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

(a) employ domestic or similar workers otherwise than for the purposes of the employer's trade or business,

(b) hold owner-builder permits under the Home Building Act 1989,

(c) are corporations that only employ workers who are directors of the corporation,

(d) only employ workers who are members of the employer's family,

(e) only employ workers who perform work while outside NSW,

(f) 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 employers 

SIRA   Return to Work Coordinator Training eLearning modules RTW program and Tailoring a RTW program

Yes

s103 to s107 required to plan return to work for injured worker and consult on this; to have a return to work coordinator for duration of return to work obligations or at all times if 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 )

Yes

Employer must consult with workers as to how return to work information is to be made available

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

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 

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 Act   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)

Yes 

s155B and Workers’ Compensation Code of Practice (Injury Management) 2005. Employers must establish and implement an Injury Management System

No

s155B and Workers’ Compensation Code of Practice (Injury Management) 2005

No

s155B and Workers’ Compensation Code of Practice (Injury Management) 2005

Yes

Code, cl6

Code, cl6 states that the document describing the injury management system must include:

• a description of the steps the employer will take when an  injury occurs at the employer’s workplace
• details of the person who has the day to day responsibility for the injury management system, and how to contact that person.

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

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 , Workers Rehabilitation and Compensation Act 1988

The approval process for Injury Management Programs is provided in  s143 

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

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 

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 

Yes

s109 , Workers’ Compensation Act 1951 

Yes

s 109(2) 

The SRC Act 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.

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.

Guidelines for Rehabilitation Authorities (2019) 

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