Comcare draft guide for arranging rehabilitation assessments and medical examinations not yet fit-for-purpose, says AMA
The AMA’s submission argues some sections of the guide require modification or the inclusion of additional provisions.
The AMA’s submission to Comcare on its draft guide for arranging rehabilitation assessments and medical examinations argues the guide needs significant modifications and additions before it is approved by the minister.
The draft guide was developed following public allegations that Comcare indulges in ‘doctor shopping,’ or the selection of certain doctors who are not the compensation claimant’s treating practitioner(s) and who are likely to provide reports that can be used to deny, reduce or cease compensation payments.
The objective of the guide is to ‘support ethical, transparent and accountable decision making’ under subsections 36(1), 36(3) and 57(1) of the Safety, Rehabilitation and Compensation Act 1988, ‘including appropriate consideration of the employee’s personal circumstances.’
Once approved by the Australian Government Minister for Employment and Workplace Relations, the guide will be a legislative instrument made under that Act, and all rehabilitation organisations governed by the Act will be required to comply with it.
Amongst the many recommendations made in the AMA’s submission, key changes requested include:
• Providing the employee (claimant) with more time to put forward their views on appropriate rehabilitation assessors or medical examiners before the rehabilitation authority decides who is to conduct relevant assessments or examinations
• Providing the employee’s treating medical practitioner more time to provide a written opinion on the employee’s capacity to undergo a rehabilitation program, or a report on the employee’s medical condition and personal circumstances, before the rehabilitation authority decides whether to appoint its own rehabilitation assessors or medical examiners.