Comcare and the federal workers compensation scheme: SRC Act 1988 explained
Guide to Comcare, the Commonwealth workers compensation scheme, eligible employers and self-insurance licences under the SRC Act 1988.
What Comcare is
Comcare is the national authority responsible for work health and safety, and workers compensation, for Commonwealth employees and certain self-insured corporations. It operates under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) and the Work Health and Safety Act 2011 (Cth).
The workers compensation scheme administered by Comcare covers employees of the Commonwealth, Commonwealth authorities, the Australian Capital Territory Government and self-insured private corporations.
The Safety, Rehabilitation and Compensation Commission (SRCC) regulates self-insurance licences within this scheme.
Who is covered
The federal workers compensation scheme, established by the Safety, Rehabilitation and Compensation Act 1988 (SRC Act), provides coverage to specific entities within Australia. Commonwealth Government agencies and statutory authorities are automatically covered under the scheme.
Certain Commonwealth authorities have arrangements in place where claims management is delegated to Comcare. This means Comcare handles the claims process for these specific authorities.
The scheme also extends to self-insured licensees. These are private corporations that have been declared eligible by the Minister and have received a licence from the Safety Rehabilitation and Compensation Commission (SRCC).
Becoming a self-insured licensee
Becoming a self-insured licensee involves a two-step process. First, a minister must declare the corporation eligible for self-insurance. Second, the corporation must then apply to the Safety Rehabilitation and Compensation Council (SRCC) for the self-insurance licence.
Eligibility for this process is determined by factors such as whether the corporation is in competition with a Commonwealth authority, or whether it carries on business in two or more States or Territories.
Self-insurance licences can be granted for either claims management only, or for claims management plus liability (full self-insurance). All licences are issued for fixed terms and are subject to ongoing conditions relating to performance, financial viability and prudential matters.
Entitlements and dispute resolution
Entitlements under the federal workers compensation scheme, as governed by the SRC Act 1988, include medical treatment for reasonable expenses related to a work-related injury. Incapacity payments are provided at 100% of normal weekly earnings for the initial 45 weeks, reducing to 75% thereafter, according to sections 19-20 of the Act. Further, permanent impairment lump sums are available under section 24, with the maximum statutory amount adjusted annually.
The SRC Act 1988 outlines a process for addressing disagreements about decisions made under the scheme. Decisions can be reconsidered internally.
Following internal reconsideration, there is a pathway for appeal to the Administrative Review Tribunal.
Frequently asked
Can any private business self-insure under Comcare?
No. The corporation must be declared eligible by the Minister, generally because it operates across multiple states or competes with a Commonwealth authority, and then must satisfy the SRCC of its capacity to manage claims and meet prudential requirements.
Does Comcare cover WHS prosecutions too?
Yes. Comcare is also the WHS regulator for Commonwealth public sector employers and self-insured licensees under the Work Health and Safety Act 2011 (Cth).