Document ID: chunk:federal_register_of_legislation:F2024L01164:clause:1_5
Version: federal_register_of_legislation:F2024L01164
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 16292–18662

5  Notice requirements
 (1) As soon as practicable after a rehabilitation authority makes a determination requiring the employee to undergo a rehabilitation examination by an assessor or panel, the rehabilitation authority must give the employee a notice of the employee's rights and obligations relating to the examination.
Note 1: The requirements for notifying determinations under section 36 are contained in section 38 (for a rehabilitation authority other than a relevant authority) or section 61 (for a rehabilitation authority that is a relevant authority) of the SRC Act.
                1.      Section 38 relevantly provides that the notice shall be in writing and set out: the terms of the determination; the reasons for the determination; and a statement to the effect that the employee may, if dissatisfied with the determination, request Comcare for a review of the determination under section 38.
                2.      Section 61 relevantly provides that the notice shall be in writing and set out: the terms of the determination; the reasons for the determination; and a statement to the effect that the employee may, if dissatisfied with the determination, request a reconsideration of the determination under subsection 62(2).
Note 2: The employee has rights and obligations under section 36 and either section 38 or 62 of the SRC Act.
 (2) The notice required by subsection (1) must also include the rehabilitation authority's reasons for:
 (a) accepting or not accepting, whether in whole or part, the views of the employee (if any) provided by the employee in accordance with subsection 3(2); and
 (b) relying on or not relying on, whether in whole or part, the employee's treating practitioner and the information (if any) provided by the treating practitioner in accordance with subsection 2(2).
 (3) If the rehabilitation authority makes a determination requiring the employee to undergo a rehabilitation examination by a medical practitioner, or a panel comprising one or more medical practitioners, the notice required by subsection (1) must be given to the employee:
 (a) at least 14 days before the date of the rehabilitation examination; or
 (b) if the employee has agreed to a notice period of less than 14 days—a period before the date of the rehabilitation examination being not less than the notice period agreed to by the employee.