Attachment B

Operational Advice 96/015

SUGGESTED ADVICE TO EMPLOYERS

IN SELECTED CASES

Note:  These suggested forms of reply are indicative only and will not necessarily fit all situations.

They are drafted as standard text and should be used wherever possible.

Each case must be carefully considered before deciding which reply to use and all blank spaces should be filled in before forwarding it to the employer concerned.

Example 1:Incapacity likely to continue

Example 2: intermittent or short term incapacity

EXAMPLE 3: claim in early stages

EXAMPLE 4:WHERE REDUNDANCY IS AS A RESULT OF ACTION TAKEN BY THE EMPLOYEE

EXAMPLE 5:WHERE REDUNDANCY IS INVOLUNTARY

Example 1:Incapacity likely to continue

EMPLOYER:

EMPLOYEE NAME:

CURRENT EMPLOYEE:YES/NO

ACCEPTED CONDITION/S:

DATE OF REQUEST FOR ADVICE:

I refer to your request for advice from Comcare Australia concerning the possible effect of an offer of a voluntary redundancy to the above employee.

It appears that the employee's condition is such that the prospects of a return to work in the foreseeable future are limited regardless of whether or not the employment connection with the Commonwealth is maintained.

Acceptance of a voluntary redundancy package is therefore unlikely to have a significant effect on either the extent of the Commonwealth's liability under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) or on the employee's eligibility to receive benefits under that Act.

This claim will of course be kept under review and in the event that the compensable condition improves, Comcare Australia will then examine the possibility of a return to work in suitable employment.

As payment of a voluntary redundancy package may affect the level of compensation benefits payable, it is important that you notify the employee of the fact that redundancy may affect compensation entitlements and that you notify Comcare Australia immediately of any decision to offer a package to ensure that all entitlements can be calculated in both a timely and accurate manner.

It is also to important to note that case management and rehabilitation of this employee remain the responsibility of the employing agency, even following separation.

If you have any further questions or require clarification of anything in this advice, please call XXXXXXXXX on XXXXXXXX

Example 2: intermittent or short term incapacity

EMPLOYER:

EMPLOYEE NAME:

CURRENT EMPLOYEE:YES/NO

ACCEPTED CONDITION/S:

DATE OF REQUEST FOR ADVICE:

I refer to your request for advice from Comcare Australia concerning the possible effect of an offer of a voluntary redundancy to the above employee.

It is noted that the employee has had intermittent periods of incapacity and that liability continues under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) for an accepted compensable condition.

Should a voluntary redundancy package be offered and accepted, payments for any lost time in new employment will continue to be the responsibility of the Commonwealth.

However, due to the intermittent nature of the incapacity payments, acceptance of a voluntary redundancy package is unlikely to have a significant effect on either the extent of the Commonwealth's liability under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) or on the employee's eligibility to receive benefits under that Act.

This claim will, of course, be kept under review and in the event that the compensable condition improves, Comcare will then examine the issue of continued liability.

As payment of a voluntary redundancy package may affect the level of compensation benefits payable, it is important that you notify the employee of the fact that redundancy may affect compensation entitlements and that you notify Comcare Australia immediately of any decision to offer a package to ensure that all entitlements can be calculated in both a timely and accurate manner.

It is also to important to note that case management and rehabilitation of this employee remain the responsibility of the employing agency, even following separation.

If you have any further questions or require clarification of anything in this advice, please call XXXXXXXXX on XXXXXXXX

EXAMPLE 3 :claim in early stages

EMPLOYER:

EMPLOYEE NAME:

CURRENT EMPLOYEE:YES/NO

ACCEPTED CONDITION/S:

DATE OF REQUEST FOR ADVICE:

I refer to your request for advice from Comcare Australia concerning the possible effect of an offer of a voluntary redundancy to the above employee.

It is noted that this employee's claim is in its early stages and that while the employee is not currently at work and is in receipt of compensation payments, a return to work in the near future seems likely.

In this case, the Commonwealth's liability is likely to be greatly increased by the acceptance of a voluntary redundancy package for this employee.

As such, Comcare's advice is that any redundancy action be suspended until the employee is either back at work or there is clear medical evidence that the condition has ceased.

If however, redundancy action progresses, this case will be shown against your agency's premium for as long as it takes to resolve.  In this instance, it should be noted that the impact of these cases, due to the limited rehabilitation prospects, is likely to be substantial.

As payment of a voluntary redundancy package may affect the level of compensation benefits payable, it is important that you notify the employee of the fact that redundancy may affect compensation entitlements and that you notify Comcare Australia immediately of any decision to offer a package to ensure that all entitlements can be calculated in both a timely and accurate manner.

It is also important to note that case management and rehabilitation of this employee remain the responsibility of the employing agency, even following separation.

If you have any further questions or require clarification of anything in this advice, please call XXXXXXXXX on XXXXXXXX

EXAMPLE 4:                  WHERE REDUNDANCY IS AS A RESULT OF ACTION TAKEN BY THE EMPLOYEE

EMPLOYER:

EMPLOYEE NAME:

CURRENT EMPLOYEE:YES/NO

ACCEPTED CONDITION/S:

DATE OF REQUEST FOR ADVICE:

I refer to your request for advice from Comcare Australia concerning the possible effect of an offer of a voluntary redundancy to the above employee.

As this employee actively sought to be made redundant either through a substitution or a self nomination process, it is likely that any entitlement to incapacity payments under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) will cease, or at least be substantially reduced, upon separation from the Commonwealth.

The full circumstances of the case will, of course, need to be considered before outstanding payment amounts, if any, can be calculated.

Considering the nature of the redundancy, there appear to be few ongoing financial implications for the Commonwealth.  Therefore, at this stage, provided the employee is notified of the possible effect of accepting the voluntary redundancy, Comcare Australia has no position on the offer.

As payment of a voluntary redundancy package may affect the level of compensation benefits payable, it is important that you notify the employee of the fact that redundancy may affect compensation entitlements and that you notify Comcare Australia immediately of any decision to offer a package to ensure that all entitlements can be calculated in both a timely and accurate manner.

It is also important to note that case management and rehabilitation of this employee remain the responsibility of the employing agency, even following separation.

If you have any further questions or require clarification of anything in this advice, please call XXXXXXXXX on XXXXXXXX.

EXAMPLE 5:WHERE REDUNDANCY IS INVOLUNTARY

EMPLOYER:

EMPLOYEE NAME:

CURRENT EMPLOYEE:YES/NO

ACCEPTED CONDITION/S:

DATE OF REQUEST FOR ADVICE:

I refer to your request for advice from Comcare Australia concerning the possible effect of an offer of an involuntary redundancy to the above employee.

Involuntary redundancies usually mean that incapacity entitlements will continue for as long as liability exists, even though the employee has separated from employment.

Acceptance of an involuntary redundancy package is likely to have a significant effect on the Commonwealth's liability under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act).

If however, redundancy action progresses, this case will be shown against your agency's premium for as long as it takes to resolve.  In this instance, it should be noted that the impact of these cases, due to the limited rehabilitation prospects, is likely to be substantial.

This claim will of course be kept under review and in the event that the compensable condition improves, Comcare will then examine the possibility of a return to work in suitable employment.  In this instance, suitable employment can only be with the Commonwealth.

As payment of a redundancy package is likely to affect the level of compensation benefits payable, it is important that you notify the employee of the fact that redundancy may affect compensation entitlements and that you notify Comcare Australia immediately of any decision to offer a package to ensure that all entitlements can be calculated in both a timely and accurate manner.

It is also to important to note that case management and rehabilitation of this employee remain the responsibility of the employing agency, even following separation.

If you have any further questions or require clarification of anything in this advice, please call XXXXXXXXX on XXXXXXXX