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Employers required to have a return to work program or policies? |
Do requirements differ for different categories of employers? |
Exemptions from return to work programs |
Requirements for development of programs/policies (e.g. in consultation with workers) |
Requirements for display and availability to workers |
Return to work program should include |
Further information |
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New South Wales |
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 All employers in NSW must have a return-to-work program in place within 12 months of starting a business, and it must be consistent with the insurer’s injury management program. Clause 11 of the Workers Compensation Regulation 2016 (2016 regulation)
|
Yes 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: 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 should be done in consultation with workers and their unions. s52(2)(b), Workplace Injury Management and Workers Compensation Act 1998 Act
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Yes, an employer who fails to display or notify a return-to-work program in accordance with section 52(2)(c) and (d) of the 1998 Act is guilty of an offence. Clauses 17 Workers’ Compensation Regulation 2016 |
The 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.
2 employers are able to adopt or customise the standard RTW program
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for workplace return to work programs March 2021
standard return to work program for category 2 employers
Return to Work Coordinator Training eLearning modules:
RTW program
Tailoring a RTW program
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Victoria |
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) |
No |
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 are required to make available to their workers should contain the following elements:
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Return to Work Compliance Code 3 — Return to Work Information |
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Queensland |
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 $4,200,040 and all other employers with declared wages of less than $8,400,080, do not need a workplace rehabilitation policy and procedure. (The threshold amount varies each year by movements in QOTE: Qld Ordinary Time Earnings) |
No |
No |
Workplace rehabilitation policies and procedures which outline:
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|
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Western Australia |
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 |
No |
Yes Code, cl6 |
Code, cl6 states that the document describing the injury management system has to include:
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Workers’ Compensation Code of Practice (Injury Management) 2005 |
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South Australia |
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 |
Employers with less than 30 employees are exempt from a requirement to appoint a Return to Work Co-ordinator (Reg 18) |
A recovery/return to work plan is not mandatory where the period of incapacity is less than 4 weeks — s25(1) |
Section 25(5) |
Section 25(7) |
Section 25(6) and regulation 15 |
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Tasmania |
Yes Insurers and employers are required to 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 |
No |
No |
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 |
The Guidelines indicate that an Injury Management Program should be readily available in the employer’s workplace where the workers can readily refer to it |
Key elements include:
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Guideline for preparing return to work plans and injury management plans |
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Northern Territory |
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 |
No |
No |
No |
Not legislated |
Not legislated |
|
|
Australian Capital Territory |
Yes s109, Workers’ Compensation Act 1951 |
No |
No |
The return to work program must be developed in consultation with: workers to whom it relates, unions representing the workers and approved rehabilitation providers. — s109, Workers’ Compensation Act 1951 |
Yes |
Section 109(3) provides that the return to work program must provide policies and procedures for rehabilitation and be consistent with insurer’s injury management program, be established in accordance with any guidelines issued by the Minister. |
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C’wealth Comcare |
Yes Section 41(2) of the Safety, Rehabilitation and Compensation Act 1988 requires rehabilitation authorities to comply with any guidelines issued under s41(1). Rehabilitation programs and rehabilitation management systems are covered in the Guidelines for Rehabilitation Authorities 2012 (the Guidelines); Chapter 4 — Part II Rehabilitation Program Attachment A — Performance Standards and Measures for Employers |
No |
No |
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. |
No |
Guidance on what a return to work policy should include is provided in Comcare’s guidance and audit tools. This includes commitment by Senior Executive, measurement and monitoring. |
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C’wealth Seacare |
No |
N/A |
No |
In consultation with the employee, employer, rehabilitation provider and medical practitioner |
N/A |
N/A |
A best practice guide: Seafarers Rehabilitation and Return to Work |
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C’wealth DVA |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
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New Zealand |
N/A |
No |
No |
N/A |
No |
N/A |
N/A |
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Table 6.2a: Requirement to have a workplace rehabilitation/ return to work program or policy
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