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Comcare review - terms of reference

The review should provide information and recommendations on the following issues.

Safety and Compensation

  1. Does the scheme provide appropriate OHS and workers’ compensation coverage for workers employed by self-insurers?
  2. Does the scheme regulator now have the enforcement policy and operational capacity to ensure self-insurers provide safe workplaces? What are the likely operational requirements should the scheme’s coverage be expanded?
  3. What arrangements are required to ensure that all workers and contractors working at workplaces controlled by self-insurers have their health and safety protected, regardless of coverage by Commonwealth, or State and Territory OHS legislation?
  4. What effect have the recent changes to the Safety, Rehabilitation and Compensation Act 1988 had on the rehabilitation and return to work of injured workers?
  5. Does the scheme achieve effective return to work outcomes?

Consultation

  1. Does the requirement that employees be consulted about their employer’s intention to apply for a self-insurance licence with Comcare (or vary an existing licence) result in meaningful discussion about occupational health and safety and workers’ compensation coverage?
  2. Does the scheme ensure ongoing consultation with, and the involvement of, employees and their representatives in relation to workplace safety arrangements at workplaces of self insurers?

Finance

  1. Do the financial arrangements for self-insurers present any risk to premium payers in the scheme or to the Commonwealth?
  2. What are the likely impacts on state and territory workers’ compensation schemes of corporations exiting those schemes to join Comcare?

Access

  1. Why do private companies seek self insurance with Comcare? Are there alternatives available to address the costs and red tape for employers with operations across jurisdictions having to deal with multiple occupational health and safety and workers’ compensation systems?
  2. If self insurance under the Comcare scheme remains open to eligible corporations, should there be changes to the eligibility rules for obtaining a licence to self-insure under Comcare?