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Dispute resolution process

For: Employers and managers Information seekers

The Safety, Rehabilitation and Compensation Commission (SRCC) has an established process for managing disputes when they arise.


There are two types of disputes which arise:

  1. where a self-insured licensee disagrees with Comcare’s assessment of its compliance or performance
  2. when a self-insured licensee or other person or body, usually an employee or union associated with the licensee, disagrees with a decision of the SRCC.

Licensee disputes Comcare’s assessment of its compliance or performance

This dispute resolution process is available where a self-insured licensee disagrees with Comcare’s assessment of its compliance with a licence condition or their performance, or any aspect of the SRCC’s regulatory model.

1. Raise the issue with Comcare

The first step is to raise the issue with Comcare. See Comcare contact details.

The relevant Comcare General Manager will investigate the facts, consider policies and practices that may apply, and consult with relevant experts if required.

The General Manager will provide a specific response as soon as reasonably possible.

2. Comcare makes recommendations to the SRCC

Should the first step fail to resolve the issue, Comcare will formally raise the issue with the SRCC by presenting a paper with its recommendations and reasons. Comcare will:

  • describe the issue and the discussions or other contact which have taken place
  • reflect the view of the self-insured licensee or other party
  • include any submissions and supporting documents received by the affected self-insured licensee, or other party, for the SRCC to consider.

3. SRCC can make a decision or investigate further

When the matter comes before the SRCC for consideration, the SRCC may elect to:

  • make a decision on the matter, or
  • defer making a decision on the matter until further investigation is carried out.

Some of the options available to the SRCC are to:

  • direct Comcare to conduct further investigations and to provide additional information to assist the SRCC in making a decision. This additional information could be presented out of session or to a scheduled SRCC meeting.
  • delegate to a sub-committee of the SRCC the task of examining the issue and making a recommendation to the SRCC. The sub-committee may obtain independent expert advice if it is required and reasonable.
  • engage directly with everyone affected by the decision.

Disputes about a decision of the SRCC

A self-insured licensee or other person or body, usually an employee or union associated with the licensee, may disagree with a decision of the SRCC.

To dispute a decision of the SRCC, you can seek a review of the decision under the Administrative Decisions (Judicial Review) Act 1977 by applying to the Federal Court or Federal Circuit Court.

Before considering seeking a judicial review, you are encouraged to seek independent legal advice.

Page last reviewed: 08 April 2021
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SRCC
GPO Box 9905, Canberra, ACT 2601
1300 366 979 | www.comcare.gov.au

Date printed 24 Sep 2021

https://www.srcc.gov.au/current-self-insurers/dispute-resolution-process