FREQUENTLY ASKED QUESTIONS
SEPARATING FROM THE COMMONWEALTH
FOLLOWING A REDUNDANCY
Eligibility for workers’ compensation benefits
INFORMATION FOR EMPLOYEES AND EMPLOYERS
Listed below are the questions we hear most often from injured employees and their employers. The information below is
provided as a guide. For more specific information contact your Claims Services Officer (CSO) at Comcare on
1300 366 979.
GENERAL
Am I eligible to claim workers’ compensation benefits after separation from the Commonwealth?
If you are receiving payments for a work-related injury and you continue to suffer the effects of the compensable condition,
you will still be entitled to claim benefits under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) subject to the
usual tests of eligibility.
What happens if I sign a waiver on separation stating I will not claim workers’ compensation?
Signing a waiver provided by your employer will not prevent you from claiming workers’ compensation benefits.
Is Comcare now considered my employer?
Comcare is not considered your employer. Comcare administers the workers’ compensation scheme for Commonwealth1
employees and is responsible for the administration of your claim and payment of entitlements. Your former employer retains
its SRC Act rehabilitation functions (see below).
REHABILITATION
Who is responsible for helping me back to full time work/duties after I separate from employment?
The employer you have separated from remains the ‘rehabilitation authority’ for the purposes of the SRC Act and accordingly
continues to be responsible for any rehabilitation required by you. The rehabilitation authority also retains a duty to take
reasonable steps to assist you to find suitable employment.
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1 Commonwealth employment includes employment by the Commonwealth, a Commonwealth authority, certain Commonwealth government enterprises
and the ACT Public Sector.
GPO BOX 9905 CANBERRA 2601 | 1300 366 979 | COMCARE.GOV.AU
Do I still have to undergo rehabilitation assessments if my former employer arranges one?
Yes, your former employer may arrange for a rehabilitation assessment—which may involve an examination. Alternatively, if
you write to your former employer requesting that you undertake a rehabilitation program, your former employer must arrange
a rehabilitation assessment.
Your former employer may separately make a decision that you should then undertake a rehabilitation program having regard
to the assessment report.
You should understand that your participation in a rehabilitation assessment examination or in a rehabilitation program
arranged by your former employer is a requirement of the SRC Act. Any unreasonable failure to participate will mean your
rights to compensation, except your right to receive reasonable medical treatment, will be suspended until you participate.
INCAPACITY
Will I be able to claim for time off work if I have separated due to redundancy?
Yes, in determining any entitlement you may have, Comcare must consider the circumstances of your separation, your
medically certified level of incapacity or impairment and your capacity to work in suitable employment.
How does my separation affect this?
Voluntary redundancy or resignation
If your employer could demonstrate that it could employ you in suitable employment and that this could continue, your
voluntary separation from such employment—for example, through resignation or voluntary redundancy—would be seen as
your failure to continue to engage in suitable employment, and Comcare may deem you able to earn the amount per week
that you were earning in that employment. This amount would reduce your entitlement to weekly benefits.
Involuntary redundancy
If your employer was unable to continue to engage you in suitable employment and your redundancy was involuntary,
Comcare may determine that you are entitled to weekly benefits if you provided medical evidence that you are incapacitated
for suitable employment.
Am I expected to look for suitable employment following redundancy?
Yes. If you wish to claim incapacity benefits and you are not totally incapacitated for employment, you must seek suitable
employment and be able to document your attempts to find suitable employment. Your former employer has a duty to take
reasonable steps to assist you to find suitable employment. This may involve arranging a rehabilitation program with suitable
employment, including self-employment, as a goal.
What is suitable employment?
After you have separated from employment, ‘suitable employment’ is any employment having regard to your age, experience,
training, language and other skills as well as your suitability for rehabilitation and vocational retraining.
Would I be required to change my location to find suitable employment?
If suitable employment is available in a place that would require you to change your place of residence, Comcare would
consider whether it is reasonable to expect you to do this. If following redundancy you moved from an area where suitable
employment was generally available—for example, a capital city—to an area where such employment was not available —
for example, a regional area — it would be reasonable that you move to an area where suitable employment was available.
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How do I claim time off work?
You will need to provide a medical certificate to Comcare from a legally qualified medical practitioner (LQMP) on an ongoing
basis certifying that you are totally incapacitated for employment, or if you are not totally incapacitated, the activities you
have undertaken to seek suitable employment. The medical certificate must clearly state the condition you are claiming for
and the period of time off work required.
If Comcare accepts that I am incapacitated, how will I get paid?
Once Comcare has accepted that you have an ongoing entitlement to weekly incapacity benefits and you have separated
from Commonwealth employment, Comcare will send you forms for completion to allow us to pay your ongoing incapacity
benefits directly to your bank account.
When will I get paid?
Comcare will pay you each fortnight into your nominated bank account. This will continue as long as medical evidence
supports that your incapacity is due to your compensable condition.
There has been a change in my income—do I need to advise Comcare?
Yes, you will need to advise Comcare in writing of all changes to your income, particularly if you are commencing
employment, including self-employment or volunteer work. You will need to provide Comcare with information regarding your
employment/volunteer work—such as the name of the organisation, number of hours worked/volunteered, payslips and other
such details.
What is considered income for compensation purposes?
Income from any employment including self-employment is considered as earnings for compensation purposes. You must
advise Comcare if you start your own business. It is not only the actual earnings that are taken into consideration, but also
your ability to earn in any suitable employment.
Comcare does not take any non-employment related income, such as investments, rent from properties or the value of your
assets into account.
What payments will be taken into account when calculating my entitlements?
Payments in lieu of recreation leave, long service leave and severance pay will not be taken into account in calculating any
ongoing compensation leave payments.
In calculating your incapacity benefits, any income you earn and any employer financed component of superannuation you
receive will be taken into account. It will be considered that you have received your superannuation if you have accessed it or
you have reached the minimum preservation age and rolled over your superannuation benefit to another fund (whether or not
by election). Your ability to earn in suitable employment will also be assessed and any ‘deemed’ ability to earn may have the
effect of reducing any weekly entitlement to ongoing incapacity benefits you may have.
What is ‘ability to earn’?
An employee’s ‘ability to earn’ is expressed as a weekly dollar amount, based on medical and other evidence about the
employee’s capacity for work, and any suitable employment identified as reasonably available. Previously demonstrated
ability to earn in suitable (Commonwealth) employment, prior to the redundancy, would be a relevant consideration in
determining entitlements.
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Are incapacity payments a permanent, ongoing payment following redundancy?
Compensation incapacity payments are not necessarily a permanent, ongoing payment and will continue to be monitored
and reviewed by Comcare following any redundancy. Compensation incapacity payments should not be relied upon in
determining any long term financial plans. In some cases, where the medical evidence supports that a return to employment
is not possible, incapacity payments can potentially be payable to age 65, subject to the usual tests of eligibility.
You should speak to the CSO responsible for your claim. They will be most familiar with the circumstances and should be
able to answer any further questions in greater detail.
SUPERANNUATION
Are the contributions I have made to superannuation taken into account when calculating my entitlement?
No. Amounts you finance from your own contributions are not taken into account. However, any employer financed
components of superannuation benefits may be taken into account in calculating any ongoing incapacity payments. This
includes employer-financed benefits paid out as a lump sum, pensions (or both), as well as employer-financed benefits
rolled over to another fund.
To ensure accuracy of incapacity payments it is important that you notify Comcare if you have, or are planning to, access
your superannuation benefits.
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