Document ID: chunk:federal_register_of_legislation:C2025C00116:section:50:p1
Version: federal_register_of_legislation:C2025C00116
Segment Type: section
Provision Reference: s 50 (pt 1/2)
Character Range: 105205–107994

50  Provision of rehabilitation programs
 (1) If an employee of an employer is assessed under section 49 as capable of undertaking a rehabilitation program, the employer must, after consulting the employee in relation to:
 (a) the selection of an approved program provider; and
 (b) the development of an appropriate rehabilitation program by an approved program provider;
make arrangements with an approved program provider for the provision of an appropriate rehabilitation program.
 (2) The cost of any rehabilitation program provided for an employee under this section must be paid by the employer.
 (2A) Subject to subsection (2D), the employer is liable to pay to the employee an amount of compensation in respect of expenditure reasonably incurred by the employee in doing either or both of the following:
 (a) making a journey, necessary for the purpose of undertaking the rehabilitation program, from the place in Australia where the employee is residing to the place where the program is to be undertaken;
 (b) remaining, for the purpose of undertaking the program, at a place to which the employee has made a journey for that purpose.
 (2B) The amount of compensation that the employer is liable to pay in respect of the journey is:
 (a) in relation to a journey by means of public transport or ambulance services—an amount equal to the expenditure reasonably incurred in undertaking that journey; or
 (b) in relation to a journey by means of private motor vehicle—an amount worked out using the formula:

where:
Specified rate per kilometre means such rate per kilometre as the Minister specifies, by legislative instrument, under this paragraph in respect of journeys to which this paragraph applies.
Number of kilometres travelled means the number of whole kilometres that the employer determines to have been the reasonable length of such a journey (including the return part of the journey).
 (2BA) If the place where the employee is residing is not the place where the employee normally resides, the amount payable in respect of the journey is not to exceed the amount that would be payable if the journey were made from the place where the employee normally resides.
 (2C) The amount of compensation that the employer is liable to pay in respect of the employee remaining at a place for the purpose of undertaking the rehabilitation program is an amount equal to the expenditure so reasonably incurred in remaining for that purpose.
 (2D) Compensation is not payable under subsection (2A) unless:
 (a) in relation to a journey to which paragraph (2B)(a) applies—the employee's injury reasonably required the use of public transport or ambulance services (as the case may be) regardless of the distance involved; or
 (b) in relation to a journey to which paragraph (2B)(b)