New South Wales
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Insurer. S45 of the 1998 Act
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If worker sustains significant injury i.e. workplace injury that is likely to result in the worker being incapacitated for work for a continuous period of more than 7 days, whether or not any of those days are work days and whether or not the incapacity is total or partial or a combination of both. Refer s45 1998 Act.
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The injury management plan outlines services required to return the injured worker to the workplace. Includes details about the worker and employer, the injury, the rehabilitation goal, and the actions required by the worker, employer, nominated treating doctor, rehabilitation provider, and insurance company.
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Guidelines for return to work programs
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If injury is a significant injury then insurer must establish an injury management plan.
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Victoria
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Employer - s194 (provide employment) & s195 (plan RTW)
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Employer must plan a worker’s RTW from the date on which the employer knows or ought reasonably to have known of worker’s incapacity, whichever is the earlier date. S194 defines this start date as the earliest of the following dates:
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the date the employer receives the worker’s medical certificate (issued in accordance with s105(1), or
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the date the employer receives a claims for compensation from the worker in the form of weekly payments, or
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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
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the date the employer is notified by the Authority that the worker has provided the Authority with a medical certificate issued in accordance with section 105(1).
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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
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commencement time and date
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details of any tasks or duties the worker needs to avoid
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the hours of work and the place of work
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work breaks, rotations or exercise breaks
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support, aids or modifications to the workplace to assist the worker’s return to work
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the Return to Work Coordinator contact details
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details of the worker’s supervisor or manager when returning to work, and
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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.
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RTW Compliance Code 1: Providing employment, planning and consulting about RTW
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No
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Queensland
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(Act s220) The insurer, in consultation with worker, employer and treating medical professionals.
(Reg s106A) An employer must develop a suitable duties program for a worker undertaking rehabilitation (as an element of the rehabilitation and return to work plan)
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Reg s106 (1).A rehabilitation and RTW plan must be developed for all workers undertaking rehabilitation.
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(Reg s106) The plan must contain clear and appropriate objectives with ways of achieving the objectives; details of rehabilitation needed to meet the objectives; the time frames for rehabilitation;review mechanisms and dates for review and progress to date.
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Workplace Rehabilitation Standards
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No
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Western Australia
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The Employer - Act: s155C; Code: cl7
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s155C - As soon as praticable after
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the treating doctor indicates the need for a return to work program; or
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the worker’s doctor signs a medical certificate to the effect that the worker has partial capacity for work or has total capacity but is unable to return to their pre-injury position for some reason
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cl8(1)(a)-(d (a) Names of the injured worker and the employer, and any other details needed to identify them; (b) Description of the goal of the program (c) List of the action to be taken to enable RTW, identifying who has to take each action; and (d) A statement as to whether the worker agrees with the content of the program.
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Injury Management: A Guide for Employers
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No. A RTW program is an individualised program. An Injury Management System is developed by the employer for all workers describing the steps to be taken if an injury occurs
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South Australia
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The Corporation has the responsibility under Section 28A of the Act.
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[section 28A(2)] An Injury Management Plan is not required under the South Australian Workers Rehabilitation & Compensation Act. A RTW Plan is required when a worker; “(a) is receiving compensation by way of income maintenance; and (b) is (or likely to be) incapacitated for work by a compensable disability for more than 13 weeks (but has some prospect of returning to work)”
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Regulation 2010, number 23 defines the standards & requirements of RRTW Plans: The plan must specify: worker name, DOB, claim number, employer name, nature of disability, DOI.
As its objectives: a RTW at the earliest practicable time to suitable employment. RTW aligned to pre injury employer or new employer. Suitable employment to be specified on the RRTW plan.
The RRTW plan must specify action the worker and pre injury employer/workplace must undertake to achieve plan objectives eg training, workplace modifications. Other inclusions are: rehabilitation services provided to worker, commencement and completion period, review times and the prescribed “Important Notice to Employers” and “Important Notice to Workers”.
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Section 28C of the WRC Act & Workers Rehabilitation & Compensation Regulations 2010.
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No. An Injury Management Plan is not required in South Australia
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Tasmania
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The injury management coordinator (section 143E)
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(section 143E) A RTW plan is required if the worker is, or is likely to be, totally or partially incapacitated for work for more than 5 working days but less than 28 days. An injury management plan is required if the worker is, or is likely to be, totally or partially incapacitated for work for more than 28 days.
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contact details for: the worker, worker’s supervisor or RTW coordinator, the primary treating medical practitioner; and the injury management coordinator.
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details of the worker’s employment, medical assessment, capacity to work, any current RTW or injury management plan that the worker has been participating in, medical management, barriers or impediments to RTW; suitable duties identified and available, RTW /injury management goals, strategies for achieving goals and agreement to comply with the plan from the worker and employer.
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Guideline for Preparing Return to Work Plans and Injury Management Plans (G-020)
Return to Work Plan/Injury Management Plan - Sample
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(section 143E) Yes. An injury management plan is required if the worker is, or is likely to be, totally or partially incapacitated for work for more than 28 days.
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Northern Territory
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Not Legislated
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Not Legislated
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Not Legislated
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Not Legislated
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Not Legislated
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Australian Capital Territory
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The insurer carries the primary responsiblity under s97 Workers Compensation Act 1951.
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s97 Workers Compensation Act 1951 - all significant compensable injuires (incapacity for seven days or more) must have an personal injury plan. If the worker is not back at work in pre-injury duties at pre-injury hours by 4 weeks post injury notification a rehabilitation provider must be appointed. (s99A Workers Compensation Act 1951)
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The plan is for the coordinating and managing the aspects of injury management that relate to
medical treatment and rehabilitation services for the worker to achieve a timely, safe and durable RTW for the worker. The content of the plan is not prescribed.
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Workers Compensation Act 1951
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The RTW plan and the injury management plan are integrated into the personal injury plan.
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C’wealth Comcare
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The employer (defined in section 4 as the rehabilitation authority) - subsection 37(1)
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The guidelines (8a) recommend that a rehab assessment to dertermine the need for a rehab program be arranged for any expected absence from work greater than 10 days or for a severe injury.
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When a rehabilitation authoritymakes a dertermination that an employee should undertake a rehabilitation program - subssection 37(1) .
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The Guidelines require a return to work plan to be individualised, outcome-based and set out the steps to be followed in achieving the return to work Rehabilitation Guidelines, 10b.
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Rehabilitation Guidelines for Employers
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No
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C’wealth Seacare
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the employer - s50(1)
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s49 (1) If the injury lasts, or is expected to last 28 days or more
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where practical, suitable employment
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an outline of steps by the employer or on the employers behalf
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a start and review date
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A best practice guide: Seafarers Rehabilitation and Return to Work
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No
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C’wealth DVA
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(s.39) The rehabilitation authority who at a time is: (a) the person’s service chief for a time when the person: (i) is a Permanent Forces member or a continuous full-time Reservist; and (ii) has not been identified by or on behalf of the person’s service chief as being likely to be discharged from the Defence Force for medical reasons; or (b) the MRCC for any other time.
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(s.51) 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
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(s.5) A program that consists of or includes any one or more of the following: (a) medical, dental, psychiatric and hospital services; (b) physical training and exercise; (c) physiotherapy; (d) occupational therapy; (e) vocational assessment and rehabilitation; (f) counselling; (g) psycho-social training.
(s.5) Vocational assessment and rehabilitation consists of or includes any one or more of the following: (a) assessment of transferable skills; (b) functional capacity assessment; (c) workplace assessment; (d) vocational counselling and training; (e) review of medical factors; (f) training in resume preparation, job-seeker skills and job placement; (g) provision of workplace aids and equipment.
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Rehabilitation services in DVA
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No
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New Zealand
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The Injured Employee-s70
Claimant’s and Corporation’s obligations in relation to rehabilitation
A claimant who has suffered personal injury for which they have cover-
(a) 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
(b) is responsible for their own rehabilitation to the extent practicable having regard to the consequences of their injury.
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(s86) After an assessment has been done and the corporation decides that it is reasonably practicable to return the injured employee to the same employment in which they were engaged.
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Various forms of Rehabilitation based on type of injury, severity, duties normally performed.
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