Workplace Relations Minister Amanda Rishworth says the government will closely consider the study’s findings. Photo: ALP.
An independent review into how injured public servants are treated has called for a major overhaul of the system that is meant to protect them but which far too often only serves to exacerbate and extend their troubles.
The Federal Government has released the independent review of the Safety, Rehabilitation and Compensation Act 1988, the legislation underpinning the Comcare workers’ compensation scheme.
The Comcare scheme covers workers in the Australian Public Service, the Australian Defence Force, Australian Federal Police, ACT Government employees and employees from major national private corporations.
The review examined how Comcare’s processes could be reformed to improve outcomes for injured workers and to help it adapt to new and emerging workplace challenges.
Its 124 recommendations highlight how those processes, guided by current laws, are outdated, too complex and adversarial and are leaving injured workers without the support they need to recover and return to work.
The independent panel was chaired by Justine Ross with Professor Robin Creyke and Greg Isolani.
“The current Commonwealth scheme (the Comcare scheme) – governed by the SRC Act – was designed to provide support and protection for injured and ill workers,” they wrote in their final report, which was delivered to the Federal Government in September and released publicly on Friday (11 December).
“However, despite its importance, the Act has not undergone holistic reform since it was passed nearly 40 years ago.
“Prior attempts to comprehensively modernise the Act did not succeed, leaving the Comcare scheme increasingly out of step with the realities of contemporary work.
“Much has changed since the SRC Act was introduced.”
A key recommendation of the review is to remove the so-called “step-down provisions” that allow Comcare to reduce a person’s weekly payments after a certain period of time off work.
The panel found those provisions to be a disincentive for people to return to work and penalise those who often can’t return to work for reasons beyond their control.
Another key recommendation is changing the law that currently allows Comcare to interfere in a person’s right to choose their treatment team and decide who is present during medical treatment of an injury.
Others include legally requiring employers to intervene as soon as possible after an injury or incident; preventing employers from making an offer of early support conditional on not making a claim for workers’ compensation; and requiring crisis payments and support to family members when a worker dies to be made within seven days.
Workplace Relations Minister Amanda Rishworth acknowledged that the review found there was a need to modernise the scheme and said the government would “closely consider” its findings.
“Our government is committed to the effective operation and sustainability of the Comcare scheme, so it can continue to fulfil its critical function as the world of work undergoes significant shifts,” she said.
ACT independent Senator David Pocock, who along with Tasmanian independent Senator Jacqui Lambie negotiated with the government in 2023 to get the review under way, said Labor now needed to engage with the review “in good faith” and look to urgently progress implementation of its key recommendations.
“Comcare is failing people, many of them Canberrans, and they can’t afford to wait forever for the government to fix what this independent review clearly highlights is a broken system that in many cases causes more harm than good,” Senator Pocock said.
“With 124 recommendations, it’s going to take some time to get across all the details, but from a preliminary reading, this will be really vindicating for the workers who have been raising concerns about Comcare for years.
“This is particularly important for the ACT, as these laws cover both Federal and ACT public servants.
“I have spoken to dozens and dozens of Canberrans who have truly been let down by the current system and who I would argue have actually been left more injured as a result of dealing with Comcare.
“This review is the first step forward into not just modernising the laws but fixing this broken system for workers and their loved ones and I look forward to speaking with the Government about the next steps.”
Senator Lambie described the review’s recommendations as important and aimed at “vastly improving” the Comcare system.
“I hope this report is another step towards getting our Commonwealth employees, like our Australian Federal Police officers, a Blue Card so they can get the protections and support that Veterans have with a White Card,” she said.
“I have been pushing for this for years now, this situation is urgent and I don’t think we should waste any time getting it done.
“Like Senator Pocock, I look forward to working with the government on the next steps.”
