Clause 19 Workers compensation Regulation 2016: A category 1 employer must have a dedicated return to work coordinator who has the required training and skills to assist injured Employees return to work.  The   Guidelines for workplace return to work programs outlines the functions of Return-to-Work Coordinators. 

An employer should appoint a RTW coordinator who has well established relationship with workers and a good understanding of all aspects of the workplace. If an employer chooses to outsource this role or engage a RTW coordinator under a work arrangement or contract, they must ensure:

• The  appointed person has the required training, skills and experience
• The arrangement will not disadvantage workers
• Consult the workforce before proceeding with the arrangement
• There is no perceived or actual conflict of interest for the person being engaged 
• The RTW program details the arrangements, including the person’s name, qualifications and experience
• The suitability of these arrangements is reviewed every 2 years as part of the RTW program review.

Category 2 employers must nominate person responsible for recovery at work, develop and implement a return-to-work program. 

Return to work coordinators must have the training, skills and experience to perform the role and functions of the return-to-work coordinator for an employer. SIRA’s online training is available to assist return to work coordinators to meet this requirement. Category 1 employers must appoint or engage a RTW coordinator who has relevant training, skills and experience to perform the role and functions of a RTW Coordinator.

The  guidelines outline competencies which are required of a RTW coordinator .  These include:

• effective communication skills 
• the ability to consult with and influence stakeholders 
• negotiation and conflict resolution 
• being organised and skilled in time management 
• the ability to think and solve problems 
• a knowledge of NSW workers compensation legislation, and
• the roles and responsibilities of stakeholders in the system 

SIRA has developed  online training for return-to-work coordinators to understand their role, the importance of recovery at work and how employers can meet their workers compensation obligations. 

Workplace Injury Rehabilitation and Compensation Act 2013  s106 — An employer’s obligation to have a Return to Work Coordinator depends on their rateable remuneration:

• an employer with a rateable  remuneration of $2,518,510 or more must have a Return to Work Coordinator  appointed at all times, and
• an employer with a rateable remun eration of less than $2,518,510 must appoint a Return to Work Coordinator for the duration of the employer’s return to work obligations to an injured worker.

An employer must appoint a person to be a Return to Work Coordinator who has an appropriate level of seniority and is competent to assist the employer to meet the employer’s obligations under  Part 4 of the Act.

A person is competent to assist the employer to meet its obligations under Part 4 of the Act if the person has knowledge, skills or experience relevant to planning for return, including: (a) knowledge of the obligations of employers and workers under Part 4 of the Act (b) knowledge of the compensation scheme provided for under the Act and the Accident Compensation Act 1985 and the functions of WorkSafe Victoria and, if relevant, self-insurers under Part 4 of the Act.

View the  Return to Work Coordinator guidance and the  Return to Work Coordinators Compliance code for further information.

Completing the Return to Work Coordinator training is not mandated by WorkSafe Victoria (WSV). However WSV strongly encourages Return to Work Coordinators to complete the WSV endorsed 2 day Return to Work Coordinator  training course developed by WSV in consultation with external stakeholders. 

To become a provider of WorkSafe Victoria endorsed Return to Work Coordinator training interested parties must  complete a  Provider Application for Approval to Conduct Role of a Return to Work Coordinator Training Program application form and satisfy the necessary requirements to gain approval.

WSV strongly  encourages all Return to Work Coordinators to stay up to date with the latest return to work news, information and events, and in doing so build upon and maintain their competence as a coordinator.

Workers’ Compensation and Rehabilitation Act 2003  s41  

A rehabilitation and return to work coordinator is a person who is appropriately qualified to perform the functions of a rehabilitation and return to work coordinator and has the functions prescribed under a regulation. (Workers’ Compensation and Rehabilitation Regulation 2014  s114 — Functions of Rehabilitation and Return to Work Coordinator). These include:

• initiate early  communication with an injured worker in order to clarify the nature and severity of the worker’s injury;
• provide overall coordination of the worker’s return to work;
• if a rehabilitation and return to work plan is required—
  • consult with the worker and the worker’s employer to develop the suitable duties program component of the plan; and
  • ensure the program is consistent with the current medical certificate or report for the worker’s injury;
• liaise  with
  • any person engaged by the employer to help in the worker’s rehabilitation and return to work; and
  • the insurer about the worker’s progress and indicate, as early as possible, if there is a need for the insurer to assist or intervene.

s226 — Employer’s obligation to appoint rehabilitation and Return to Work Coordinators

An employer must appoint a Rehabilitation and Return to Work Coordinator if they meet the prescribed criteria. That is, the employer employs workers at a workplace in a high-risk industry and the wages of the employer in Queensland for the preceding financial year were more than 2,600 times QOTE. If not in a high-risk industry, the employer’s wages in Queensland for the preceding financial year were more than 5,200 times QOTE.

The Rehabilitation and Return to Work Coordinator must be in Queensland and be employed by the employer under a contract (regardless of whether the contract is a contract of service). The employer must appoint the Rehabilitation and Return to Work Coordinator within 6 months after workplace is established or workers are employed at a workplace. Later period can be granted.

A Rehabilitation and Return to Work Coordinator is not civilly liable for an act done, or an omission made, in giving effect to the workplace rehabilitation policy and procedures of an employer. The civil liability may attach to the employer. 

s41 Meaning of rehabilitation and return to work coordinator

A person is taken to be appropriately qualified to perform the functions of a rehabilitation and return to work coordinator if the person has completed a training course approved by the Regulator.

Return to work coordinator – under  s26 Return to Work Act 2014 - an employer must appoint (and retain) a return to work coordinator who is based in South Australia.

The employer must appoint a coordinator:

• within 6 months after the requirement to be registered as an employer under the Return to Work Act 2014 (or within a later period approved by the Return to Work Corporation) and
• within 3 months after a  vacancy occurs in the office of a coordinator.

A coordinator has the following functions:

• to assist workers suffering from work injuries, where prudent and practicable, to remain at or return to work as soon as possible after the occurrence of the injury:
• to assist in the preparation and implementation of any recovery/return to work plan for an injured worker
• to liaise with any persons involved in the provision of medical and other relevant services to workers
• to monitor the progress of an injured worker’s capacity to return to work
• to as far as practicable, prevent the occurrence of an aggravation, acceleration, exacerbation, deterioration or recurrence of an injury where a worker returns to work.

The regulations may exempt an employer, or employers of a prescribed class, from the requirement to appoint a Return to Work Co-ordinator (see  s26 and  reg 18 of the Return to Work Regulations 2015).

Businesses that employ more than 30 workers must appoint a certified return to work  coordinator .

Return to Work Coordinator certificate training provides participants with an understanding of the role,   functions and responsibilities of a return to work coordinator.

Training is provided on-line or by a registered training provider. Details are provided on the  ReturnToWorkSA website.

Workers Rehabilitation and Compensation Act 1988  s143B 

The licensed insurer of an employer of a worker must appoint an injury management coordinator in respect of the employer.

The licensed insurer of an employer of a worker, as soon as practicable after becoming aware that the worker has suffered a significant injury, must assign the worker to the injury management coordinator in respect of the employer.

If a worker’s approved injury management program was submitted by the worker’s employer to the employer’s insurer under  s143(4) :

• subsections (1) and  (2) do not apply to the employer’s insurer; and
• the employer must appoint an injury management coordinator in respect of the employer and assign a worker to the injury management coordinator, as soon as practicable after becoming aware the worker has suffered an injury.

If a worker’s approved injury management program was submitted by the worker’s employer to the Board under  s143(5) or  (6) the employer must:

• appoint an injury management coordinator in respect of the employer; and
• assign a worker to the injury management coordinator, as soon as practicable after becoming aware that the worker has suffered a significant injury.

The employer or insurer who appointed a person to be an injury management coordinator may appoint another person to be the injury management coordinator in the place of the person first appointed.

Return to Work Coordinator may be required to be appointed ( s143D ):

• An employer who employs more than 100 workers must appoint a return to work coordinator.
• A worker’s employer may only assign a worker to a return to work coordinator if the coordinator is familiar with the workplace, and the management and staff of the workplace, in which the worker is employed.

Injury Management Coordinator —  s143B(5) 

A person may only be appointed to be an injury management coordinator if, where the Board approves a course of training:

• the person has successfully completed the course of training; or
• the Board is satisfied that the person has obtained a qualification or completed a course of training that is at least equivalent to the course of training approved by the Board.

The approved course of training for an injury management coordinator, as of 1 March 2021 is a Certificate IV in Personal Injury Management. Elective units in return to work are encouraged.

Return to Work Coordinator —  s143D 

A person may only be appointed under ss(1) to be a return to work coordinator if, where the Board has approved a course of training:

• the person has successfully completed the course of training; or
• the Board is satisfied that the person has obtained a qualification or completed a course of training that is at least equivalent to the course of training approved by the Board.

While the WorkCover Tasmania Board has not approved a course of training for return to work coordinators, it is recognised that this role requires certain knowledge and skills to enable the appointed person to effectively perform the role. For this reason, it is highly recommended that a return to work coordinator completes 4 units of competencies recognised within the Australian Qualifications Framework, refer to  WorkSafe Tasmania’s website .

An employer that pays an annual premium of $200,000 or more, or is a self-insurer must appoint a return to work coordinator –  s103B 

An employer must:

• provide the facilities and assistance that are reasonably necessary to enable a return-to-work coordinator to exercise the coordinator’s functions; and
• not appoint a person as a return-to-work coordinator unless the person
  • has completed training determined by the Minister as prerequisite training  for a return-to-work coordinator for this Act; or
  • has experience of the kind determined by the Minister as prerequisite experience for a return-to-work coordinator for this Act; and
• comply with the Minister’s guidelines about an employer’s responsibilities in relation to return-to-work coordinators; and
• notify the Minister in writing about the contact details for each of the employer’s return-to-work coordinators not later than 30 days after the day the coordinator is appointed. –  s103E 

The SafeWork NSW approved training course Introduction to return to work coordination or its equivalent as named from time to time.  Workers Compensation (Return-to-Work Coordinator Training) Determination 2016 (No 1) 

Knowledge of the ACT workers’ compensation scheme and demonstrated work experience in the field of injury or case management or workplace rehabilitation, including experience undertaking the functions set out at  s103D of the Act.  Workers Compensation (Return-to-Work Coordinator Experience) Determination 2016 (No 1) 

The Guidelines specify the requirements for the rehabilitation delegate. These include:

Having appropriate skills and capabilities to exercise their powers and perform the functions under Part III of the SRC Act; and being supported with appropriate resources and training for the exercise or performance of their powers and functions  [see s 7(1)] .

Comcare does not have an accreditation process. Comcare does provide  Rehabilitation case manager core capabilities . These capabilities define the requirements of an effective rehabilitation case manager in the Comcare scheme. The core capabilities can be used to establish a scheme standard and support training needs of the rehabilitation case manager.

Comcare also offers face-to-face and virtual training, delivers regular rehabilitation case manager forums and produces better practice guidance and research.

Qualification requirements are incorporated into the Statement of Requirements. 

Rehabilitation service providers are contracted by DVA to:

• identify  and coordinate access to relevant services and supports to meet client needs
• organise assessments for rehabilitation services and support required by the client
• work with the client to develop a tailored rehabilitation plan
• manage and coordinate the client's plan
• liaise with the client’s treating practitioners to optimise rehabilitation outcomes
• liaise with DVA delegates about progress towards rehabilitation goals

Rehabilitation provider organisations need to satisfy several DVA-specific requirements. This process is independent of the Comcare accreditation process. To work with DVA clients, provider organisations need to be both an approved Comcare provider and meet the specific DVA requirements.

The DVA requirements are distinct from Comcare’s revised approval criteria and operational standards and have been agreed to by the Military Rehabilitation and Compensation Commission (MRCC). Industry input at several consultation meetings in 2015 helped shape the DVA requirements. 

Summary of Requirements

The DVA registration requirements have 3 components:  Profession, experience  and t raining.  All 3 components must be met for the consultant to deliver services for DVA.

The  consultant must hold one of the applicable  professions as per the  Operational Standards for Workplace Rehabilitation Providers 2020 . The consultant must have the following experience, or be mentored until this experience is  obtained :

• Minimum of 3 years’ hands on experience delivering occupational rehabilitation services
• Minimum of 1 year experience providing clinical services to DVA clients or other workers from a similar environment such as police or emergency services personnel
• Minimum 1 year experience in providing clinical support to clients with complex medical conditions
• Minimum 1 year experience with long term case management including the mentoring and coaching of clients towards successful completion of identified goals, and the completion of timely and meaningful reports
• For consultants delivering vocational support - Minimum 1 year experience in translating specific skills and qualifications to other industries and assisting clients to move to a new job with a new employer, to change careers and/or move into a new industry

The consultant must complete the  required  training which includes:

• DVA e- learning courses available via DVAtrain on the DVA website.
  • Underst anding DVA’s Rehabilitation Program
  • Understanding DVA’s Rehabilitation Program knowledge check
• M ental Health First Aid training
• Rehabilitation Provider Training series: Consultant Registration