Part 3Recovery/return to work

Part 3—Recovery/return to work 14—Interpretation In this Part, unless the contrary intention appears— different employer, in relation to an injured worker, means an employer of the worker (whether identified or not) who is not the pre‑injury employer; different employment, in relation to an injured worker, means employment that is not pre‑injury employment; injured worker means a worker who has been incapacitated for work by an injury (whether or not it has been finally established that the worker's injury is a work injury under the Act); plan means a recovery/return to work plan under Part 3 of the Act; pre‑injury employer means the person by whom an injured worker was employed immediately before the occurrence of an injury to which a plan relates; pre‑injury employment means the form of employment that an injured worker performed immediately before the occurrence of an injury to which a plan relates. 15—Standards and requirements—recovery/return to work plan (section 25 of Act) For the purposes of section 25(6) of the Act, a recovery/return to work plan must comply with the following standards and requirements: (a) it must be in writing; (b) it must specify the following details: (i) the worker's full name; (ii) the worker's date of birth; (iii) the claim number; (iv) the employer's name; (v) the nature of the injury; (vi) the date that the injury was suffered; (c) it must be as simple and flexible as possible; (d) it must promote communication and co-operation between the parties; (e) it must be appropriate to the circumstances of the worker; (f) it must have specific objectives including at least 1 of the following: (i) the worker's return to the pre‑injury employment with the pre‑injury employer; (ii) the worker's return to different employment with the pre‑injury employer; (iii) the worker's return to the pre‑injury employment but with a different employer; (iv) the worker's return to different employment with a different employer; (v) the worker's return to independence within the community; (g) it must contain other provisions consistent with the objects of the Act including provisions promoting— (i) early intervention; and (ii) recovery and return to work services; and (iii) the provision of suitable employment for which the worker is fit; (h) it must contain the following statements: (A) Important Notice to Employers • Failure to co‑operate with the implementation of a recovery/return to work plan or to provide suitable employment for an injured worker may be considered as appropriate grounds to impose a supplementary payment (see section 147 of the Return to Work Act 2014); • An application for a review of a provision of a recovery/return to work plan on the ground that the provision is unreasonable does not suspend obligations imposed by the recovery/return to work plan until a review authority makes a decision to modify the plan, if at all. (B) Important Notice to Injured Workers • A failure to comply with an obligation under a recovery/return to work plan may lead to the discontinuance of weekly payments (see section 48(3)(d)(ii) of the Return to Work Act 2014); • An application for a review of a provision of a recovery/return to work plan may be made but it does not suspend obligations imposed by the plan pending a determination of the review; • A refusal or failure to undertake work that has been offered and that the worker is capable of performing, or to take reasonable steps to find or obtain suitable employment, may lead to the discontinuance of payments (see section 48 of the Return to Work Act 2014). This may also occur if a worker obtains suitable employment and then unreasonably discontinues the employment. 16—Amendment to recovery/return to work plan A reference in this Part to a matter to be contained in a plan includes any amendments, alterations or modifications to the plan made by the Corporation in the course of a review of the plan, subject to the Corporation satisfying the requirements of the Act in respect of the implementation of an amendment, alteration or modification. 17—Review of recovery/return to work plan (1) For the purposes of section 25(9)(a) of the Act, a recovery/return to work plan should be reviewed— (a) if the objectives of the plan have been completed or satisfied; and (b) as often as necessary to ensure that the plan continues to reflect— (i) any significant changes in the nature of the worker's capacity for work; and (ii) the issues that need to be addressed; and (iii) a change in the return to work objective being sought (due to a change in the worker's capacity or for any other reason). (2) For the purposes of section 25(9)(b) of the Act, the review of a recovery/return to work plan should include a meeting with the worker to be conducted at the worker's place of employment (if reasonably practicable). 18—Return to work co‑ordinators—exemptions from requirements (section 26 of Act) (1) Subject to subregulation (2), an employer is exempt from the requirement to appoint a co‑ordinator under section 26 of the Act if— (a) the employer maintains a remuneration level that has fallen below an amount that (according to the determination of the Corporation) represents a remuneration level consistent with the employment of fewer than 30 workers; or (b) the employer holds an exemption from the Corporation under this paragraph granted on the ground that the Corporation is satisfied— (i) that the employer reasonably expects not to employ 30 or more workers for any continuous period of 3 (or more) months; and (ii) that in the particular circumstances it is appropriate to grant the exemption. (2) An exemption under subregulation (1) ceases to apply if at any time the employer employs 30 or more workers for a continuous period of 3 (or more) months. (3) If an exemption ceases to apply under subregulation (2), the employer must appoint a person to the office of co‑ordinator within 3 months after the cessation of the exemption.