105Consult about the return to work of a worker

105 Consult about the return to work of a worker

(1) An employer must, to the extent that it is reasonable to do so, consult about the return to work of a worker with—

(a) the worker; and

(b) subject to the consent of the worker, the worker's treating health practitioner; and

(c) a provider of occupational rehabilitation services that provides those services to the worker in accordance with Divisions 6 and 7 of Part 5 of this Act or Divisions 2B or 2C of Part IV of the Accident Compensation Act 1985.

(2) The employer must consult with the persons specified in subsection (1) by—

(a) sharing information about the worker's return to work; and

(b) providing a reasonable opportunity for those persons to consider and express their views about the worker's return to work; and

(c) taking those views into account.

(3) For the purposes of this section, an employer's consultation with a worker about the return to work of the worker must involve the employer consulting directly with the worker.

(4) A worker may be assisted by a representative during a consultation under subsection (3).