Other requirements of employers

New South Wales

• Every employer must provide information for workers that outlines how they notify an injury and how they can make a workers compensation claim. The “If you get injured at work poster” summarises the requirements of the Workplace Injury Management and Workers Compensation Act 1998 with regard to notifying of injuries and making claims. s231, 1998 Act and reg 39 of the Workers Compensation Regulation 2016.
• Obligation to participate and cooperate in the establishment of, and comply with obligations imposed by the injury management plan (excludes self-insured) s46 1998 Act.
• Employer to provide suitable work — s49 1998 Act. Category 1 employer must have return to work coordinator reg 19, 2016 Regulation.
• Category 1 employer must have return to work coordinator reg 19, 2016 Regulation
• Notify insurer of an accident or injury within 48 hours - the employer of an injured worker must notify the insurer or the Authority within 48 hours after becoming aware that a worker has received a workplace injury in the manner prescribed by the regulations. Chapter 3 s44(2), 1998 Act.
• Forward any documents related to the claim to the insurer within seven days (excludes self-insured) s261(1) 1998 Act.
• Have a register of injuries — The employer must maintain a register of injuries in which workers record details of work-related injuries, (s256, 1998 Act, reg 40 of the Workers Compensation Regulation 2016)
• Keep and supply wage records — The employer must keep a record of wages for at least the previous 5 years (s174 of the Workers Compensation Act 1987).
• Pass on any monies owed to a worker as soon as is practicable in line wit usual pay cycle s264(3) 1998 Act.

Victoria

s105, Workplace Injury Rehabilitation and Compensation Act 2013 — Consult about the return to work of a worker

s106 2013 Act — Return to Work Coordinator to be appointed — must have sufficient seniority and be competent to perform the role

s109 2013 Act — Host to cooperate with labour hire employer

s118 2013 Act — Resolution of return to work issues

Queensland

Employers must appoint a Rehabilitation and Return to Work Coordinator if they meet a wages threshold. The Rehabilitation and Return to Work Coordinator must also be located in Queensland (Workers’ Compensation and Rehabilitation Act 2003 s226)

Western Australia

No

South Australia

• An employer must appoint a Return to Work Coordinator if they have 30 or more employees. The Rehabilitation and Return to Work Coordinator must be located in South Australia. — Return to Work Act 2014 s26
• An employer must notify the Corporation when:
  • a worker who has been receiving weekly payments for total incapacity returns to work; or
  • there is a change in the weekly earnings of a worker who is receiving weekly payments for partial incapacity; or
  • there is a change in the type of work performed by a worker who is receiving weekly payments for partial incapacity — s52

Tasmania

• An employer must notify its insurer within 3 working days of becoming aware that one of the employer’s workers has suffered a workplace injury that results in or is likely to result in the worker being totally or partially incapacitated for work; or is required to be reported under the worker’s approved injury management program. — Workers Rehabilitation and Compensation Act 1988 s143A
• If the employer is a self-insurer and/or submitted its own injury management program to the Board, the employer must appoint an injury management coordinator. — s143B(3) and (4)
• An employer who employs more than 100 workers must appoint a suitably qualified return-to-work co-ordinator. — s143D
• An employer must take all reasonable steps to comply with the requirements of a return to work plan or injury management plan. — s143E(7)
• As soon as practicable after making a significant decision in relation to the injury management of a worker, the employer is to notify the worker of the decision and the reason/s for the decision. A worker’s employer is to inform the worker’s injury management co-ordinator as soon as practicable after a dispute arises in relation to injury management in respect of the worker. — s143P(1)(2)

Northern Territory

No

Australian Capital Territory

No

C’wealth Comcare

• Safety, Rehabilitation and Compensation Act 1988 s36 — Assessment of capability of undertaking rehabilitation program. Where an employee suffers an injury resulting in an incapacity for work or an impairment, the rehabilitation authority may at any time, and shall on the written request of the employee, arrange for the assessment of the employee’s capability of undertaking a rehabilitation program
• s36(4) — Decide whether an employee had a reasonable excuse for failing to attend or co-operate in an examination
• s37 — If the rehabilitation authority makes a determination that an employee should undertake a rehabilitation program, the rehabilitation authority must provide a rehabilitation program for the employee itself; or make arrangements with an approved program provider for that provider to provide a rehabilitation program for the employee
• s37(7) — Decide whether the employee had a reasonable excuse for failing to undertake a rehabilitation program

C’wealth Seacare

• Seafarers Rehabilitation and Compensation Act 1992 s49 — Assessment of capability of undertaking rehabilitation program. If an employee suffers an injury that lasts, or is expected to last, 28 days, which results in an impairment or an incapacity for work, the employer must arrange for the assessment of the employee’s capability of undertaking a rehabilitation program
• s49(4) — Decide whether an employee had a reasonable excuse for failing to co-operate in an examination
• s50 — If an employee is assessed capable of undertaking a rehabilitation program, the employer must make arrangements with an approved program provider for the provision of an appropriate rehabilitation program.
• s50(5) — Decide whether the employee had a reasonable excuse for failing to undertake a rehabilitation program

C’wealth DVA

No

New Zealand

The employer must take all practicable steps to assist the claimant with the claimant’s vocational rehabilitation under his or her individual rehabilitation plan — Accident Compensation Act 2001 s71