Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_38
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 38
Character Range: 283538–285832

38  Rehabilitation

Scope of this section
 (1) This section applies if:
 (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and
 (b) the claim is made against:
 (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or
 (ii) the Commonwealth.
Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).

Requirement to undertake rehabilitation program
 (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).
Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).
 (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee's right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.

Support for rehabilitation
 (4) Subsection (5) applies if:
 (a) the claim for compensation is made against the employee's current employer; and
 (b) the current employer is not taking reasonable steps to:
 (i) accommodate the injury or condition of the claimant to which the claim relates; and
 (ii) support the claimant's rehabilitation from that injury or condition.
 (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.