57AGuide for Arranging Rehabilitation Assessments and Requiring Examinations

#### 57A Guide for Arranging Rehabilitation Assessments and Requiring Examinations (1) Comcare must, in consultation with the Commission, prepare a written document to be called the “Guide for Arranging Rehabilitation Assessments and Requiring Examinations” (the Guide). (2) The object of the Guide is to support ethical, transparent and accountable decision‑making in relation to arranging a rehabilitation assessment of an employee under subsection 36(1), or requiring an employee to undergo an examination under subsection 36(3) or 57(1), including appropriate consideration of the employee’s personal circumstances. (3) The Guide must: (a) provide that, for the purposes of a rehabilitation assessment or examination of an employee: (i) information in relation to the employee should be sought from the employee’s treating practitioner; and (ii) the employee’s treating practitioner and the information (if any) provided by the treating practitioner should be relied on as much as possible before a referral is made to an independent medical practitioner, or other qualified person, in relation to the employee; and (b) specify the circumstances in which it is appropriate to require an employee to undergo a rehabilitation assessment or examination; and (c) specify limitations on the frequency and number of rehabilitation assessments or examinations that an employee may be required to undergo; and (d) specify the qualifications of the person or, if required under section 36, the panel of persons who may conduct a rehabilitation assessment or an examination of an employee; and (e) require the rehabilitation authority or the relevant authority (as the case requires) to seek, and take into account, the views of an employee, who is required to undergo a rehabilitation assessment or examination, about the selection of the person or, if required under section 36, the panel of persons who are to conduct the rehabilitation assessment or examination; and (f) require that an employee who is required to undergo a rehabilitation assessment or examination be given a notice of the employee’s rights relating to the rehabilitation assessment or examination. > Note 1: For the purposes of paragraph (a), an employee’s treating medical practitioner may be nominated to conduct a rehabilitation assessment or examination of the employee. > Note 2: For the purposes of paragraphs (d) and (e), if a relevant authority requires an employee to undergo an examination under subsection 57(1), the examination must be conducted by one legally qualified medical practitioner nominated by the relevant authority. (4) The Guide may provide for any other relevant matter. (5) Comcare may, in consultation with the Commission, prepare a written document varying or revoking the approved Guide. (6) A Guide prepared under subsection (1), and a document prepared under subsection (5), must be approved by the Minister. (7) A Guide prepared under subsection (1) is a legislative instrument made by the Minister on the day on which the Guide is approved by the Minister. (8) A document prepared under subsection (5) is a legislative instrument made by the Minister on the day on which the document is approved by the Minister.