Part 3Early intervention, recovery and return to work

Part 3—Early intervention, recovery and return to work 23—Object (1) The object of this Part is to establish a system that seeks to ensure that a worker who suffers a work injury— (a) achieves the best practicable levels of physical and mental recovery; and (b) returns to the worker's pre‑injury work or, if that is not reasonably practicable, is in any event restored to the workforce and the community in a timely, safe and durable way. (2) Without limiting subsection (1), the aim is— (a) to intervene and provide services under this Part as early as is reasonably practicable after a worker suffers a work injury; and (b) in connection with paragraph (a)— (i) to return the worker to work in the worker's pre‑injury duties; or (ii) if it is not reasonably practicable to return the worker to work in the worker's pre‑injury duties—to return the worker, either temporarily or permanently, to other suitable duties with the worker's pre‑injury employer; or (iii) if subparagraphs (i) and (ii) are not reasonably practicable—to return the worker, either temporarily or permanently, to work with another employer; or (iv) if subparagraphs (i), (ii) and (iii) are not reasonably practicable—to maximise the worker's independent functioning as a member of the community; and (c) to ensure that any employer, worker or other person involved in a recovery or return to work process cooperate to achieve the object referred to in subsection (1). (3) This Part may apply to a worker even if it has not been finally established that the worker's injury is a work injury. 24—Early intervention, recovery and return to work services (1) The services that may be provided under this Part (recovery/return to work services) may do 1 or more of the following: (a) provide for the physical, mental or vocational assessment of a worker; (b) provide advisory services to a worker, members of the family of a worker, an employer and others; (c) assist a worker in retaining, seeking or obtaining employment; (d) assist in the training or retraining of a worker; (e) assist a worker to find or establish appropriate accommodation; (f) provide equipment, facilities and services to assist a worker to cope with any injury at home or in the workplace; (g) provide assistance to a person who may be in a position to help a worker to overcome or cope with an injury; (h) provide necessary and reasonable costs (including costs of travel, accommodation and child care) incurred by a worker in order to receive or participate in any services; (i) provide anything else that may assist in achieving the objects of this Part. (2) The services provided to a worker may recognise that if a return to work is not reasonably practicable in the short term that the services may assist a worker's overall recovery by assisting the worker to be restored to the community at the beginning and to return to work in the medium or longer term (recognising that some workers may have minimal prospects of returning to work at all due to the seriousness of the injury). (3) Action to determine the most appropriate recovery/return to work services to be provided to an injured worker must be taken as early as possible after the worker suffers the work injury. (4) The Corporation must take reasonable steps to ensure that a reasonable level of recovery/return to work services are provided to an injured worker taking into account the nature and extent of the worker's injury, the circumstances of the worker, and any other relevant factor. (5) Recovery/return to work services will be provided by persons accredited, approved or appointed by the Corporation. 25—Recovery/return to work plans (1) Where it appears that a worker is (or is likely) to be incapacitated for work by a work injury for more than 4 weeks, the Corporation must ensure that a plan (a recovery/return to work plan) is prepared for the worker. (2) In connection with subsection (1)— (a) a recovery/return to work plan may be prepared even if the period of incapacity may be less than 4 weeks; and (b) a recovery/return to work plan may be prepared for a worker who may not be returning to work in the short or medium term so that the initial focus of the plan is on restoring the worker to the community at the beginning; and (c) a recovery/return to work plan may be prepared for a worker who has no reasonable prospect of returning to work but where the preparation of a plan would still assist in restoring the worker to the community; and (d) a recovery/return to work plan need not be prepared for a worker if the Corporation considers that, due to the severity of the injury, the focus should be on other forms of support and services (unless or until the worker becomes capable of participating in a plan). (3) Subject to taking into account the provisions of subsection (2), a recovery/return to work plan will set out the actions and responsibilities of a worker, an employer, the Corporation, and where relevant, the host employer that are to be undertaken or assumed in order to achieve the earliest possible safe return to work or, if relevant, to the community on a durable basis. (4) A recovery/return to work plan may impose obligations on the worker, the employer and, where relevant, the host employer (and, in the case of a dispute, will continue to bind the worker, the employer and, where relevant, the host employer subject to the outcome of any process or procedure associated with determining the dispute). (5) In preparing a recovery/return to work plan— (a) consultation must occur with the worker and, insofar as is necessary or appropriate, with the employer and, where relevant, any host employer out of whose employment the injury arose; and (b) assistance may be obtained from the relevant return to work co‑ordinator (if appointed) and any person who might be providing services under the plan; and (c) insofar as is reasonably practicable— (i) medical records relevant to the worker's condition should be reviewed; and (ii) consultation should occur with any health practitioner who is treating the worker for a relevant injury; and (d) consultation may occur with any other person or body as the Corporation thinks fit. (6) A recovery/return to work plan must comply with standards and requirements prescribed by the regulations. (7) The Corporation must give— (a) the worker and the employer and, where relevant, any host employer; and (b) as far as reasonably practicable, any health practitioner who is treating the worker for a relevant work injury, a copy of the recovery/return to work plan. (8) A recovery/return to work plan may be reviewed from time to time. (9) In connection with the operation of subsection (8), the regulations may— (a) specify when a recovery/return to work plan should be reviewed; and (b) prescribe procedures to be followed when a recovery/return to work plan is being reviewed. (10) Without limiting subsections (8) and (9), if— (a) a worker who has been incapacitated for work in consequence of a work injury has not, at the expiration of the period of 6 months from the date on which the incapacity for work first occurred, returned to work in employment that is the same as, or equivalent to, the employment in which the worker was employed immediately before the incapacity; and (b) the worker is not working to his or her full capacity (after taking into account the nature and effect of the worker's work injury and any other relevant factor), new or other employment options for the worker need to be taken into account in order to assist the worker to return to work in suitable employment. (10a) Any proposed new or other employment options for a worker referred to in subsection (10) must be agreed to by the worker before being adopted as part of the recovery/return to work plan. (11) A plan under this section must not impose any obligation on a seriously injured worker to return to work (but may include processes designed to assist a seriously injured worker to return to work at the request of the worker). (12) If, in relation to a pre-injury employer that is a member of a group of self‑insured employers comprised of related bodies corporate, the duty to provide suitable employment to a particular worker is extended in accordance with section 18 to a related body corporate in the group, a reference in this section to an employer includes a reference to the related body corporate. (13) If, in relation to a pre-injury employer that is an agency or instrumentality of the Crown that is taken under section 130 to be registered as a self‑insured employer, the duty to provide suitable employment to a particular worker is extended in accordance with section 18 to another agency or instrumentality of the Crown, a reference in this section to an employer includes a reference to the other agency or instrumentality. (14) In this section— host employer and related bodies corporate have the same meanings in this section as in section 18; pre-injury employer—see section 18(1)). 26—Return to work co-ordinators (1) Subject to this section, an employer must appoint (and retain) a return to work co‑ordinator (referred to in this section as a co‑ordinator). (2) A co‑ordinator must be based in South Australia. (3) The employer must appoint a co‑ordinator— (a) within 6 months after the requirement to be registered under Part 9 first arises (disregarding any exemption that may be available under that Part) or within a later period approved by the Corporation; and (b) within 3 months after a vacancy occurs in the office of a co‑ordinator under this section. (4) A co‑ordinator has the following functions: (a) to assist workers suffering from work injuries, where prudent and practicable, to remain at or return to work as soon as possible after the occurrence of the injury; (b) to assist the Corporation in the preparation and implementation of any recovery/return to work plan for an injured worker; (c) to liaise with any persons involved in the provision of medical and other relevant services to workers; (d) to monitor the progress of an injured worker's capacity to return to work; (e) to take steps to, as far as practicable, prevent the occurrence of an aggravation, acceleration, exacerbation, deterioration or recurrence of an injury when a worker returns to work. (5) An employer must— (a) provide such facilities and assistance as are reasonably necessary to enable a co‑ordinator to perform his or her functions under this section; and (b) ensure that a co-ordinator plays an active role in achieving a timely, safe and durable return to work for a worker who has suffered a work injury with a particular emphasis on early intervention (to the extent contemplated by this Part); and (c) comply with any training or operational guidelines published by the Corporation from time to time for the purposes of this section. (6) The regulations may exempt an employer, or employers of a prescribed class, from a requirement under this section. 27—Standards and facilities established by Corporation The Corporation may— (a) enter into arrangements with any government agency or other body under which facilities and services, including medical services, will be provided to injured workers; and (b) with the approval of the Minister, establish clinics and other facilities and services for the assessment, treatment and recovery of injured workers and, without limiting this section, the provision of recovery/return to work services; and (c) establish and maintain a register of persons and organisations that are, in the opinion of the Corporation, properly qualified and equipped to provide facilities and services in connection with the assessment, treatment and recovery of injured workers and, without limiting this section, the provision of recovery/return to work services; and (d) authorise the expenditure of money on behalf of the Corporation for the purposes of this Part (subject to any limits or conditions set or determined by the Corporation). 28—Rates for provision of services (1) The Minister may from time to time, by notice in the Gazette, on the recommendation of the Corporation, publish scales of charges that will apply in relation to the provision of recovery/return to work services. (2) Before the Corporation makes a recommendation to the Minister about the publishing of a scale of charges, the Corporation must consult with— (a) professional associations representing the providers of services of the relevant kind; and (b) associations representing employers (including the South Australian Employers Chamber of Commerce and Industry); and (c) associations representing employees (including the United Trades and Labor Council). (3) A person who provides a recovery/return to work service for an injured worker for which a scale of charges has been published under this section, knowing the worker to be receiving the services under this Act, must not charge for the service an amount exceeding the amount allowed under that scale of charges. Maximum penalty: $2 500. (4) Nothing in this section prevents the Corporation from entering into an agreement for the provision of recovery/return to work services that are not subject to a notice published under this section at rates set or determined under the agreement. 29—Related initiatives The Corporation may, as it thinks fit— (a) disseminate information that relates to work related injuries with a view to— (i) preventing their occurrence; or (ii) assisting workers with managing such injuries and with their recovery from such injuries (insofar as may be practicable); and (b) conduct, participate in or subsidise research that will promote the objects of this Part; and (c) encourage and support the work of organisations that provide assistance to workers who have suffered work related injuries.