The State Insurance Regulatory Authority (SIRA) is the NSW regulator for workers’ compensation insurance and administers the NSW workers compensation legislation. The insurer must: 

• establish and maintain an injury management program and must revise the injury management program from time to time and when directed by SIRA  s43(1) Workplace Injury Management and Workers Compensation Act 1998 
• ensure employers are made aware of their injury management obligations under the legislation and under the insurer’s injury management program  s43(3) 1998 Act.
• contact the employer, worker and (if necessary) the nominated treating doctor within 3 working days of being notified that a worker has sustained a significant injury,  s43(3) 1998 Act.
• develop an injury management plan in line with timeframes in the insurer’s injury management program,  s45 1998 Act.
• consult with the injured worker, employer and nominated treating doctor in the development of an injury management plan.
• commence provisional payment of weekly payments and medical expenses within 7 days of being notified of an injury, unless they have a reasonable excuse for not commencing those weekly payments,  s267(1) 1998 Act.
• inform the worker that entitlement to weekly payments can be suspended if the worker does not reasonably comply with the injury management plan  s45(4) 1998 Act.
• ensure vocational retraining and/or assistance to obtain employment is provided or arranged for a worker that may reasonably lead to a real prospect of employment,  s45(6) 1998 Act.

Agents do not have return to work obligations under the Workplace Injury Rehabilitation and Compensation Act 2013 . Employers and workers do. While Agents can assist employers and workers to meet their return to work obligations, such as return to work planning, they cannot meet these obligations on their behalf. Agents can assist employers in developing arrangements. This could involve assistance in the writing of return to work arrangements provided the employer has ownership of the arrangements. Ownership includes the employer agreeing with and understanding the details of the return to work arrangements and ensuring that the worker and other people (e.g., worker’s supervisor) are aware of the arrangements.

The Authority is responsible for approval of occupational rehabilitation providers and providing this approved provider list to workers. The Authority may direct an employer to use the services and an approved occupational rehabilitation provider -  s120 

The Authority appoints return to work Inspectors to exercise the powers set out in Division 7, Part 4.

Workers’ Compensation and Rehabilitation Act 2003 s220 — an insurer must: 

• take the steps it considers practicable to secure the rehabilitation and early return to suitable duties of workers who have an entitlement to compensation, 
• refer a worker who has lodged a notice of claim to an accredited return to work program of the insurer, unless the insurer is satisfied that, as a result of the injury, the worker will not be able to participate in the program, and 
• take the steps it considers practicable to coordinate the development and maintenance of a rehabilitation and return to work plan in consultation with the injured worker, the worker’s employer and treating registered persons.

An accredited return to work program, of an insurer, means a return to work program managed by the insurer that is accredited by the Workers’ Compensation Regulator.

Insurers’ Responsibilities

• Workers’ Compensation and  Injury Management Act 1981   s155D — Injury management: insurers’ obligations: To make  employers aware of their obligations in relation to return to work programs and injury management systems. If requested by the employer either:
  • assist the employer comply with their obligations in relation to return to work programs and injury management systems, or
  • discharge the employer’s obligations on behalf of the employer.

WorkCover WA Responsibilities

• s157 — WorkCover WA is to:
  • provide  information and advice on injury management generally
  • make available, upon request, to employers, workers and other persons such information or other assistance as it considers appropriate to facilitate the arranging of injury management
  • make arrangements with other persons or authorities for the use of facilities for providing information about injury management and related matters, and
  • provide information on injury management or related matters to an arbitrator.

Under the Return to Work Corporation of South Australia Act 1994 , the Return to Work Corporation of South Australia is responsible for the  administration of the Return to Work scheme as a regulator and a service focused insurer, minimising employer’s costs while providing fair compensation for work-related injuries and ensuring the scheme is fully funded.

ReturnToWorkSA appoints agents who are responsible for the management of work injury claims specified in legislated contractual arrangements.

An insurer must ensure that there is an injury management program in place in respect of each of its employers (note — the insurer can submit an injury management program to the Board for approval that applies to a group of employers or to all of its employers), must comply with each injury management program — Workers Rehabilitation and Compensation Act 1988  s142 

An insurer must appoint an injury management coordinator in respect of its employers. As soon as practicable after becoming aware that a worker (employed by one of its employers) has suffered a significant injury, the insurer must assign that worker to the injury management coordinator. —  s143B 

As soon as practicable after making a significant decision in relation to the injury management of a worker, the insurer is to notify the worker of the decision and the reason/s for the decision. —  s143P(1). 

Chapter 8 of the Workers’ Compensation Act 1951 — insurer obligations

Chapter 5 — injury management obligations

s88 establish and review injury management program — reviewed every 2 years.

Accident Compensation Act 2001   s70 Claimant’s and Corporation’s obligations in relation to rehabilitation

A claimant who has suffered personal injury for which they have cover is entitled to  be provided by the Corporation with rehabilitation, to the extent provided by this Act, to assist in restoring the claimant’s health, independence, and participation to the maximum extent practicable but is responsible for their own rehabilitation to the extent practicable having regard to the consequences of their personal injury.