Document ID: chunk:federal_register_of_legislation:C2025C00186:section:37:p1
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 37 (pt 1/2)
Character Range: 130479–133304

37  Provision of rehabilitation programs
 (1) A rehabilitation authority may make a determination that an employee who has suffered an injury resulting in an incapacity for work or an impairment should undertake a rehabilitation program.
 (1A) If:
 (a) an employee has made a claim under Part V in relation to an injury to the employee; and
 (b) the relevant authority has not determined the claim; and
 (c) the person is included in a class of persons determined in an instrument under subsection (1B); and
 (d) the MRCC has determined, in writing, that this section applies to the person;
a rehabilitation authority may make a determination that the employee should undertake a rehabilitation program.
 (1B) The MRCC may, by legislative instrument, determine a class of persons for the purposes of paragraph (1A)(c).
 (2) If a rehabilitation authority makes a determination under subsection (1) or (1A), the authority may:
 (a) provide a rehabilitation program for the employee itself; or
 (b) make arrangements with an approved program provider for that provider to provide a rehabilitation program for the employee.
Note: A rehabilitation program that is being provided to a person under this section might cease if the person is also provided with rehabilitation under the MRCA (see section 18 of the CTPA).
 (2A) A determination made by a rehabilitation authority under subsection (1) or (1A) is not a legislative instrument.
 (2B) A determination made by the MRCC under paragraph (1A)(d) is not a legislative instrument.
 (3) In making a determination under subsection (1) or (1A), a rehabilitation authority shall have regard to:
 (a) any written assessment given under subsection 36(8);
 (b) any reduction in the future liability to pay compensation if the program is undertaken;
 (c) the cost of the program;
 (d) any improvement in the employee's opportunity to be employed after completing the program;
 (e) the likely psychological effect on the employee of not providing the program;
 (f) the employee's attitude to the program;
 (g) the relative merits of any alternative and appropriate rehabilitation program; and
 (h) any other relevant matter.
 (4) The cost of any rehabilitation program provided for an employee under this section shall be paid by the relevant authority in relation to that employee.
 (5) Where an employee is undertaking a rehabilitation program under this section, compensation is not payable to the employee under section 19 or 31 but:
 (a) if the employee is undertaking a full‑time program—compensation is payable to the person of an amount per week equal to the amount per week of the compensation that would, but for this subsection, have been payable under section 19 if the incapacity referred to in that section had continued throughout the period of the program; or
 (b) if the