Table 6.8: Prescribed time periods to establish a return to work plan

 

3-point contact

Return to work plan/personal injury plan developed

New South Wales

The insurer must initiate action under the insurer’s injury management program within 3 working days and must make contact with the worker, the employer and the worker’s treating doctor.

 

An employer must comply with obligations imposed on the employer under the insurer’s injury management program. This does not apply if the employer is a self-insurer. 

Insurer - Workplace Injury Management and Workers Compensation Act 1998 s43(4) — 3 working days for workers with a significant injury. This is completed by the insurer for injury management planning.

Employer - A return to work plan is developed for each injured worker returning to work. Guidelines for workplace return to work programs.

Victoria

N/A

 

  • Workplace Injury Rehabilitation and Compensation Act 2013 s104 — Plan return to work — see more details under ‘Return to Work Plans’:
    1. An employer must, to the extent that it is reasonable to do so, plan the return to work of a worker from the date on which the employer knows or ought reasonably to have known of the worker’s incapacity for work, whichever is the earlier date.
  • Under s104(4), an employer knows or ought reasonably to have known of the incapacity for work from the beginning of the employment obligation period under s103 — either the date a medical certificate or claim for compensation for weekly payments is received by the employer or the employer is notified of receipt of these documents by the insurer, whichever is the earliest.

 

Queensland

N/A

No time specified — Workers’ Compensation and Rehabilitation Act 2003 s220(2)

Western Australia

N/A

As soon as practicable after doctor makes recommendation — Workers’ Compensation and Injury Management Act 1981 s155C(1)

South Australia

N/A

Where it appears that a worker is (or is likely) to be incapacitated for work by a work injury for more than 4 weeks, a recovery/return to work plan must be prepared — Return to Work Act 2014 s25. A plan can also be prepared under other circumstances [see s25(2)].

Tasmania

An injury management coordinator to ensure that contact is made with the worker, the employer and the primary treating medical practitioner as soon as practicable after a worker (suffering a significant injury) is assigned to the injury management coordinator — Workers Rehabilitation and Compensation Act 1988 s143C(2)(a).

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(1).

Northern Territory

N/A

No time specified for plan but employer has 7 days after becoming aware that the worker’s total or partial incapacity will exceed 28 days to give a proposal in writing to the worker for a return to work plan — Return to Work Act 1986 s75A(1)(c)

Australian Capital Territory

N/A

3 business days for significant injury — Workers Compensation Act 1951 s96.

When suspected that injury is significant (7 days) — s97.

C’wealth Comcare

No time specified

No prescribed time specified by Comcare.

C’wealth Seacare

N/A

No prescribed time specified by Comcare.

C’wealth DVA

No time specified

No time specified

New Zealand

N/A

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-

  1. must—
    1. determine whether the claimant is likely to need social or vocational rehabilitation after the 12 weeks have ended; and
    2. if so, prepare an individual rehabilitation plan in consultation with the claimant; and
  2. may include the plan provision for treatment.