Commonwealth workers' compensation laws to get an overhaul

Workplace Relations Minister Tony Burke has instigated a review of legislation that underpins the Comcare scheme guiding the administration of workers’ compensation for Commonwealth employees.

An independent panel began work on Monday (24 June), tasked with undertaking a comprehensive review of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act), which has not been reviewed since 2012-13.

A comprehensive review will explore best practices in workers’ compensation, employees’ experience of the scheme, scheme coverage, governance arrangements, scheme entitlements, resolving disputes in the scheme, and scheme administration.

The review panel has 12 months to deliver its final report with recommendations for the Federal Government to consider.

In announcing the review, the Minister said the legislation had not been subject to major reforms since its 1988 commencement.

“The nature of workplace injuries and illnesses have changed a lot over the last 35 years,” Mr Burke said.

“This review will tell us what we can do to future-proof the scheme and make sure we’re getting the best outcomes for injured workers.”

The scheme covers over 470,000 people, providing rehabilitation and workers’ compensation arrangements to employees of the Commonwealth Government, the ACT Government and a number of private corporations.

According to the review’s terms of reference, obligations under the Commonwealth Work Health and Safety Act (WHS Act) are not within its scope.

The WHS Act is based on national model legislation.

Responsibility for reforms to the national model WHS Act sits with Safe Work Australia and is subject to agreement by relevant Commonwealth, state and territory ministers.

“The review will not make recommendations for reform of other Commonwealth workers’ compensation schemes such as the military compensation schemes, the Parliamentary Injury Compensation Scheme, the Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 and the Seacare scheme,” the terms state.

“Evidence of the experience of injured employees and their families and of best practice arrangements in these schemes, as well as recent reviews of these schemes, may be considered by the review in making recommendations for reform of the Comcare scheme.

“The final review report will be available for consideration in any future reform of other Commonwealth schemes.”

The review panel is chaired by Justine Ross, who brings more than 20 years’ experience in relevant areas of law to the review.

She was the chief executive officer of the Asbestos Safety and Eradication Agency for five years from 2018.

Ms Ross also has extensive public service legal and policy experience, including in work health and safety, workers’ compensation and workplace relations, and is a former member of Safe Work Australia and the Safety, Rehabilitation and Compensation Commission.

She is joined on the review panel by Robin Creyke, an emeritus professor at the Australian National University, who has extensive practical and academic experience in administrative law.

Professor Creyke is a former member of the Administrative Review Council of Australia, a former senior member of the Administrative Appeals Tribunal, and a member of the Expert Advisory Group to Guide Reform to Australia’s System of Administrative Review.

Personal injury lawyer Gregory Isolani completes the panel.

Mr Isolani’s work as a legal representative in personal injury and workers’ compensation matters has included representing claimants under the Comcare scheme.

In 2001, he founded KCI Lawyers, which specialises in military and Commonwealth compensation matters.

Mr Isolani has appeared before senate and government committees on military and Commonwealth compensation issues.

“The panel brings a range of relevant expertise across workers’ compensation, legal frameworks, claimant experience and government policy,” Mr Burke said.

“The panel will engage with a range of stakeholders to seek their insights and feedback, ensuring that the review reflects the experiences and needs of those directly impacted by the scheme.

“While the review is underway, applications to join the scheme will only be considered from companies that are members of a corporate group in which most employees are already covered by the scheme.

“Before considering further growth of the scheme, we need to ensure the underpinning legislation is fit for purpose and provides effective support for people who are injured at work.”

Details on how to engage with the review can be found on the review pages of the Department of Employment and Workplace Relations website.

Comcare is the national authority for workplace health and safety and workers’ compensation.

It is a statutory authority of the Australian Federal Government established under the SRC Act and covered by the Public Governance, Performance and Accountability Act 2013.

Headquartered in Canberra, with offices in every state and territory, Comcare administers the Commonwealth’s workers’ compensation scheme under the SRC Act and the WHS Act.

The Comcare scheme provides a system for work health and safety, rehabilitation and compensation for employers in Australia.