New South Wales

●    The State Insurance Regulatory Authority (SIRA) is the regulator for workers compensation insurance in New South Wales (NSW) and is responsible for the administration of the NSW workers compensation legislation.

●    The insurer must establish and maintain an injury management program and must revise the injury management program from time to time and when directed by SIRA s43(1) of the Workplace Injury Management and Workers Compensation Act 1998.

●    The insurer must ensure employers are made aware of their injury management obligations under the legislation and under the insurer’s injury management program s43(3) of the 1998 Act.

●    The insurer must within three working days of being notified that a worker has sustained a significant injury, contact the employer, worker and (if necessary) the nominated treating doctor, s43(3) of the 1998 Act.

●    The insurer must develop an injury management plan in line with timeframes in the insurer’s injury management program, s45 1998 Act.

●    The insurer must consult with the injured worker, employer and nominated treating doctor in the development of an injury management plan.

●    The insurer must commence provisional payment of weekly payments and medical expenses within seven days of being notified of an injury, unless they have a reasonable excuse for not commencing those weekly payments, s267(1) 1998 Act.

●    The insurer must inform the worker that entitlement to weekly payments can be suspended if the worker does not reasonably comply with the injury management plan s45(4) 1998 Act.

The insurer must ensure vocational retraining and/or assistance to obtain employment is provided or arranged for a worker that may reasonably lead to a real prospect of employment, s45(6) of the 1998 Act.

Victoria

• Agents do not have return to work obligations under the Workplace Injury Rehabilitation and Compensation Act 2013, while employers and workers do. While Agents can assist employers and workers to meet their return to work obligations, such as return to work planning, they cannot meet these obligations on the organisation’s or individual’s behalf. For instance, in relation to complying with s104 (providing the worker with clear and accurate details of the return to work arrangements)
• Agents can assist employers in developing arrangements. This could in some instances involve assistance in the writing of return to work arrangements provided the employer has ownership of the arrangements. Ownership includes the employer agreeing with and understanding the details of the return to work arrangements and ensuring that the worker and other people such as the worker’s supervisor are aware of the arrangements.
• Authority is responsible for approval of occupational rehabilitation providers and providing this approved provider list to workers.
• Authority may direct an employer to use the services and an approved occupational rehabilitation provider - s 120
• The Authority appoints return to work Inspectors to exercise the powers set out in Division 7, Part 4.

Queensland

• Workers’ Compensation and Rehabilitation Act 2003 s220 — an insurer must take the steps it considers practicable to secure the rehabilitation and early return to suitable duties of workers who have an entitlement to compensation.
• An insurer must refer a worker who has lodged a notice of claim to an accredited return to work program of the insurer, unless the insurer is satisfied that, as a result of the injury, the worker will not be able to participate in the program.
• 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.
• An accredited return to work program, of an insurer, means a return to work program managed by the insurer that is accredited by the Workers’ Compensation Regulator.

Western Australia

Insurers’ Responsibilities

• Workers’ Compensation and Injury Management Act 1981 s155D — Injury management: insurers’ obligations:
  • To make employers aware of their obligations in relation to return to work programs and injury management systems.
  • If requested by the employer either:
    1. assist the employer comply with their obligations in relation to return to work programs and injury management systems, or
    2. discharge the employer’s obligations on behalf of the employer.

WorkCover WA Responsibilities

• s157 — To provide Information about injury management matters WorkCover WA is to:
  • provide information and advice on injury management generally
  • make available, upon request, to employers, workers and other persons such information or other assistance as it considers appropriate to facilitate the arranging of injury management
  • make arrangements with other persons or authorities for the use of facilities for providing information about injury management and related matters, and
  • provide information on injury management or related matters to an arbitrator.

South Australia

Under the Return to Work Corporation Act 1994, the Return to Work Corporation of South Australia is responsible for:

• administration of the Return to Work scheme as a regulator and a service focused insurer;
• minimising employer’s costs while providing fair compensation for work-related injuries; and
• ensuring the scheme is fully funded.

ReturnToWorkSA appoints agents who are responsible for the management of work injury claims specified in legislated contractual arrangements.

Tasmania

• An insurer must ensure that there is an injury management program in place in respect of each of its employers (note — the insurer can submit an injury management program to the Board for approval that applies to a group of employers or to all of its employers), must comply with each injury management program — Workers Rehabilitation and Compensation Act 1988 s142
• An insurer must appoint an injury management coordinator in respect of its employers. As soon as practicable after becoming aware that a worker (employed by one of its employers) has suffered a significant injury, the insurer must assign that worker to the injury management coordinator. — s143B
• As soon as practicable after making a significant decision in relation to the injury management of a worker, the insurer is to notify the worker of the decision and the reason/s for the decision. — s143P(1).

Northern Territory

Return to Work Act 1986 s75A provides for responsibilities on employers and the return to work process. The insurer will assist the employer to manage this process.

Australian Capital Territory

• Chapter 8 of the Workers’ Compensation Act 1951 — insurer obligations
• Chapter 5 — injury management obligations
• s88 establish and review injury management program — reviewed every two years.

C’wealth Comcare

• Comcare approves rehabilitation providers including (i) determines criteria for approval and operational standards of rehabilitation providers; (ii) approves, renews and revokes approval of rehabilitation providers.
• Comcare reviews rehabilitation determinations issued by premium paying entities and Commonwealth authorities (s38 Safety, Rehabilitation and Compensation Act 1988).
• Comcare prepares and issues guidelines in relation to the performance and exercise by rehabilitation authorities of their rehabilitation functions and powers (s41).

C’wealth Seacare

s50(1) of the Seafarers Rehabilitation and Compensation Act 1992 requires the employer to make arrangements with an approved program provider for the provision of appropriate rehabilitation programs.

C’wealth DVA

See Rehabilitation Authority in Table 5.2(b)

New Zealand

• Accident Compensation Act 2001 s70 Claimant’s and Corporation’s obligations in relation to rehabilitation
• A claimant who has suffered personal injury for which he or she has cover —
  1. is entitled to be provided by the Corporation with rehabilitation, to the extent provided by this Act, to assist in restoring the claimant’s health, independence, and participation to the maximum extent practicable; but
  2. is responsible for his or her own rehabilitation to the extent practicable having regard to the consequences of his or her personal injury.