Table 6.8: Prescribed time periods to establish a return to work plan

 3-point contactTime to develop a return to work plan/personal injury plan 
NSW

The insurer must initiate action under the insurer’s injury management program within 3 working days and must contact the worker, employer and worker’s treating doctor.

Employers must comply with their obligations under the insurer’s injury management program. (Does not apply if the employer is a self-insurer) 

Insurer: 3 working days for workers with a significant injury. 20 days if an injury is identified as likely to be a significant injury Workplace Injury Management and Workers Compensation Act 1998   s43(4) 

Employer: A return to work plan is developed for each injured worker returning to work.  Guidelines for workplace return to work programs .

Vic N/A

Workplace Injury Rehabilitation and Compensation Act 2013   s104 — Plan return to work — see more details under ‘Return to Work Plans’:

  • An employer must, to the extent that it is reasonable to do so, plan the return to work of a worker from the date on which the employer knows or ought reasonably to have known of the worker’s incapacity for work, whichever is the earlier date.
  • Under  s104(4) , an employer knows or ought reasonably to have known of the incapacity for work from the beginning of the employment obligation period under  s103 — either the date a medical certificate or claim for  compensation for weekly payments is received by the employer or the employer is notified of receipt of these documents by the insurer, whichever is the earliest.
QldN/ANo time specified — Workers’ Compensation and Rehabilitation Act 2003   s220(2) 
WA N/AAs soon as practicable after doctor makes recommendation — Workers’ Compensation and Injury Management Act 1981   s155C(1) 
SAN/AWhere it appears that a worker is (or is likely) to be incapacitated for work by a work injury for more than 4 weeks, a recovery/return to work plan must be prepared — Return to Work Act 2014   s25 . A plan can also be prepared under other circumstances [see  s25(2) ].
Tas An injury management coordinator to ensure that contact is made with the worker, the employer and the primary treating medical practitioner as soon as practicable after a worker (suffering a significant injury) is assigned to the injury management coordinator — Workers Rehabilitation and Compensation Act 1988   s143C(2)(a) .If a worker suffers a significant injury, the employer must ensure that any return-to-work plan, or injury management plan, that is required under the employer’s approved injury management program to be prepared in relation to a worker who has suffered a significant injury, is prepared within the period specified in that program—  s143E(1) .
NTN/ANo time specified for plan but employer has 7 days after becoming aware that the worker’s total or partial incapacity will exceed 28 days to give a proposal in writing to the worker for a return to work plan — Return to Work Act 1986   s75A(1)(c) 
ACT N/A

3 business days for significant injury — Workers Compensation Act 1951   s96 .

When suspected that injury is significant (7 days) —  s97 .

C’wealth ComcareN/AN/A
C’wealth Seacare N/AN/A
C’wealth DVAN/AN/A
New Zealand N/AAccident Compensation Act 2001   s75 Within 13 weeks after the Corporation accepts the claimant’s claim, the Corporation must determine whether the claimant is likely to need social or vocational rehabilitation after the 13 weeks have ended. If so, the Corporation must prepare an individual rehabilitation plan in consultation with the claimant.