Table 6.2b: Return to work plans — individual return to work plans | Safe Work Australia

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	Responsibility for ensuring that a return to work plan is in place	When is a return to work plan or injury management required?	Contents of the plan	Further information	Requirement to have a separate injury management plan
New South Wales	Employers must provide suitable work, where reasonably practicable, even when there is a dispute about liability. Employers must detail in their RTW program the employer’s policies and procedures for how they will develop a recover at work plan in consultation with the worker to manage recovery at work.	If a worker sustains a significant injury and is unable to return to their pre-injury role a Recover at Work Plan is required to be developed by the employer. An insurer must commence an injury management plan upon receipt of initial notification of injury and if the injury is identified as likely to be significant which is being unable to perform the pre injury role for more than 7 days. s42 Workplace Injury Management and Workers Compensation Act 1998	The Recover at Work Plan is a statement of goals and objectives for a worker undergoing recovery at work. It details the suitable work activities identified aligned with the worker’s capacity. The plan should include the worker’s details, work location, worker’s capacity, treatment arrangements, duties to be performed, monitoring arrangements and review and planning arrangements. The Recover at Work Plan is developed in consultation with all stakeholders including the worker, supervisor and treatment providers. The injury management plan should be developed in consultation with the worker, be specific, consider medical and treatment information, be tailored to deliver the goal, detailing stakeholder obligations and have review dates.	An employer is to develop a Recover at Work Plan for each worker who returns to suitable work. For details refer to SIRAs Guidelines for workplace return to work programs. Recover at work planning tool and template is to assist employers in the development of a recover at work plan. I’m an employer helping my worker recover SIRA RTW coordinator eLearning: Recover at work planning Developing a recover at work plan	Yes, An insurer must commence an injury management plan upon receipt of initial notification of injury and if the injury is identified as likely to be significant which is being unable to perform the pre injury role for more than 7 days. s42 Workplace Injury Management and Workers Compensation Act 1998 the insurer is responsible for the development of an injury management plan s45 of the Workplace Injury Management and Workers Compensation Act 1998.
Victoria	Employer — s103 (provide employment) and s104 (plan return to work)	Employer must plan a worker’s return to work from the date on which the employer knows or ought reasonably to have known of worker’s incapacity, whichever is the earlier date. s96 — Defines this start date as the earliest of the following dates: the date the employer receives the worker’s medical certificate (issued in accordance with s25(1), or the date the employer receives a claim for compensation from the worker in the form of weekly payments, or the date the employer is notified by the Authority that the worker has made a claim for compensation in the form of weekly payments, or the date the employer is notified by the Authority that the worker has provided the Authority with a medical certificate issued in accordance with s25(1).	Once suitable or pre-injury employment has been confirmed, employers must provide the worker with details of the return to work arrangements. The details of the return to work arrangements must be clear, accurate and up to date. Employers should include (but not limit themselves to including) details about: the suitable employment being provided including modified or alternative duties that accommodate restrictions identified in medical information available such as Certificates of Capacity commencement time and date details of any tasks or duties the worker needs to avoid the hours of work and the place of work work breaks, rotations or exercise breaks support, aids or modifications to the workplace to assist the worker’s return to work the Return to Work Coordinator contact details details of the worker’s supervisor or manager when returning to work, and the review date (reviews may occur earlier than this date as appropriate). An employer must communicate the details of the return to work arrangements to the worker or other relevant parties in a way that is most appropriate for the worker and the other parties. Providing the worker with this information in writing is one way to comply, but it is not mandatory to do so. However, this may not always be adequate and other approaches may be required such as talking through the return to work arrangements with the worker.	Compliance code 1 of 4: Providing employment, planning and consultation about return to work	No
Queensland	Workers’ Compensation and Rehabilitation Act 2003 s220 — The insurer	Act s220 — An insurer must 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	A written plan outlining the rehabilitation objectives and the steps required to achieve the objectives	Guidelines for Standard for Rehabilitation	No
Western Australia	The Employer — Workers’ Compensation and Injury Management Act 1981 s155C; Code — cl7	s155C — As soon as practicable after the treating doctor indicates the need for a return to work program, or the worker’s doctor signs a medical certificate to the effect that the worker has partial capacity for work or has total capacity but is unable to return to their pre-injury position for some reason.	cl8(1)(a) — (d): Names of the injured worker and the employer, and any other details needed to identify them, Description of the goal of the program, List of the action to be taken to enable return to work, identifying who has to take each action, and A statement as to whether the worker agrees with the content of the program.	Injury Management: A Guide for Employers	No A return to work program is an individualised program. An Injury Management System is developed by the employer for all workers describing the steps to be taken if an injury occurs.
South Australia	The insurer/self-insured employer are responsible for ensuring that a recovery/return to work plan is in place for the worker — Return to Work Act 2014 s25	A recovery/return to work plan must be prepared where it appears that a worker is (or is likely) to be incapacitated for work by a work injury for more than 4 weeks — s25(2)(a). A plan must not impose any obligation on a seriously injured worker (more than 30% WPI) to return to work — s25(11).	Under Regulation 15, the plan must specify: worker name date of birth claim number employer name nature of injury date of injury must be appropriate to the circumstances of the worker must have specific employment objectives must promote communication and cooperation between parties must contain recovery/return to work services provided to worker commencement and completion period review times prescribed notices for employers and workers regarding failure to comply.	Regulation 15 Return to Work Regulations 2015	No
Tasmania	The employer — Workers Rehabilitation and Compensation Act 1988 s143E	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 Significant injury means a workplace injury suffered by the worker that is likely to result in the worker being totally or partially incapacitated for more than 5 working days – s141	Return to work goals setting out milestones for the injured worker to achieve until they reach the goal of returning to pre-injury employment. Worker’s diagnosis, capacity and restrictions Treatment and/ or rehabilitation arrangements Suitable duties, workplace modifications and hours of work Supervisory arrangements Contact details Review date Workers Consent Supplementary information such as roles and responsibilities of parties involved in the injury management, the process for handling disputes, and the process for disclosing information.	Preparing Return to Work Plans Preparing Injury Management Plans Guideline for preparing return to work plans and injury management plans Injury Management Programs	s143E If the injury management plan is not incorporated in the return to work plan the program should also specify the time frame in which an injury management plan will be developed and implemented.
Northern Territory	The employer — Return to Work Act 1986 s75A	When worker is likely to be incapacitated for more than 28 days	Not Legislated	Return to Work Plans	Not Legislated
Australian Capital Territory	The insurer carries the primary responsibility under s97 Workers’ Compensation Act 1951	s97 Workers’ Compensation Act 1951 — all significant compensable injuries (incapacity for seven days or more) must have a personal injury plan. If the worker is not back at work in pre-injury duties at pre-injury hours by 4 weeks post injury notification, a rehabilitation provider must be appointed — s99A Workers Compensation Act 1951	The plan is for coordinating and managing the aspects of injury management that relate to medical treatment and rehabilitation services for the worker to achieve a timely, safe and durable return to work. The content of the plan is not prescribed	Workers’ Compensation Act 1951	The return to work plan and the injury management plan are integrated into the personal injury plan
C’wealth Comcare	The employer (defined in s4 as the rehabilitation authority) — s37(1) Safety, Rehabilitation and Compensation Act 1988	A rehabilitation authority may make a determination that an employee who has suffered an injury resulting in an incapacity for work or an impairment should undertake a rehabilitation program s37(1) SRC Act. The Guidelines specify: If making a determination under subsection s37(1) of the Act, the rehabilitation authority must have regard to all matters in subsection s37(3) of the SRC Act [see section9(1)] and must refer to the relevant matters to which it had regard in the determination [see section 9(2)]. The Guidelines specify the rehabilitation authority may consider providing or altering a rehabilitation program if there are changes in: (a) the employee’s work capacity, injury or circumstances; or (b) the availability of suitable employment [see section 9(9)].	The Guidelines [see section 9(5)] state The rehabilitation program must include: (a) details of the rehabilitation case manager, and where applicable, the details of the supervisor and the workplace rehabilitation provider; (b) the review dates; and (c) if applicable, the reasonable steps being undertaken by the relevant employer to provide to the employee, or to assist the employee to find, suitable employment under section 40 of the Act. A rehabilitation program is individualised to the employee and it is better practice to include: Recovery and return to work goals (SMART goals) The employee’s work duties Timelines for the delivery of the activities and overall goal Roles and responsibilities of all stakeholders Employee rights [see Rehabilitation case manager handbook]	Guidelines for Rehabilitation Authorities (2019) Rehabilitation case manager handbook	No
C’wealth Seacare	The employer and approved program provider — s50(1) Seafarers Rehabilitation and Compensation Act 1992	s49(1) — If the injury lasts, or is expected to last 28 days or more	Where practical: suitable employment an outline of steps by the employer or on the employers behalf, and a start and review date.	A best practice guide: Seafarers Rehabilitation and Return to Work	No
C’wealth DVA	Military Rehabilitation and Compensation Act 2004 (MRCA) s39 — The rehabilitation authority for a person at a time is: subject to paragraph (aa), the Chief of the Defence Force for a time when the person: is a Permanent Forces member, a continuous full-time Reservist or a part-time Reservist; and has not been identified by or on behalf of the Chief of the Defence Force as being likely to be discharged from the Defence Force for medical reasons; or if the Commission, after considering advice from the Chief of the Defence Force, determines, in writing, that the Commission is to be the rehabilitation authority for a specified person at a specified time — the Commission for that time; or the Commission for any other time. Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) s41A — Delegation by a Rehabilitation Authority A rehabilitation authority who is: the principal officer of an Entity; or the principal officer of a Commonwealth authority in respect of which a licence is not in force under Part VIII of the SRC Act; or the principal officer of a licensee; may in writing, delegate to an officer of, or a person employed by that Entity, authority or licensee all or any of the powers and functions of the rehabilitation authority under this Part. A rehabilitation authority who is the Chief of the Defence Force may, in writing, delegate to an officer or employee of the Commonwealth all or any of the powers and functions of the rehabilitation authority under this Part.	MRCA s51 — Rehabilitation authority may determine that the person is to undertake a rehabilitation program if an assessment has been made of the person’s capacity for rehabilitation DRCA s37 — Provision of rehabilitation programs A rehabilitation authority may make a determination that an employee who has suffered an injury resulting in an incapacity for work or an impairment should undertake a rehabilitation program.	MRCA s5 — A program that consists of or includes any one or more of the following: medical, dental, psychiatric and hospital services, physical training and exercise, physiotherapy, occupational therapy, vocational assessment and rehabilitation, counselling, and psycho-social training. MRCA s5 — Vocational assessment and rehabilitation consists of or includes any one or more of the following: assessment of transferable skills, functional capacity assessment, workplace assessment, vocational counselling and training, review of medical factors, training in resume preparation, job-seeker skills and job placement, and provision of workplace aids and equipment. DRCA s4 — *rehabilitation program* includes medical, dental, psychiatric and hospital services (whether on an in-patient or out-patient basis), physical training and exercise, physiotherapy, occupational therapy and vocational training.	Rehabilitation services in DVA	No
New Zealand	The Injured Employee — s70 Accident Compensation Act 2001 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 with rehabilitation, to the extent provided by this Act, to assist in restoring 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 injury. Accident Compensation Act 2001 s75 Corporation to determine need for rehabilitation plan. Within 13 weeks after the Corporation accepts the claimant’s claim for cover, the Corporation a) must— i) determine whether the claimant is likely to need social or vocational rehabilitation after the 12 weeks have ended; and ii) if so, prepare an individual rehabilitation plan in consultation with the claimant; and b) may include the plan provision for treatment.	s86 — After an assessment has been done and the corporation decides that it is reasonably practicable to return the injured employee to the same employment in which they were engaged	Various forms of Rehabilitation based on type of injury, severity, duties normally performed	—	—