The decades-old WHS system for non-Commonwealth licensees could conceivably be eliminated as part of a new review of Commonwealth workers' compensation laws.
Federal Minister Tony Burke has started a major review of the Commonwealth Safety, Rehabilitation, and Compensation Act 1988.
Companies applying to become self-insured under the Comcare scheme have been blocked until the review is complete. The review will look at various issues including best practices, employee experiences, scheme coverage, governance, entitlements, dispute resolution, and administration.
The review will consider if national private sector employers should still have access to the Comcare scheme and if non-Commonwealth licensees should be covered under the Commonwealth WHS Act 2011, given the harmonisation of WHS laws across Australia.
There are 39 self-insured licensees under the Comcare scheme, including major companies like the Australian Postal Corporation and the Commonwealth Bank of Australia.
The system has been controversial, with concerns about Comcare's resources and expertise in regulating private sector employers. A moratorium on new applications was placed in 2007, lifted in 2013 but only for licensing under the SRC Act.
The scheme now covers more private employees than government employees and has seen a rise in psychological injury claims. The review aims to identify reforms to improve outcomes and ensure financial viability.
The review will include consultations and is expected to report in about 12 months.
Source: OHS Alert, 26 June