37Provision of rehabilitation programs

#### 37 Provision of rehabilitation programs (1) A rehabilitation authority may make a determination that an employee who has suffered an injury resulting in an incapacity for work or an impairment should undertake a rehabilitation program. (1A) If: (a) an employee has made a claim under Part V in relation to an injury to the employee; and (b) the relevant authority has not determined the claim; and (c) the person is included in a class of persons determined in an instrument under subsection (1B); and (d) the MRCC has determined, in writing, that this section applies to the person; a rehabilitation authority may make a determination that the employee should undertake a rehabilitation program. (1B) The MRCC may, by legislative instrument, determine a class of persons for the purposes of paragraph (1A)(c). (2) If a rehabilitation authority makes a determination under subsection (1) or (1A), the authority may: (a) provide a rehabilitation program for the employee itself; or (b) make arrangements with an approved program provider for that provider to provide a rehabilitation program for the employee. > Note: A rehabilitation program that is being provided to a person under this section might cease if the person is also provided with rehabilitation under the MRCA (see section 18 of the CTPA). (2A) A determination made by a rehabilitation authority under subsection (1) or (1A) is not a legislative instrument. (2B) A determination made by the MRCC under paragraph (1A)(d) is not a legislative instrument. (3) In making a determination under subsection (1) or (1A), a rehabilitation authority shall have regard to: (a) any written assessment given under subsection 36(8); (b) any reduction in the future liability to pay compensation if the program is undertaken; (c) the cost of the program; (d) any improvement in the employee’s opportunity to be employed after completing the program; (e) the likely psychological effect on the employee of not providing the program; (f) the employee’s attitude to the program; (g) the relative merits of any alternative and appropriate rehabilitation program; and (h) any other relevant matter. (4) The cost of any rehabilitation program provided for an employee under this section shall be paid by the relevant authority in relation to that employee. (5) Where an employee is undertaking a rehabilitation program under this section, compensation is not payable to the employee under section 19 or 31 but: (a) if the employee is undertaking a full‑time program—compensation is payable to the person of an amount per week equal to the amount per week of the compensation that would, but for this subsection, have been payable under section 19 if the incapacity referred to in that section had continued throughout the period of the program; or (b) if the employee is undertaking a part‑time program—compensation is payable to the employee of such amount per week as the relevant authority determines, being an amount not less than the amount per week of the compensation that, but for this subsection, would have been payable to the employee under this Act and not greater than the amount per week of the compensation that would have been payable under paragraph (a) if the employee had been undertaking a full‑time program. > Note: Subsection (9) provides that subsections (5) to (8) do not apply to an employee if a determination is made under subsection (1A) in relation to the employee. (7) Where an employee refuses or fails, without reasonable excuse, to undertake a rehabilitation program provided for the employee under this section, the employee’s rights to compensation under this Act, and to institute or continue any proceedings under this Act in relation to compensation, are suspended until the employee begins to undertake the program. (7A) However, subsection (7) does not operate to suspend the employee’s right to compensation for the cost of medical treatment that is payable under section 16. (8) Where an employee’s right to compensation is suspended under subsection (7), compensation is not payable in respect of the period of the suspension. (9) If a rehabilitation authority makes a determination under subsection (1A) in relation to an employee, subsections (5) to (8) do not apply to the employee in connection with that determination.