Document ID: chunk:federal_register_of_legislation:F2019L01031:front:0:p1
Version: federal_register_of_legislation:F2019L01031
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Safety, Rehabilitation and Compensation (Guidelines for Rehabilitation Authorities) Instrument 2019

I, Susan Weston, Chief Executive Officer of Comcare, make the following instrument.

Dated 9 July 2019

Susan Weston
Chief Executive Officer of Comcare

Contents
1 Name
2 Commencement
3 Authority
4 Purpose
5 Definitions
6 Schedules
7 Delegation by rehabilitation authority
8 Rehabilitation assessment
9 Rehabilitation program
10 Use of workplace rehabilitation providers
11 Employee non-compliance
12 Transitional—rehabilitation assessments
13 Transitional – rehabilitation programs
Schedule 1—Repeals
Guidelines for Rehabilitation Authorities 2012

  1        Name
  This Instrument may be cited as the Guidelines for Rehabilitation Authorities 2019.

  2        Commencement
  This instrument commences on 15 August 2019.

  3        Authority
  This instrument is made under section 41 of the Act.

  4        Purpose
  These guidelines have been prepared and issued by Comcare in relation to the performance or exercise by rehabilitation authorities of their functions or powers under Part III of the Act. A rehabilitation authority must comply with the guidelines.

  5        Definitions
Note: Some expressions used in this instrument are defined in the Act, including the following:
               (a)     approved program provider;
               (b)     rehabilitation authority;
               (c)     rehabilitation program;
               (d)     relevant authority;
               (e)     relevant employer; and
               (f)      suitable employment.
  In this instrument:
Act means the Safety, Rehabilitation and Compensation Act 1988.
consultation is the process of sharing relevant information with a person in a timely manner, providing that person with an opportunity to express their views and considering those views when making decisions.
medical practitioner is a person registered with the Australian Health Practitioner Regulation Agency (AHPRA) and is to be interpreted consistently with the term 'legally qualified medical practitioner' in the Act.
other health professional is a person, other than a medical practitioner, who is qualified by their training or registration under the law of a State or Territory providing for the registration for a specific profession, and is registered with the Australian Health Practitioner Regulation Agency (AHPRA) or a member of the relevant professional association.
       rehabilitation assessment is an assessment of the employee's capability of undertaking a rehabilitation program.
workplace rehabilitation provider has the same meaning as 'approved program provider' in the Act.

  6        Schedules
  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned.

  7        Delegation by rehabilitation authority
       (1) If the rehabilitation authority delegates all or any of its powers and functions under Part III of the Act to an officer or a person, it must ensure that officer or person:
         (a)    has the appropriate skills and capabilities to exercise those powers or perform those functions; and
         (b)    is supported with appropriate resources and training for the exercise or performance of those powers and functions.
       (2)