Document ID: chunk:federal_register_of_legislation:F2019L01031:front:0:p2
Version: federal_register_of_legislation:F2019L01031
Segment Type: other
Provision Reference: 
Character Range: 3052–6428

ensure that officer or person:
         (a)    has the appropriate skills and capabilities to exercise those powers or perform those functions; and
         (b)    is supported with appropriate resources and training for the exercise or performance of those powers and functions.
       (2) The rehabilitation authority must monitor the exercise or performance of the powers and functions which it has delegated.

  8        Rehabilitation assessment
       (1) If the employee has made a written request under subsection 36(1) of the Act, the rehabilitation authority must arrange a rehabilitation assessment and subsections 8(2) and 8(3) of this section will not apply.
       (2) A rehabilitation authority may issue a determination under subsection 37(1) of the Act without undertaking an assessment of an employee's capability to undertake a rehabilitation program under section 36 of the Act.
       (3) Without limiting the generality of subsection 8(2), an assessment under section 36 of the Act may not be necessary if the rehabilitation authority has advice, information or recommendations on the employee's capability to undertake a rehabilitation program from:
         (a)    the employee's medical practitioner or other health professional;
         (b)    a workplace rehabilitation provider or a person (not including a partnership or company) with the equivalent qualifications, knowledge and experience of a workplace rehabilitation provider;
         (c)    the relevant employer; or
         (d)    the employee.
       (4) If the rehabilitation authority receives a written rehabilitation assessment under section 36 of the Act, it must provide a copy of that written rehabilitation assessment to:
         (a)    the employee; or
         (b)    the employee's medical practitioner and/or other health professional, where the employee's medical condition necessitates the rehabilitation assessment first being released to that person; and
         (c)    the relevant authority.
       (5) The rehabilitation authority must advise the employee of the findings and the anticipated next steps following the rehabilitation assessment, including if a rehabilitation program will be provided under section 37 of the Act.
       (6) In undertaking the actions required by subsections 8(4) and (5), the rehabilitation authority must consider:
         (a)    the employee's injury and circumstances; and
         (b)    the employee's communication needs.
    Note: Nothing in this section limits the requirements of subsections 38(1) and 61(1) of the Act.

  9        Rehabilitation program
       (1) If making a determination under subsection 37(1) of the Act, the rehabilitation authority must have regard to all matters in subsection 37(3) of the Act.
       (2) The rehabilitation authority must refer to the relevant matters to which it had regard in the determination.
       (3) The rehabilitation authority must consult the employee regarding the proposed rehabilitation program.
       (4) In undertaking the consultation required by subsection 9(3), the rehabilitation authority must consider:
         (a)    the employee's injury and circumstances; and
         (b)    the employee's communication needs.

    Providing a rehabilitation program
       (5) The rehabilitation program must include:
         (a)    details of the rehabilitation case