Providing feedback about a self-insured licensee

For:
Claimants Advocates Information seekers

How to give feedback or raise concerns about a self-insured licensee.


Comcare can help with feedback or complaints 

The SRCC has a pathway for people to raise feedback or complaints about the management of workers’ compensation claims or performance of self-insured licensees. This service is provided by the Self-Insurance Feedback team at Comcare. 

Before you contact Comcare, you should discuss the issue with your employer to give them the opportunity to resolve it. If you are not satisfied with your employer’s response you can then raise it with the Self-Insurance Feedback team.

Comcare can give general information and guidance about the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) to help you resolve a complaint about how a claim is managed. They may also be able to discuss your concerns with your employer to help resolve the matter.

Comcare and the SRCC cannot intervene in the claims management process and do not have the power to direct or make decisions regarding the management of your workers’ compensation claim.

Comcare and the SRCC also cannot help with every type of issue. See below for who to contact about different concerns.

How to contact Comcare 

Comcare acknowledges email and written complaints within 2 calendar days.

See Comcare’s tips for preparing a complaint for information about what to include when you contact Comcare. 

If you use the anonymous feedback form, Comcare won’t be able to tell you what we do about your complaint and we may not be able to resolve it if we need more information.

Communication support

If you need an interpreter, you can contact us using the Translation and Interpreting Service (TIS National) on 131 450.

If you are deaf, hard of hearing or have speech or communication difficulty you can contact us through the National Relay Service (NRS). 

  1. Choose the call channel you need on the NRS call numbers and links page
  2. Give them our phone number: 1300 366 979.

Who can give feedback or make a complaint

Employees of self-insured licensees and other interested people can give feedback or make a complaint regarding the management of a workers’ compensation claim. If you’re not sure if your employer is self-insured, see our list of current and former self-insured licensees.  

You can choose to have someone act as a representative for you. This includes your union, a family member, legal representative or a work colleague. The representative needs your written authority to act on your behalf. You can use Comcare’s Authority to Act on an Employee's Behalf form (PDF, 130.3 KB). 

Types of concerns and who to contact

Questions about your workers’ compensation claim

Examples

  • How do I lodge a claim for workers’ compensation?
  • What medical evidence do I need to provide? 
  • Why have my incapacity payments reduced? 
  • How can I request a review about a decision on my claim? 
  • When will my claim be approved?

Who to contact

Contact your employer about these types of queries.

For general information about claims, rehabilitation and the SRC Act you can also: 

Review of claims determinations

The SRCC and Comcare cannot change a determination about your worker’s compensation claim made by your employer under the SRC Act. Examples of determinations include decisions to accept or deny your claim, decisions to arrange an independent medical examination and decisions to change your compensation payments.

If you don’t agree with a determination, you have the right to seek a reconsideration. A reconsideration is an internal review of a determination, made by someone not involved in making the primary determination. Talk to your employer about how to request a reconsideration. 

If you’re not satisfied with the reconsideration determination, you can seek an external review by the Administrative Review Tribunal (ART). The ART reviews administrative decisions to make sure they are legally correct and fair. 

For workers’ compensation claims, the ART: 

  • looks at the evidence on a claim and decides whether a correct decision has been made
  • can vary, affirm, or set aside a decision made under the SRC Act by your employer.

Complaints about how your employer is managing a claim  

Examples 

  • My employer is not supporting me to return to work.
  • Treatment for my injury is not being provided.
  • I am not being paid correctly. 

Who to contact 

You should first raise the issue with your employer to give them an opportunity to respond to you and resolve the issue. Your employer must tell you how you can make a complaint about the management of your workers’ compensation claim. 

Ways to raise an issue or complaint with your employer include: 

  • the team at your workplace which manages workers’ compensation or injury management
  • your employer’s third-party workers’ compensation claims manager 
  • your supervisor or manager. 

You can contact Comcare to discuss concerns about the management of a workers’ compensation claim or for advice about the legislation. 

Concerns about a potential breach of a self-insurance licence 

Examples 

  • Claims are being deliberately delayed by my employer. 
  • Workers are being discouraged from making a claim. 

Who to contact 

Contact Comcare if you have evidence that an employer has breached its self-insurance licence. Comcare will review concerns and refer to the SRCC where appropriate.

The SRCC considers complaints information and data as part of its ongoing monitoring and review of licensee compliance with licence conditions, including compliance with the SRC Act. While the SRCC will consider themes and trends emerging from complaints, it does not investigate individual complaints.

The SRCC takes allegations of a breach of a self-insurance licence seriously and does consider any evidence of systemic or specific issues that could indicate a breach of a self-insurance licence. Where evidence is provided, the SRCC may consider acting on an allegation, including investigating a self-insured licensee, to determine if a breach of licence has occurred.

Concerns about industrial relations or work health and safety

These types of matters are outside the SRCC’s remit.

Examples

  • Industrial relations matters like including general pay or conditions of work.
  • Work health and safety matters including bullying and harassment, slip hazards and safety policies.

Who to contact 

Refer to your union representative or human resource department for further information. Issues concerning Work, Health and Safety (WHS) should be directed to your employer’s WHS regulator, and employment issues to the Fair Work Ombudsman.

When to contact the SRCC 

You can contact the SRCC to make a submission regarding a self-insured licensee or on matters that fall within the SRCC’s functions

If you’re not satisfied with the outcome of a complaint 

If you make a complaint to Comcare and are not satisfied with the outcome, you can request an internal review of the complaint by responding to the complaint outcome email. 

The complaint is closed once the SRCC is satisfied that the person has been provided with:

  • an answer to their question, or 
  • information about the avenue or tools to resolve the concern. This may include appealing to the ART or contacting the employer. 

Comcare will advise you when your complaint is closed and give you information on any further action you can take if you are still not happy with the outcome.

More information

Page last reviewed: 1 minutes ago