Document ID: chunk:federal_register_of_legislation:F2024L01164:clause:1_3
Version: federal_register_of_legislation:F2024L01164
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 13010–15668

3  Requiring rehabilitation examinations
 (1) The circumstances in which it is appropriate for the rehabilitation authority to require the employee to undergo a rehabilitation examination are where:
 (a) the rehabilitation authority has complied with subsections 2(1) and 2(2); and
 (b) in the opinion of the rehabilitation authority, there is still insufficient or inconsistent information regarding the matters specified in subsection 2(1), to the extent the matters are relevant to the employee's rehabilitation, such that an examination of the employee is required; and
 (c) it is consistent with any obligation or function of the rehabilitation authority to require the employee to undergo an examination, re-examination or periodic monitoring of the employee's capability of undertaking a rehabilitation program.

Views to be sought from employee
 (2) Before the rehabilitation authority requires the employee to undergo a rehabilitation examination, the rehabilitation authority must:
 (a) request, verbally or in writing, the views of the employee, including the reasons for those views, about the matters specified in subsection (3); and
 (b) specify that the employee's views must be provided to the rehabilitation authority by a date being not less than 3 business days after the date of the request.
 (3) The following matters are specified for the purposes of subsection (2):
 (a) the selection of the assessor or panel who is to conduct the rehabilitation examination; and
 (b) whether the employee requires a support person; and
 (c) any other relevant matter that should be considered by the rehabilitation authority before it requires the employee to undergo the rehabilitation examination.
Example: For the purposes of paragraph (3)(c), any other matter might include the employee's medical restrictions, geographical location and gender, and any language or communication barriers.
 (4) The rehabilitation authority:
 (a) must take into account the views of the employee (if any) provided by the employee in accordance with subsection (2); and
 (b) should rely on the employee's treating practitioner and the information (if any) provided by the treating practitioner in accordance with subsection 2(2) as much as possible before requiring the employee to undergo a rehabilitation examination by an independent medical practitioner, other qualified person or panel.

Support person
 (5) Before the rehabilitation authority requires the employee to undergo a rehabilitation examination, the rehabilitation authority must advise the employee that they may have a support person accompany the employee during part or all of the examination.