Oa No. 21 - Provision Of Medical Certificates By Chiropractors For The Purposes Of Sub-Section 54(2) Of The Act

COMCARE OPERATIONAL ADVICE NO 21

PROVISION OF MEDICAL CERTIFICATES BY CHIROPRACTORS FOR THE PURPOSES OF SUB‑SECTION 54(2) OF THE ACT

Branch Heads

State Commissioners

Majors

State Executive Officers

To facilitate case management Comcare will in future accept, in straightforward cases, that medical certificates provided by chiropractors constitute substantial compliance with sub‑section 54(2) ‑ as required by sub‑section 54(5) ‑ and therefore those certificates meet the requirements of paragraph 54(2)(b) of the Act.

Should a case extend beyond 28 days of incapacity it is important to ensure that the treating health care provider (whether that person is a chiropractor, doctor etc) is consulted in relation to the plan to ensure its effective implementation. Rehabilitation Case Managers in employing agencies have already been advised of this requirement.

A copy of our letter to the Australian Chiropractors' Association is attached.

SUE HAMILTON

First Assistant Commissioner

16 March 1989

Mr John Sweaney

Executive Director

Australian Chiropractors' Association

259 Great Western Highway

FAULCONBRIDGE  NSW  2776

Dear Mr Sweaney

Commonwealth Employees Rehabilitation and Compensation Act 1988 Medical Certificates provided by Chiropractors

I refer to your recent telephone enquiries concerning section 54 of the Commonwealth Employees Rehabilitation and Compensation Act 1988.

I understand that you are concerned that members of your Association are not in the position to provide treatment to compensation claimants as providers of first contact because to have a compensation claim accepted it is necessary for a claimant to first provide a certificate from a legally qualified medical practitioner.

Comcare has considered this matter and has agreed that certificates supplied by registered chiropractors will be accepted for the purposes of paragraph 54(2)(b) of the Act.

In cases where the incapacity for work extends beyond 28 days a rehabilitation plan will be developed for the individual patient by the Rehabilitation Case Manager in the employing agency. That plan will be developed in consultation with an approved rehabilitation service provider and the treating health care provider whether that person be a chiropractor, doctor or other health care provider.

The above decision should resolve your concerns and you may wish to advise your members of our decision. I will be contacting all Comcare State Offices and informing them of the above.

Yours sincerely

P A SKEEN

Assistant Commissioner

Program Delivery Branch