Amendments to the SRC Act and SRC Regulations

Amendments to the SRC Act

Amendments to the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) have been made over time.

2023 SRC Act Amendments

The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 was assented to on 14 December 2023 and introduces presumptive workers’ compensation coverage under the SRC Act for first responders and members of a class of employees declared by the Minister, who suffer, or are suffering from Post-Traumatic Disorder (PTSD). This measure provides a presumption that PTSD suffered by these employees was contributed to, to a significant degree, by employment.

The presumption applies to specified employees in Commonwealth and Australian Capital Territory workplaces from 15 December 2023:

• Australian Federal Police
• Australian Border Force
• Firefighters, ambulance officers (including paramedics), emergency services communications operators and other persons engaged under the Australian Capital Territory Emergencies Act 2004.

The changes also require Comcare, in consultation with the Safety, Rehabilitation and Compensation Commission, to prepare a Guide for Arranging Rehabilitation Assessments and Requiring Examinations to support the exercising of powers to arrange rehabilitation assessments and independent medical examinations.

Requirements for decision makers in the new Guide will include:

• relying on the treating medical practitioner as much as possible
• specifying circumstances where a worker is required to undergo a rehabilitation assessment or examination
• limiting the number of rehabilitation assessments and medical examinations that may be required
• taking into account the employee’s views about the selection of the person who will conduct the rehabilitation assessment or examination.

The changes will also make requests to undergo medical examinations under section 57 of the SRC Act determinations that are reviewable and can be subject to review by the Administrative Appeals Tribunal. These amendments will commence on 14 June 2024.

More information: Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 - Explanatory Memorandum

2022 SRC Act Amendments

Following the passage of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, the SRC Act has been amended to streamline access to workers’ compensation for firefighters covered by the Act.

The legislative amendments commenced on 7 December 2022 and include:

• Reducing the qualifying period for oesophageal cancer from 25 years to 15 years in relation to primary site oesophageal cancer sustained by an employee on or after 4 July 2011 (item 12 of the table in subsection 7(8) of the SRC Act).
• Extending coverage of the firefighter provisions to persons taken to be employed by the Australian Capital Territory by operation of a declaration made under subsection 5(15) of the SRC Act (volunteer firefighters).
• Updating the references to the emergency services legislation of the Australian Capital Territory included in the SRC Act.
• Amending subsection 7(9)(a) of the SRC Act to specify that an employee is taken to have been employed as a firefighter if firefighting duties made up a 'not insubstantial portion of their duties'.
• Introducing the ability for the Australian Capital Territory (ACT) to establish an 'ACT firefighting advisory committee' to assist in the determination of whether firefighting or related duties have made up a 'not insubstantial' portion of the duties for ACT volunteer firefighters covered by the SRC Act.

2017 SRC Act Amendments

The Comcare and Seacare Legislation Amendment (Pension Age and Catastrophic Injury) Act 2017 came into effect on 26 June 2017. The changes include:

• a new definition of ‘catastrophic injury’ as reflected in the minimum benchmarks for the 'National Injury Insurance Scheme'
• removal of the cap on weekly compensation for household services and attendant care services obtained as a result of a catastrophic injury
• removal of the 28 day wait period for household services compensation
• replacing references to the age of 65 with ‘pension age’ to ensure there is no gap between cessation of incapacity payments and ‘pension age’ as defined in the Social Security Act.

2016 SRC Act Amendments

The Safety, Rehabilitation and Compensation Legislation Amendment (Exit Arrangements) Act 2016 came into effect on 12 February 2016. The changes include:

• enabling Comcare to determine and collect `exit contributions' from former Commonwealth authorities and successors of former Commonwealth authorities
• enabling Comcare to determine and collect ongoing regulatory contributions from exited employers or successor bodies
• continued rehabilitation support by an appropriate rehabilitation authority for employees injured before an employer's exit from the scheme.

2011 SRC Act Amendments

The Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2011 came into effect on 7 December 2011. The changes include:

• workers’ compensation coverage during an ordinary recess was reinstated
• workers’ compensation coverage for employees while overseas in a declared place, or who belong to a declared class of employee, was extended
• access to medical expenses compensation where payment of other compensation was suspended
• Comcare was given access to the Consolidated Revenue Fund to pay certain compensation claims in respect of diseases with long latency periods.

2009 SRC Act Amendments

The Employment and Workplace Relations Amendment Act 2009 came into effect on 1 July 2008. The changes include:

• an increase in lump sum compensation to $400,000 for dependants and $110 a week (to be increased annually) for prescribed children in the event of a work-related death.

2007 Safety, Rehabilitation and Compensation and Other Legislation Amendments

The Safety, Rehabilitation Compensation and Other Legislation Amendment Bill 2006 came into effect, with most of the changes commencing from 13 April 2007. The changes include:

• injury and disease definitions that strengthen the connection between employment and eligibility for workers’ compensation
• the calculation of weekly incapacity for employees who have retired and received a superannuation amount from a superannuation scheme
• suitable employment means any employment (including self-employment) where workers are no longer employed by the Australian Government or a self-insured licensee
• increases in the maximum level of funeral benefits payable.

Amendments to the SRC Regulations

Amendments to the Safety, Rehabilitation and Compensation Regulations 2019 (SRC Regulations) have been made over time.

SRC Regulations Amendments from 2022

Safety, Rehabilitation and Compensation Amendment (Prescribed Cancers) Regulations 2022

Made: 15 December 2022
Commenced: (Gazette or Federal Register of Legislation): 17 December 2022 F2022L01669

Expands the list of prescribed cancers for firefighters to include primary site lung, skin, cervical, ovarian, penile, pancreatic and thyroid cancer, and malignant mesothelioma.

Safety, Rehabilitation and Compensation Amendment (Period for Decision-making) Regulations 2023

Made: 13 December 2023
Commenced: (Gazette or Federal Register of Legislation): 1 April 2024 F2023L01692

The amendment prescribes timeframes for decision making under the SRC Act in relation to initial claims for workers’ compensation made under section 14 of the Act, and for reconsiderations of determinations following a request made by a claimant.

The Regulations prescribe the following periods for decision-making:

• 20 calendar days for claims made in respect of an injury (other than a disease) or an aggravation of an injury (other than a disease)
• 60 calendar days for claims made in respect of a disease; and
• 30 calendar days to decide a request by a claimant to reconsider a determination.

The periods prescribed above in relation to initial claims do not include certain periods in which a determining authority is seeking further information or material in relation to a claim. These periods are specified in the Regulations.

SRC Regulations Amendments from 2010

Safety, Rehabilitation and Compensation Amendment Regulations 2010 (No.1)

Statutory rule: SR2010, No. 193
Made: 16 June 2010
Commenced (Gazette or Federal Register of Legislation): 1 July 2010 F2010L01881

Added the Australian Agency for International Development (AusAID) to the list of entities in schedule 4. Made the Director General of AusAID responsible for the rehabilitation of injured AusAID employees and for the payment of its Comcare premium.

Safety, Rehabilitation and Compensation Amendment Regulations 2011 (No. 1)

Statutory rule: SR 2011, No. 94
Made: 16 June 2011
Commenced (Gazette or Federal Register of Legislation): 22 June 2011 F2011L01094

Added the Australian Civilian Corps to the list of entities in schedule 4. Made the Director General of AusAID responsible for the rehabilitation of injured members of the Australian Civilian Corps.

Fair Work and Other Legislation Amendment (AusAID) Regulation 2013

Statutory rule: SR 2013, No. 242
Made: 21 November 2013
Commenced (Gazette or Federal Register of Legislation): 26 November 2013 F2013L01972

Integrated AusAID into the Department of Foreign Affairs and Trade on 1 November 2013. Made the Department responsible for the rehabilitation of injured employees of the Australia Civilian Corps.

Safety, Rehabilitation and Compensation Amendment (Entities and Other Measures) Regulation 2016

Made: 5 May 2016
Commenced (Gazette or Federal Register of Legislation): 1 July 2016 F2016L00718

Removed ComSuper and the Alligator Rivers Region Research Institute from the list of prescribed entities. Updated references to the Public Governance, Performance and Accountability Act 2013.

Safety, Rehabilitation and Compensation (Renewal date) Regulations 2018

Made: 11 October 2018
Commenced (Gazette or Federal Register of Legislation): 16 October 2018 F2018L01433

Amended paragraph 7(b) of the Safety, Rehabilitation and Compensation Regulations 2002 to extend the current renewal period for the approval of rehabilitation program providers under the Act by one year.

Safety, Rehabilitation and Compensation Regulations 2019

Made: 21 March 2019
Commenced (Gazette or Federal Register of Legislation): 28 March 2019 F2019L00423

Substantially remade the 2002 Regulations. Included some updates as well as minor amendments for clarity and consistency with modern drafting practices.

SRC Regulations Amendments 2000 to 2009

Safety, Rehabilitation and Compensation Act 1988 Amendment Regulations 2001 (No. 1)

Statutory rule: SR2001, No 70
Made: 5 April 2001
Commenced (Gazette or Federal Register of Legislation): 12 April 2001 Series: F2001B00129

Extensively amended the Act to introduce the defined term “Entity”, meaning an Agency, a Parliamentary Department or a prescribed organisation. Substituted the term “Entity” for “Department” throughout the Act.

Safety, Rehabilitation and Compensation Amendment Regulations 2001 (No. 1)

Statutory rule: SR2001, No 91
Made: 16 May 2001
Commenced (Gazette or Federal Register of Legislation): 17 May 2001 Gazette S 174

Inserted new regulation 2A and a schedule prescribing 11 organisations for the purpose of paragraph (c) of the definition of “Entity” in s4(1) of the Act.

Safety, Rehabilitation and Compensation Amendment Regulations 2002

Statutory rule: SR2002, No 56
Made: 27 March 2002
Commenced (Gazette or Federal Register of Legislation): 1 April 2002 Series: F2002B00055

Repealed and substituted the previous regulations. Included new regulations dealing with the index for increases in normal weekly earnings, the approval of rehabilitation program providers, licence arrangements and forms of medical treatment.

Safety, Rehabilitation and Compensation Amendment Regulations 2005 (No. 1)

Statutory rule: SR2005, No 233
Made: 20 October 2005
Commenced (Gazette or Federal Register of Legislation): 25 October 2005 F2005L03091

Amended regulation 18 to change the fee for a copy of the Approved Guide from $10 to $30.

Safety, Rehabilitation and Compensation Amendment Regulations 2006 (No. 1)

Statutory rule: SR2006, No 297
Made: 16 November 2006
Commenced (Gazette or Federal Register of Legislation): 1 December 2006 F2006L03691

Amended regulations 8 and 9 to change the application processing fees for the initial approval and renewal of approval as a rehabilitation program provider. The new fee levels are $480 and $360 respectively.

Safety, Rehabilitation and Compensation Amendment Regulations 2008 (No. 1)

Statutory rule: SR2008, No 87
Made: 30 May 2008
Commenced (Gazette or Federal Register of Legislation): 4 June 2008 F2008L01678

Extensively amended part 5 of the Regulations to provide for the consequences of suspending or revoking a licence under part VIII of the Act.

Safety, Rehabilitation and Compensation Amendment Regulations 2008 (No 2)

Statutory rule: SR 2008, No 126
Made: 24 June 2008
Commenced (Gazette or Federal Register of Legislation): 27 June 2008 F2008L02212

Amended the indexation of normal weekly earnings after the cessation of employment and certain other circumstances (section section 8(9F) and (9G) of the Act).

Safety, Rehabilitation and Compensation Amendment Regulations 2009 (No 1)

Statutory rule: SR 2009, No 336
Made: 25 November 2009
Commenced (Gazette or Federal Register of Legislation): 26 November 2009 F2009L04329

Amended regulations 8 and 9 by providing for a processing fee of $2000 for processing an application for initial approval of a person as a rehabilitation program provider and renewal fees of $1000 (1 state or territory), $3000 (2 or 3 states or territories) and $5000 (4 or more states or territories).

SRC Regulations Amendments 1988 to 1999

Commonwealth Employees’ Rehabilitation and Compensation Regulations

Statutory rule: SR1990, No 209
Made: 26 June 1990
Commenced (Gazette or Federal Register of Legislation): 4 July 1990

Repealed 1 April 2002. Regulation 3 prescribed a fee of $10 as the cost of the Permanent Impairment Guide made under section 28(8) of the Act.

Commonwealth Employees’ Rehabilitation and Compensation Regulations (Amendment)

Statutory rule: SR 1994, No 258
Made: 21 July 1994
Commenced (Gazette or Federal Register of Legislation): 28 July 1994

Changed the name of the regulations and added new regulation 4 that prescribed the Chief of the Defence Force and the Commissioner of the Australian Federal Police as appropriate officers for the purposes of section 114A(2)(b).