Regulatory Contributions Determination Guidelines 2012

Link to law: https://www.comlaw.gov.au/Details/F2012L01342

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Safety, Rehabilitation and Compensation Act 1988
Section 97E
 
 
 
REGULATORY CONTRIBUTIONS DETERMINATION GUIDELINES 2012
 
 
 
The Safety, Rehabilitation and Compensation Commission (‘Commission’) has prepared and issues the following guidelines to the Chief Executive Officer of Comcare under subsection 97E(2) of the Safety, Rehabilitation and Compensation Act 1988 (‘SRC Act’) with effect from 1 April 2012.  These Guidelines replace all previous guidelines for the determination of regulatory contributions under the SRC Act prepared and issued by the Commission.
 
 
Endorsed on 15th March 2012.
 
 
 
 
 
Peter Henneken AM
Chairperson
16 June 2012
 
 
 
 
 
 
 
 
 
1.       In determining the workers compensation and work health and safety regulatory contributions payable by Entities and Commonwealth authorities (‘Agencies’) under the SRC Act in respect of a financial year, Comcare shall:
 
(a)     comply with section 97D of the SRC Act and any relevant directions by the Minister under section 73 of the SRC Act; and
 
(b)     save for any inconsistency with the matters referred to in paragraph (a), comply with the following guidelines –
 
 
 
 
 
i)       The total of the regulatory contributions in respect of a financial year should fund the total estimated costs in that financial year of the regulatory costs referred to in subsection 97D(2) of the SRC Act.
 
ii)       Comcare shall report to each Agency on the methodology and Agency data used to calculate the Agency’s regulatory contribution.
 
iii)      Comcare should consider agencies’ budget timing when advising regulatory contributions.
 
iv)      Adjustments due to correction of data should only be made if
A.       Comcare considers the correction will result in a significant increase in the regulatory contribution in respect of the Agency, or
B.       the correction is notified to Comcare by the Agency not later than 30 April in the financial year immediately following the financial year the regulatory contribution relates to.
.
 
NOTES:
1.             ‘Entity’ and ‘Commonwealth authority’ are defined by section 4 of the SRC Act and, by reason of a declaration made under section 4A of the SRC Act the Australian Capital Territory is a Commonwealth authority for the purposes of the SRC Act.
2.             Regulatory contributions fund:
(a)           the regulation by the Commission of claims management under the SRC Act by relevant authorities;
(b)           the regulation by Comcare of –
(i)            rehabilitation under the SRC Act, and
(ii)           work health and safety under the Work Health and Safety Act 2011; and
(c)            oversight by the Commission of the regulation by Comcare of work health and safety under the Work Health and Safety Act 2011.
3.             Section:
(a)           97J of the SRC Act provides for the review by Comcare, at the request of an Agency, of a regulatory contribution determination under section 97D of the SRC Act;
(b)           97K of the SRC Act provides for the further review by the Commission, at the request of an Agency, of a regulatory contribution determination under section 97D of the SRC Act that has been reviewed by Comcare under section 97J of the SRC Act; and
(c)            97M of the SRC Act provides for the variation by Comcare, in certain specified circumstances, of a regulatory contribution determination.
4.             When:
(a)           reviewing a regulatory contribution determination under section 97J of the SRC Act or varying a premium determination under section 97M of the SRC Act, Comcare will need to consider whether the premium determination being reviewed or as varied complies with section 97D of the SRC Act and these guidelines; and
(b)           reviewing a regulatory contribution determination under section 97K of the SRC Act, the Commission will need to consider whether the premium determination being reviewed complies with section 97D of the SRC Act and these guidelines.
 
 
 
 
 
 
2.       Comcare shall:
 
(a)     report to the Commission each year on the performance of the system for determining and collecting regulatory contributions; and
 
(b)     consult the Commission and agencies about significant changes to the regulatory contributions methodology before implementing those changes.
 
NOTE:  Consultation involves providing an explanation of the proposed change and seeking comment, considering any comments received and advising the conclusion made.