arrangement with Comcare for the performance of the functions.
(2) For the purposes of this section:
affected employee means an employee of a former licensed corporation to whom a liability mentioned in paragraph 27(2)(b) relates.
employer functions, in relation to an affected employee, means either or both of the following:
(a) acting as the rehabilitation authority for the affected employee;
(b) acting as the relevant employer, within the meaning of subsection 40(2) of the Act, of the affected employee.
Subdivision C—Compensation for acquisition of property
32 Compensation for acquisition of property
(1) If the payment of money by Comcare under subsection 20(6) or (7), 24(7) or (8) or 30(6) or (7) would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
Part 5—Application, saving and transitional provisions
Division 1—Provisions for this instrument as originally made
33 Definitions
In this Division:
commencement day means the day this instrument commences.
old regulations means the Safety, Rehabilitation and Compensation Regulations 2002, as in force immediately before the commencement day.
34 Pre‑commencement application for grant of a licence
(1) This section applies in relation to an application by an eligible applicant for the grant of a licence in accordance with section 102 of the Act if:
(a) the application was made before the commencement day; and
(b) immediately before that day, a decision on the application has not been made.
(2) Despite the repeal of the old regulations, Part 4 of, and Schedules 1, 2 and 3 to, those regulations continue to apply in relation to the application as if the repeal had not happened.
35 Suspension and revocation of licences
(1) This section applies in relation to the suspension or revocation of a licence if the licence was suspended or revoked before the commencement day.
(2) Despite the repeal of Part 5 of the old regulations, that Part continues to apply in relation to the suspension or revocation on or after the commencement day as if the repeal had not happened.
Division 2—Provisions for the Safety, Rehabilitation and Compensation Amendment (Prescribed Cancers) Regulations 2022
36 Application of amendments
Section 8A, as inserted by the Safety, Rehabilitation and Compensation Amendment (Prescribed Cancers) Regulations 2022, applies in relation to a decision made under the Act (including a decision on reconsideration or review under Part VI of the Act), after the commencement of that instrument, in relation to a cancer mentioned in that section sustained by an employee on or after 4 July 2011.
Division 3—Provisions for the Safety, Rehabilitation and Compensation Amendment (Period for Decision‑making) Regulations 2023
37 Application of period for determining claim for compensation or request for reconsideration of a determination
Section 11A, as added by the Safety, Rehabilitation and Compensation Amendment (Period for Decision‑making) Regulations 2023, applies in relation to:
(a) a claim for compensation under section 14 of the Act made in accordance with section 54 of the Act on or after the commencement of that instrument; and
(b) a request to reconsider a decision under section 38 or 62 of the Act made by a claimant on or after the commencement of that instrument.
