Table 6.2a: Employer requirement to have a return to work/workplace rehabilitation program or policy | Safe Work Australia

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	Are employers required to have a return to work program or policies?	Do requirements differ for different categories of employers?	Are there exemptions from return to work programs or policies?	Requirements for development of programs/policies	Requirements for display and availability to workers	Return to work program should include	Further information
NSW	Yes An employer must establish a return-to-work program with respect to policies and procedures for the rehabilitation of any injured workers of the employer. An employer's return-to-work program must align with the injury management program of the employer's insurer. s52(1), Workplace Injury Management and Workers Compensation Act 1998 All employers in NSW must have a return-to-work program in place within 12 months of starting a business, Clause 11 of the Workers Compensation Regulation 2016	Yes SIRA’s Guidelines for workplace return to work programs outlines the different requirements for Category 1 and Category 2 Category 1 employer must appoint a return-to-work coordinator, develop and implement a tailored return-to-work program and consult with workers and unions. A Category 2 employer is required to nominate a person responsible for recovery at work, develop and implement a return-to-work program. A category 2 employer may adopt or customise the standard RTW program.	Yes The following exceptions apply to employers who employ domestic or similar workers otherwise than for the purposes of the employer's trade or business, hold owner-builder permits under the Home Building Act 1989, are corporations that only employ workers who are directors of the corporation, only employ workers who are members of the employer's family, only employ workers who perform work while outside NSW, have a written exemption from the Authority Clause 21, Workers Compensation Regulation 2016	Yes, the development of the return to work program must be done in consultation with workers and their unions s52(2)(b), Workplace Injury Management and Workers Compensation Act 1998	Yes, an employer who fails to display or notify a return-to-work program in accordance with s 52(2)(c) and (d) of the 1998 Act is guilty of an offence Clause 17 Workers’ Compensation Regulation 2016	Return to Work Programs for a Category 1 employer must cover: workplace leadership and commitment workplace arrangements including details of RTW coordinators, rehabilitation providers. rights and obligations support for the worker recovery at work dispute prevention and resolution administration. Category 2 employers must adopt or customise the standard RTW program template	Guidelines for workplace return to work programs March 2021 SIRA standard return to work program for category 2 employer SIRA Return to Work Coordinator Training eLearning modules RTW program and Tailoring a RTW program
Vic	Yes Under the Victorian Workplace Injury and Rehabilitation Act 2013 (s103 to s107) employers are required to have a return to work program or policies in place. The Act sets out clear obligations for employers to consult with, plan for, and engage injured workers in their return to work, and to provide suitable duties to the extent that is reasonable. A return to Work Coordinator should be appointed for the duration of return to work obligations or at all times if an employer has a total rateable remuneration of $2,518,510 or more and to make return to work information available to all workers regardless of organisation size	No Except in relation to return to work coordinator being required at all times or for duration of individual claim based on remuneration (s106)	No	Yes An employer must consult with workers as to how return to work information is to be made available (s105)	Yes An employer must make the return to work information available to workers but the Act does not specify how, only that the workers must be consulted about how (s107)	The return to work information that employers must make available to their workers should contain the following elements: the employer’s obligations under the return to work part of the Workplace Injury Rehabilitation and Compensation Act 2013 and how the employer is meeting the obligations, and the worker’s rights and obligations under the return to work part of the Workplace Injury Rehabilitation and Compensation Act 2013 and how workers can obtain further information about the rights and obligations, and the name and contact details of the authorised agent selected by the employer, and the name and contact details of the return to work coordinator, if applicable, and the procedure for resolving return to work issues as specified in s118.	Return to Work Compliance Code 3 — Return to Work Information Return to Work Information Template
Qld	Yes An employer must have a workplace rehabilitation policy and procedures if they meet the criteria specified under a regulation. They must also review the policy and procedures every 3 years Workers’ Compensation and Rehabilitation Act 2003, s227	Yes If the employer is in a high risk industry there is a lower wage threshold to meet the criteria for needing policy and procedures and a Rehabilitation and Return to Work Coordinator (s226)	Yes Employers in a high risk industry with declared wages less than 2,600 times QOTE and all other employers with declared wages of less than 5,200 times QOTE do not need a workplace rehabilitation policy and procedure. (The threshold amount varies each year by movements in QOTE: Qld Ordinary Time Earnings)	No	No	Workplace rehabilitation policies and procedures which outline the employer’s commitment to assist injured workers to access necessary treatment and rehabilitation and specific steps employer will take to achieve safe, timely and durable return to work.	Template Workplace Rehabilitation Policy and Procedures
WA	Yes The employer of an injured worker must ensure that a return to work program is established for the worker as soon as practicable in accordance with s160(2) Employers must establish and implement an Injury Management System s159.	No s160	Yes, if full capacity and return to work in pre-injury position	No	The employer of an injured worker must ensure that a return to work program is established for the worker as soon as practicable in accordance with s160(2) A return to work program that is required to be established and implemented by an employer must be in the approved form as published on WorkCover WA’s website. An employer must, on the request of a worker, provide the worker with a copy of the document that describes the injury management system. r73	A return to work program must be in the approved form and include details about: participants in the program a description of the return to work program goal and identification of working hours, and any duties and restrictions the actions to be taken to enable the worker to return to work and who is responsible for those actions.	Injury Management: A Guide for Employers Return to Work Employer Obligations Fact Sheet. Return to Work Program Explanatory Notes
SA	An employer is required to appoint a Return to Work Coordinator — s26, Return to Work Act 2014. The duties of the Coordinator includes a requirement to comply with training or operational guidelines published by RTWSA [s26(5)(c)] Under s147, an employer can be the subject of an imposed supplementary payment (in addition to their premium) for failing to provide satisfactory recovery/return to work facilities or services	Employers with less than 30 employees are exempt from a requirement to appoint a Return to Work Co-ordinator (Reg 18)	A recovery/return to work plan is not mandatory where the period of incapacity is less than 4 weeks — s25(1)	s 25(5)	s 25(7)	s 25(6) and regulation 15	Return to Work Coordinator Functions
Tas	Yes Insurers and employers must ensure that there is an approved Injury Management Program in place in respect of each employer and to comply with it — s142(2), Workers Rehabilitation and Compensation Act 1988 The approval process for Injury Management Programs is provided in s143	No	No	The WorkCover Tasmania Board can issue Guidelines setting out the matters to be included in an Injury Management Program — s142(1) The Guidelines state that an Injury Management Program should be developed in consultation with all parties	The Guidelines indicate that an Injury Management Program should be readily available in the employer’s workplace where the workers can readily refer to it	Key elements include: Injury Management Policy Policy for the Management of Employer Injury Management Programs (Licensed Insurers Only) Information Management Communication Management Role of the Injury Management Coordinator Role of Workplace Rehabilitation Provider Role of the Return to Work Coordinator (Self-Insurers Only) Mechanisms to Facilitate Early Reporting and Intervention of Injuries/Claims Medical Management Return to Work Management of Alternative Duties Management of Psychological Claims (primary and secondary) Management of Complex Claims	Injury Management Programs Guideline for preparing return to work plans and injury management plans Preparing return to work plans Preparing injury management plans
ACT	Yes s109, Workers’ Compensation Act 1951	No	No	The return to work program must be developed in consultation with: workers to whom it relates, unions representing the workers and approved rehabilitation providers. — s109, Workers’ Compensation Act 1951	Yes s 109(2)	s 109(3) provides that the return to work program must provide policies and procedures for rehabilitation and be consistent with insurer’s injury management program, be established in accordance with any guidelines issued by the Minister.	Workers’ Compensation Act 1951
NT	No Where worker likely to be incapacitated for more than 28 days, the employer must give the worker a proposal in writing for a return to work plan — s75A(1)(c), Return to Work Act 1986	No	No	No	N/A	N/A	Return to Work Plans
Comcare	The Safety, Rehabilitation and Compensation Act 1988 does not require employers to have a return to work program or policies in place Comcare however recommends that employers have a rehabilitation management system in place.	Yes. Self-insured licensees need to demonstrate that an appropriate rehabilitation management system is in place. This is checked as part of a regular monitoring system.	No	Yes. The Guidelines require consultation with employees regarding individual rehabilitation programs (return to work plans). Consultation throughout the rehabilitation process is also promoted in better practice guidance.	No	Guidance on what a return to work policy should include is provided in Comcare’s guidance and audit tools. This includes commitment by Senior Executive, measurement and monitoring.	Guidelines for Rehabilitation Authorities (2019) Audit tools and templates
Seacare	No	N/A	No	In consultation with the employee, employer, rehabilitation provider and medical practitioner	N/A	N/A	A best practice guide: Seafarers Rehabilitation and Return to Work
DVA	N/A	N/A	N/A	N/A	N/A	N/A	N/A
NZ	N/A	No	No	N/A	No	N/A	N/A