Table 6.2b: Developing return to work/injury management plans

An employer must plan a worker’s return to work from the date on which the employer knows or ought reasonably to have known of worker’s incapacity, whichever is the earlier date. s96 — Defines this start date as the earliest of the following dates:

• the date the employer receives the  worker’s medical certificate (issued in accordance with s25(1), or
• the date the employer receives a claim for compensation from the worker in the form of weekly payments, or
• the date the employer is notified by the Authority that the worker has made a claim for compensation in the form of weekly payments, or
• the date the employer is notified by the Authority that the worker has  provided the Authority with a medical certificate issued in accordance with s25(1).

Once suitable or pre-injury employment has been confirmed, employers must provide the worker with details of the return to work arrangements. The details of the return to work arrangements must be clear, accurate and up to date. Employers should include (but not limit themselves to including) details about:

• the suitable employment being provided including modified or alternative duties that accommodate restrictions identified in medical information available such as Certificates of Capacity
• commencement time and date
• details of any tasks or duties the worker needs to avoid
• the hours of work and the place of work
• work breaks, rotations or exercise breaks
• support, aids or modifications to the workplace to assist the worker’s return to work
• the Return to Work Coordinator contact details
• details of the worker’s supervisor or manager when returning to work, and
• the review date (reviews may occur earlier than this date as appropriate).

An employer must communicate the details of the return to work arrangements to the worker or other relevant parties in a way that is most appropriate for the worker and the other parties. Providing the worker with this information in writing is one way to comply, but it is not mandatory to do so. However, this may not always be adequate and other approaches may be required such as talking through the return to work arrangements with the worker.

s160— As soon as practicable after the earliest of the following

• the worker’s treating medical practitioner issues a certificate of capacity to the effect that the worker is partially incapacitated for work,
• the worker’s treating medical practitioner advises the employer in writing that a return to work program should be established for the worker
• an arbitrator determines, or the parties agree, that the worker has suffered an injury in respect of which compensation is payable and is partially incapacitated for work.

r75 – A return to work program must be in the approved form and includes 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.

Under Regulation 15, the plan must specify:

• worker name
• date of birth
• claim number
• employer name
• nature of injury
• date of injury
• must be appropriate to the circumstances of the worker
• must have specific employment objectives
• must promote communication and cooperation between parties
• must contain recovery/return to work services provided to worker
• commencement and completion period
• review times
• prescribed notices for employers and workers regarding failure to comply.

• Return to work goals setting out milestones for the injured worker to achieve until they reach the goal of returning to pre-injury employment.
• Worker’s diagnosis, capacity and restrictions
• Treatment and/ or rehabilitation arrangements
• Suitable duties, workplace modifications and hours of work
• Supervisory arrangements
• Contact details
• Review date
• Workers Consent
• Supplementary information such as roles and responsibilities of parties involved in the injury management, the process for handling disputes, and the process for disclosing information.

The rehabilitation authority is responsible for return to work programs – s37(1) Safety, Rehabilitation and Compensation Act 1988

The rehabilitation authority is:

• Where the employee is employed by an exempt authority – Comcare; and
• Where the employee is employed by a licensed authority – the principal officer of that authority; and
• If the employee is employed by a licensed corporation – the principal officer of that corporation; and

If the employee is employed by an Entity or a Commonwealth authority, other than an exempt authority - the principal officer of the Entity or the Commonwealth authority in which the employee is employed. - s4 s37(1)

A rehabilitation authority may make a determination that an employee who has suffered an injury resulting in an incapacity for work or an impairment should undertake a rehabilitation program s 37(1).

Section 9 of the Rehabilitation Authorities (2019) (Guidelines) specify:

• If making a determination under subsection s 37(1) of the Act, the rehabilitation authority must have regard to all matters in s 37(3) of the  Act [s 9(1)] and must refer to the relevant matters to which it had regard in the determination [s 9(2)]

The Guidelines specify the rehabilitation authority may consider providing or altering a rehabilitation program if there are changes in:

1. the employee’s work capacity, injury or circumstances; or
2. the availability of suitable employment 

Section 9 of the Rehabilitation Authorities (2019) (Guidelines) [s 9(5)] state the rehabilitation program must include:

1. details of the rehabilitation case manager, and where applicable, the details of the supervisor and the workplace rehabilitation provider;
2. the review dates; and
3. if applicable, the reasonable steps being undertaken by the relevant employer to provide to the employee, or to assist the employee to find, suitable employment under s 40 of s 40 o the Act.

A rehabilitation program is individualised to the employee and it is better practice to include:

• Recovery and return to work goals (SMART goals)
• The employee’s work duties
• Timelines for the delivery of the activities and overall goal
• Roles and responsibilities of all stakeholders
• Employee rights

[see Rehabilitation case manager handbook]

A best practice guide: Seafarers Rehabilitation and Return to Work recommends where practical:

• Identify suitable employment
• an outline of steps by the employer or on the employer’s behalf, and
• specification of a start and review date.

MRCA s39 — The rehabilitation authority for a person at a time is:

1. subject to paragraph (aa), the Chief of the Defence Force for a time when the person:
   1. is a Permanent Forces member, a continuous full-time Reservist or a part-time Reservist; and
   2. has not been identified by or on behalf of the Chief of the Defence Force as being likely to be discharged from the Defence Force for medical reasons; or
2. if the Commission, after considering advice from the Chief of the Defence Force, determines, in writing, that the Commission is to be the rehabilitation authority for a specified person at a specified time — the Commission for that time; or
3. the Commission for any other time.

DRCA s41A — Delegation by a Rehabilitation Authority

A rehabilitation authority who is:

1. the principal officer of an Entity; or
2. the principal officer of a Commonwealth authority in respect of which a licence is not in force under Part VIII of the SRC Act; or the principal officer of a licensee;
3. may in writing, delegate to an officer of, or a person employed by that Entity, authority or licensee all or any of the powers and functions of the rehabilitation authority under this Part.

A rehabilitation authority who is the Chief of the Defence Force may, in writing, delegate to an officer or employee of the Commonwealth all or any of the powers and functions of the rehabilitation authority under this Part.

MRCA s51 — Rehabilitation authority may determine that the person is to undertake a rehabilitation program if an assessment has been made of the person’s capacity for rehabilitation

DRCA s37 — A rehabilitation authority may make a determination that an employee who has suffered an injury resulting in an incapacity for work or an impairment should undertake a rehabilitation program.

MRCA s5 — A program that consists of or includes any one or more of the following:

1. medical, dental, psychiatric and hospital services,
2. physical training and exercise,
3. physiotherapy,
4. occupational therapy,
5. vocational assessment and rehabilitation, counselling, and
6. psycho-social training.

MRCA s5 — Vocational assessment and rehabilitation consists of or includes any one or more of the following:

1. assessment of transferable skills,
2. functional capacity assessment,
3. workplace assessment,
4. vocational counselling and training,
5. review of medical factors,
6. training in resume preparation, job-seeker skills and job placement, and
7. provision of workplace aids and equipment.

DRCA s4 — rehabilitation program includes medical, dental, psychiatric and hospital services (whether on an in-patient or out-patient basis), physical training and exercise, physiotherapy, occupational therapy and vocational training.

The Injured Employee — s70 Accident Compensation Act 2001

Claimant’s and Corporation’s obligations in relation to rehabilitation

A claimant who has suffered personal injury for which they have cover:

1. is entitled to be provided with rehabilitation, to the extent provided by this Act, to assist in restoring health, independence, and participation to the maximum extent practicable, but
2. is responsible for their own rehabilitation to the extent practicable having regard to the consequences of their injury.

Accident Compensation Act 2001 s75 Corporation to determine need for rehabilitation plan. Within 13 weeks after the Corporation accepts the claimant’s claim for cover, the Corporation

1. must—
   1. determine whether the claimant is likely to need social or vocational rehabilitation after the 13 weeks have ended; and
   2. if so, prepare an individual rehabilitation plan in consultation with the claimant; and
2. may include the plan provision for treatment.