Responsibilities of rehabilitation provider

New South Wales

A workplace rehabilitation service is defined under section 59 of the 1987 Act as "any service provided as a workplace rehabilitation service by or on behalf of a provider or rehabilitation services approved under section 52 of the 1998 Act".

Part 7 of the Workers compensation regulation 2016 sets out the requirements for providers to seek SIRA approval to deliver workplace rehabilitation services in the NSW workers compensation scheme. The Workers compensation workplace rehabilitation provider approval framework sets out the requirements for organisations delivering or seeking to deliver workplace rehabilitation services within the NSW workers compensation scheme.

Workplace rehabilitation providers help people recover at work. Workplace

rehabilitation services are usually delivered at the workplace, in consultation with all parties and may involve:

• assessing the activities a worker can currently perform
• assessing available suitable work option
• advising about modifications for the work environment or work practices to reduce work demands, for example providing equipment to make the worker’s job easier
• working with the worker, their employer and doctor to design a plan to help the worker recover at work
• advising about work options when the worker is unable to recover at work with their pre-injury employer

Victoria

• Workplace Injury Rehabilitation and Compensation Act 2013 s3 of the legislation defines the meaning of the term occupational rehabilitation services. For injured workers, there are a number of specific return to work services known as occupational rehabilitation (OR) services to assist them return to work which can only be delivered by OR providers approved by WorkSafe Victoria. Approved occupational rehabilitation providers must comply with conditions of approval and the Nationally Consistent Approval Framework for Workplace Rehabilitation Providers.
• The type of OR services approved by an Agent for an injured worker depends on whether the return to work focus is to help them back to work with the injury employer (Original Employer Services — OES) or with a new employer (New employer services — NES).
• A request for OR services can be made by the worker or the worker’s treating health care provider or their employer however, the Agent responsible for managing the injured worker’s claim must approve the OR service before it is offered or provided to a worker.
• View OES & NES provider service item codes and descriptions —Occupational rehabilitation fee schedule (expanded).

Queensland

N/A

Western Australia

To provide vocational rehabilitation services as prescribed in reg 44 of the Workers’ Compensation and Injury Management Regulations 1982 such as:

• support counselling
• vocational counselling
• purchase of aids and appliances
• case management
• retraining criteria assistance
• specialised retraining program assistance
• training and education
• workplace activities
• placement activities
• assessments (functional capacity, vocational, ergonomic, job demands, workplace, aids and appliances)
• travel
• medical, and
• general reports.

Workplace rehabilitation providers must comply with the conditions of approval and code of conduct for workplace rehabilitation providers. These requirements are contained in:

• WorkCover WA’s Application for Approval as a Workplace Rehabilitation Provider Application for Approval as a Workplace Rehabilitation Provider Form,
• WorkCover WA Workplace Rehabilitation Providers Principles and Standards of Practice
• HWCA Principles of Practice for Workplace Rehabilitation Providers

South Australia

Return to work services comprises the following six service categories:

1. Pre-injury employer services
2. Fit for work services
3. Restoration to the community services
4. Job placement services
5. Return to work assessment services
6. Mediation services

Each of these six service categories is described in the Return to Work Services Fee Schedule.

Tasmania

Workplace rehabilitation providers provide the following workplace rehabilitation services:

• initial workplace rehabilitation assessment
• assessment of a worker’s functional capacity
• workplace assessment
• job analysis
• advice about job modification
• rehabilitation counselling
• vocational assessment — s3 Workers Rehabilitation and Compensation Act 1988
• workplace rehabilitation services may only be provided by a person who meets requirements set out in s77A

Northern Territory

Vocational rehabilitation providers must be approved by NT WorkSafe – s50. NT WorkSafe has adopted the National Principles of Practice for rehabilitation providers. Vocational providers must comply with the national framework.

Rehabilitation providers

Role of a rehabilitation provider - video

Australian Capital Territory

• Public sector scheme: as per SRC Act 1988
• Private scheme — s99A Workers Compensation Act 1951
• The insurer must appoint an approved rehabilitation provider for the injured worker as part of the personal injury plan if the worker has not returned to the worker’s pre-injury duties and pre-injury working hours, within four weeks after the day the worker gave notice of the injury.
• Procedure for approval of rehabilitation provider:
• Providers are assessed and approved in line with the Guide: Nationally Consistent Framework for Workplace Rehabilitation Providers as enforced from time to time. The requirements for the role and responsibilities of providers are outlined in the above guide. ACT provides mutual recognition or approval following direct application to WorkSafe.

C’wealth Comcare

Comcare has developed a new approval process and Performance Monitoring Framework (the framework). The framework describes Comcare’s compliance and performance requirements and approach to monitoring approved providers. The framework took effect from 1 July 2020, for a three-year approval period.

The Workplace Rehabilitation Provider is engaged to provide specialised services when the employer is seeking additional assistance to support the worker's return to work. These services include:

• facilitating an early recovery at or return to work of the worker
• identifying and designing suitable duties for the injured worker to assist employers to meet their obligations in providing suitable employment to workers
• identifying and coordinating rehabilitation strategies that ensure workers are able to safely perform their duties
• forging the link between the case manager (return to work coordinator), employer and treatment providers to ensure a focus on recovery at or return to work, and

arranging appropriate retraining and placement in alternative employment when the worker is unable to return to pre-injury duties.

C’wealth Seacare

Seafarers Rehabilitation and Compensation Act 1992 s48 — states that approved rehabilitation program providers under Part 3 of the 1992 Act has the same meaning as in the Safety, Rehabilitation and Compensation Act 1988. Therefore, the responsibilities of rehabilitation providers are the same as Comcare.

C’wealth DVA

DVA Rehabilitation Providers are engaged by DVA to undertake a range of activities including assessment, plan development and management on behalf of DVA to optimise rehabilitation outcomes. Responsibility for the approval of rehabilitation activities recommended by the service provider lies with DVA Rehabilitation Coordinators. The choice of rehabilitation activities will depend on the local services available and the specific needs of the client.

New Zealand

N/A