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COMCARE COMPENSATION |
What
does SCOA do: |
| SCOA
helps former Commonwealth employees in receipt of compensation when
they request assistance in dealing with Comcare to ensure that they
are receiving their statutory entitlements under legislation. SCOA
has on-going discussions with Comcare in the interests of achieving
efficient processes and also of resolving individual cases brought
to the attention of SCOA.
Comcare is the statutory body that is responsible for the administration
of the Safety, Rehabilitation And Compensation Act 1988 (the
Comcare Act) which provides the statutory framework for the
safety, rehabilitation and compensation services to Australian Government
employees (and employees of the ACT Government). Among other things
the Comcare Act sets out the entitlements of Commonwealth
employees who are injured, or suffer an accident, injury, illness
or disease, in the course of their employment.
As an Association, we have an interest in ensuring that the overall
policy framework governing workers compensation is right and operating
effectively. SCOA appreciates Comcare’s consistent efforts
to improve compensation administration over a period of years.
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Issues: |
| The issues encountered
by former employees include the following: |
| (a) |
people
who have been overpaid with resulting repayment and tax
issues creating hardship for individuals; |
| (b) |
people who have
been underpaid often because their salary and classification
details were not kept up to date and supplied by agencies
to Comcare; |
| (c) |
people whose payments
have been stopped or reduced by Comcare without appropriate
clarification. |
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| The following are among
the many issues that SCOA has taken up with Comcare and the responsible
Minister in the interest of efficient and fair administration of statutory
entitlements: |
| (a) |
5%
notional superannuation deduction; |
| (b) |
10% deeming earning
rate provision of the Comcare Act; |
| (c) |
administrative
errors either by Comcare or Commonwealth agencies and the tax
issues associated with such errors; |
| (d) |
the need to ensure
that individuals receive their correct level of compensation
before the application of the recently introduced wage cost
indexation arrangements; |
| (e) |
the use of Comcare
appointed medical advisers exclusively – especially in
the context of case reviews; |
| (f) |
the absence of
interest payments on underpaid amounts; |
| (g) |
the desirability
of regular compliance auditing activity by the Australian National
Audit Office regarding compensation administration. |
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Achievements: |
| Due in part to these ongoing
discussions, Comcare has changed the content and layout of its client
advice to ensure greater clarity and to provide information in a more
reader-friendly format. Comcare has also now set up a special dedicated
team to handle the cases of those Comcare clients who were in receipt
of benefits prior to the Comcare Act coming into force. |
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SCOA’s support of individuals has resulted in substantial
back payments for some members and for other individuals, reinstatement
of other entitlements and reversal of Comcare decisions to cease
benefit payments.
Members should contact the National Secretary of SCOA in the first
instance if they have compensation issues. In some cases, a member
has authorised SCOA officers to take up issues with Comcare on their
behalf.
It should be noted that SCOA does not initiate or undertake
any legal action on behalf of its members.
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