NSWIn ForceAct
Workplace Injury Management and Workers Compensation Act 1998
52Workplace rehabilitation
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#### 52 Workplace rehabilitation
52 Workplace rehabilitation
(cf 1987 s 152)
> > (1) An employer must establish a return-to-work program with respect to policies and procedures for the rehabilitation (and, if necessary, vocational re-education) of any injured workers of the employer. An employer’s return-to-work program must not be inconsistent with the injury management program of the employer’s insurer and is of no effect to the extent of any such inconsistency.
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> > (2) A return-to-work program is to be established in accordance with the regulations and must, subject to the regulations—
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> > > (a) comply with any guidelines determined by the Authority, and
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> > > (b) be developed by the employer in consultation with the workers concerned and any industrial union of employees representing those workers, and
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> > > (c) be in writing, and
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> > > (d) be displayed at places of work, or notified to workers by publishing it on a website or by any other method authorised by the regulations.
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> > (3) The Authority may, in determining guidelines for the purposes of this section, consult with such persons and bodies as the Authority considers to be appropriate.
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> > (4) The regulations—
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> > > (a) may require a return-to-work program to be approved by the Authority or other person or body, and
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> > > (b) may exempt specified classes of employers from this section, and
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> > > (c) may provide for the approval of providers of rehabilitation services for the purposes of return-to-work programs and may require employers to use the services of approved providers in connection with the program, and
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> > > (d) may create offences with respect to any failure to comply with this section or with a return-to-work program, and
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> > > (e) may make other provisions that are necessary or convenient for the purposes of giving effect to this section.
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> > (5) A group of 2 or more employers may establish a single return-to-work program under this section for each member of the group if the employers are authorised to do so by the regulations.
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> **s 52:** Am 2010 No 101, Sch 2 \[2\]; 2018 No 62, Sch 7.3 \[1\].