Options for regulation of unregistered health practitioners Decision Regulation Impact Statement

Appendix 7

State and Territory workers compensation schemes – arrangements for provider recognition

Jurisdiction	Authority	Legislation	Rehabilitation providers
C’wealth	Heads of Workers’ Compensation Authorities (HWCA) www.hwca.org.au www.worksafe.com.au	National Harmonisation of OHS Laws, to be called Work Health and Safety (WHS) Act, due to come into effect on 1 January 2012	In June 2008, the HWCA endorsed the introduction of a Nationally Consistent Approval Framework for Workplace Rehabilitation Providers. The new Framework took effect in all Australian jurisdictions (except Queensland) from 1 July 2010. Organisations seeking to be an approved workplace rehabilitation provider must submit an application to the jurisdiction in which approval is sought demonstrating how they will meet the Conditions of Approval. Applicants also need to refer to the relevant Work Health and Safety authority in their jurisdiction for information about specific jurisdictional application requirements.
ACT	WorkSafe ACT www.worksafety.act.gov.au	Work Safety Act 2008	ACT has adopted the Nationally Consistent Approval Framework for Workplace Rehabilitation Providers. It will recognise, by mutual recognition, rehabilitation providers recognised in other jurisdictions (subject to an application by the provider). An approved workplace rehabilitation provider is an independent party who is authorized to liaise and negotiate with everyone involved in the worker’s rehabilitation. The primary focus of the injury management process is the involvement of all 3 key parties (the employer, injured worker and nominated treating doctor). It is unclear which health professionals, other than medical practitioners, are covered by insurance to provide treatment to injured workers in the ACT.
NT	NT WorkSafe www.worksafe.nt.gov.au	Workplace Health and Safety Act Workplace Health and Safety Regulations	NT has adopted the Nationally Consistent Approval Framework for Workplace Rehabilitation Providers. The Work Health Authority, via its administration arm NT WorkSafe, administers and enforces the Workers Rehabilitation and Compensation Act which establishes the Northern Territory compensation scheme. Under section 50 of the Workers Rehabilitation and Compensation Act, the power to approve a person or persons as an accredited vocational rehabilitation provider rests with the Work Health Authority. The Work Health Authority may revoke such an approval. Only vocational providers require accreditation with NT WorkSafe. Treatment providers that are medical practitioners or allied health professionals who are covered by the Medical Act, Dental Act, Health and Allied Pensions Registration Act, who consult or provide treatment covered under that Act, do not require approval under the Workers Rehabilitation and Compensation Act.
Queensland	Q-Comp www.qcomp.com.au	Workers’ Compensation and Rehabilitation Act 2003	All health professions which are registered in Queensland (including speech pathologists and occupational therapists) are qualified to deliver return-to-work and vocational rehabilitation services. Other ‘non-registered’ professional groups are also able to provide specific rehabilitation services. These ‘non-registered approved providers’ require insurer approval and are outlined below: Exercise Physiologists All exercise physiology services performed must be provided by a person with at least a tertiary degree in Human Movement studies, Exercise Science or equivalent. An accredited exercise physiologist (AEP) with Exercise & Sports Science Australia (ESSA) is the preferred provider. If the practitioner is not an AEP, they must be eligible for accreditation as an AEP by ESSA. For services provided to workers outside Queensland, the treating exercise physiologist must be eligible for accreditation as an AEP by ESSA. Rehabilitation counsellor A person with a tertiary qualification in an accredited rehabilitation counselling course or other recognised counselling course and preferably a member of the Australian Society of Rehabilitation Counsellors – ASORC. Due to the diversity of backgrounds of rehabilitation counsellors, the qualifications and experience must be acceptable to the insurer for type of service being offered. Social worker A person with a tertiary degree in social work. Diversional therapist A person with a minimum of an Associate Diploma in Diversional Therapy. Dietician A person with a tertiary degree in dietetics.
Victoria	Worksafe Victoria www.worksafe.vic.gov.au	Accident Compensation (Occupational Health and Safety) Act 1996 Accident Compensation (WorkCover Insurance) Act 1993 Accident Compensation Regulations 2001	A provider of reasonable medical to a WorkSafe claimants must satisfy the relevant qualification requirements in the appropriate discipline as follows: BOARD REGISTERED PROVIDERS Medical, Physiotherapy, Dental, Podiatry, Chiropractic, Osteopathy, Nursing, Optometry and Psychology: Current copy of board registration Acupuncture Current copy of board registration AND Current copy of Professional Indemnity Insurance NON BOARD REGISTERED PROVIDERS Dietary Analysis Accredited Practising Dietician AND Current copy of Professional Indemnity Insurance Remedial Massage Current registration as well as written confirmation from one of the associations listed below that qualifications entitle practitioner to full membership of either: Australian Assn. of Massage Therapists Ltd. (AAMT) Association of Massage Therapists (NSW) Ltd. Confederation of Massage & Myotherapists Australia (CMMA) Australian Natural Therapists Association Ltd. (ANTA) Australian Traditional Medicine Society Ltd. Institute of Registered Myotherapists (IRMA) AND Current copy of Professional Indemnity Insurance Naturopathy Written confirmation from one of the associations listed below that qualifications entitle practitioner to full membership of either: Australian Natural Therapists Association (Naturopath) Australian Natural Practitioners Association Inc or Complementary Medicine Association AND Current copy of Professional Indemnity Insurance Loss and Grief Counselling Written confirmation of eligibility to be an accredited counsellor with: National Association of Loss and Grief (Victoria) AND Current copy of Professional Indemnity Insurance Occupational Therapy Copy of proof of eligibility for full membership of: OT Australia (Victoria) or Copy of Tertiary qualifications AND Current copy of Professional Indemnity Insurance Social Worker Copy of proof of eligibility for full membership of: Australian Association of Social Workers or Copy of Tertiary qualifications AND Current copy of Professional Indemnity Insurance Speech Pathology Copy of proof of eligibility for full membership of: Australian Association of Speech and Hearing or Copy of Tertiary qualifications AND Current copy of Professional Indemnity Insurance Exercise Physiology Written confirmation from one of the associations listed below that qualifications entitle practitioner to full membership with: Exercise and Sports Science Australia AND Current copy of Professional Indemnity Insurance
South Australia	WorkCover Corporation of SA www.workcover.com	Workers Rehabilitation and Compensation Act 1986 Workers Rehabilitation and Compensation Regulations 2010	A medical expert is defined under the Workers Rehabilitation and Compensation Act 1986 as a provider who is registered with the relevant registration board in South Australia or in any other relevant jurisdiction if the services are delivered outside of SA, in one of the following disciplines: medical practice (including general practice, specialist, physician and psychiatry) dentistry psychology optical osteopathy physiotherapy chiropractic podiatry occupational therapy Speech pathology. Acupuncture treatment can only be provided by a legally qualified medical practitioner or other medical experts such as physiotherapists, chiropractors and occupational therapists. WorkCover recognises the following services delivered by non-medical expert providers: physical rehabilitation (gymnasium) services remedial massage services. To provide these services, physical rehabilitation providers and remedial massage providers must be registered with WorkCover. To become a registered physical rehabilitation (gymnasium) provider or registered remedial massage provider, a minimum set of qualification standards must be met.
NSW	WorkCover NSW www.workcover.nsw.gov.au	Work Health and Safety Act 2011 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998	All allied health providers must follow administrative procedures developed by WorkCover in conjunction with the relevant professional association. Osteopaths Registered osteopaths can be approved by WorkCover, by completing an application form and the required WorkCover Training Program. Chiropractors Registered chiropractors can be approved by WorkCover after completing an application form and the required WorkCover Training Program. Exercise physiologists Exercise physiologists must be approved by WorkCover to deliver treatment services to injured NSW workers. All exercise physiologists providing treatment to injured workers must follow the procedures developed in conjunction with Exercise and Sports Science Australia. Hearing service providers Any contracted hearing service provider with the Office of Hearing Services is eligible to apply for WorkCover approval as a hearing service provider. Physiotherapists Registered physiotherapists can be approved by WorkCover by completing the Physiotherapists application for WorkCover approval and the required WorkCover Training Program. All physiotherapists providing treatment to injured workers must follow administrative procedures developed in conjunction with the Australian Physiotherapy Association. Psychologists and counsellors Psychologists and counsellors must be approved by WorkCover to deliver treatment services to injured NSW workers. To retain their approval number, all WorkCover-approved psychologists and counsellors must attend training prescribed by WorkCover within six months of receiving their provider number. The Australian Psychological Society (APS) provides this training on behalf of WorkCover. Remedial massage therapists WorkCover has suspended processing of all remedial massage therapist applications for WorkCover approval until further notice. Only those remedial massage therapists who currently have WorkCover approval are eligible for payment for remedial massage therapy services provided to injured workers.
Tasmania	WorkCover Tasmania www.workcover.tas.gov.au	Workers Rehabilitation and Compensation Act 1988 Workplace Health and Safety Act 1995 Workplace Health and Safety Regulations	Tasmania has adopted the Nationally Consistent Approval Framework for Workplace Rehabilitation Providers. It will recognise, by mutual recognition, rehabilitation providers recognised in other jurisdictions (subject to an application by the provider). Rehabilitation is manage by: Medical providers Workplace rehabilitation providers Injury management co-ordinators Workplace rehabilitation providers are organisations accredited to deliver workplace rehabilitation services to help injured workers return to work. They have the qualifications, experience and expertise appropriate to provide timely intervention, with services based on the assessed need of the worker and the workplace. Injury management co-ordinators ensure the injury management process runs smoothly. They co-ordinate and oversee the entire process, including medical treatment, return to work, and all aspects of return to work plans and injury management plans. It is unclear which health professionals, other than medical practitioners, are covered by insurance to provide treatment to injured workers in Tasmania.
Western Australia	WorkCover WA www.workcover.wa.gov.au	Workers Compensation and Injury Management Act 1981	Allied health providers include: Chiropractors Clinical Psychologists Counselling Psychologists Exercise Physiologists Occupational Therapists Osteopaths Physiotherapists Speech Pathologists Workplace Rehabilitation Providers These groups are recognised by WorkCover WA and contribute towards the agency’s common goal of ensuring that an injured worker can return to, or remain at, work following an injury. Other professions Other professions not listed above who would to be recognised as an approved treatment provider within the Western Australian workers’ compensation system must submit an application to the WorkCover WA Board with a statement addressing the following criteria: demonstration that a governing body or an association exists with licensing ability regulatory powers and an accepted code of ethics, plus dispute resolution and complaints handling procedures demonstration that as a minimum, the proposed treatment providers professional qualification at degree level of at least three years undergraduate study; and explanation of where the proposed treatment providers would fit within the workers’ compensation system, and importantly, what unique skills and services they add which are not already covered by existing treatments. It is a legislative requirement that applications for approval as a treatment provider be approved by the Hon Minister for Commerce on recommendation of WorkCover WA.