50Provision of rehabilitation programs

#### 50 Provision of rehabilitation programs (1) If an employee of an employer is assessed under section 49 as capable of undertaking a rehabilitation program, the employer must, after consulting the employee in relation to: (a) the selection of an approved program provider; and (b) the development of an appropriate rehabilitation program by an approved program provider; make arrangements with an approved program provider for the provision of an appropriate rehabilitation program. (2) The cost of any rehabilitation program provided for an employee under this section must be paid by the employer. (2A) Subject to subsection (2D), the employer is liable to pay to the employee an amount of compensation in respect of expenditure reasonably incurred by the employee in doing either or both of the following: (a) making a journey, necessary for the purpose of undertaking the rehabilitation program, from the place in Australia where the employee is residing to the place where the program is to be undertaken; (b) remaining, for the purpose of undertaking the program, at a place to which the employee has made a journey for that purpose. (2B) The amount of compensation that the employer is liable to pay in respect of the journey is: (a) in relation to a journey by means of public transport or ambulance services—an amount equal to the expenditure reasonably incurred in undertaking that journey; or (b) in relation to a journey by means of private motor vehicle—an amount worked out using the formula:  where: > Specified rate per kilometre means such rate per kilometre as the Minister specifies, by legislative instrument, under this paragraph in respect of journeys to which this paragraph applies. > Number of kilometres travelled means the number of whole kilometres that the employer determines to have been the reasonable length of such a journey (including the return part of the journey). (2BA) If the place where the employee is residing is not the place where the employee normally resides, the amount payable in respect of the journey is not to exceed the amount that would be payable if the journey were made from the place where the employee normally resides. (2C) The amount of compensation that the employer is liable to pay in respect of the employee remaining at a place for the purpose of undertaking the rehabilitation program is an amount equal to the expenditure so reasonably incurred in remaining for that purpose. (2D) Compensation is not payable under subsection (2A) unless: (a) in relation to a journey to which paragraph (2B)(a) applies—the employee’s injury reasonably required the use of public transport or ambulance services (as the case may be) regardless of the distance involved; or (b) in relation to a journey to which paragraph (2B)(b) applies—the reasonable length of such a journey exceeded 50 kilometres. (2E) In deciding questions arising under subsections (2A), (2B), (2BA), (2C) and (2D), the employer must have regard to the following matters: (a) the means of transport available to the employee for the journey; (b) the route or routes by which the employee could have travelled; (c) the accommodation available to the employee. (3) If an employee is undertaking a rehabilitation program under this section, compensation is not payable to the employee under section 31, 33, 34, 35, 36 or 45 but: (a) if the employee is undertaking a full‑time program—compensation is payable to the employee 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 31, 33, 34, 35, 36 or 45 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 employer determines, being an amount not less than the amount per week of the compensation that, apart from 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. (5) If an employee, without reasonable excuse, does not 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 starts to undertake the program. (6) If an employee’s right to compensation is suspended under subsection (5), compensation is not payable in respect of the period of the suspension.