Document ID: chunk:federal_register_of_legislation:F2019L01031:front:0:p3
Version: federal_register_of_legislation:F2019L01031
Segment Type: other
Provision Reference: 
Character Range: 6071–9460

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 manager, and where applicable, the details of the supervisor and the workplace rehabilitation provider;
         (b)    the review dates; and
         (c)    if applicable, the reasonable steps being undertaken by the relevant employer to provide to the employee, or to assist the employee to find, suitable employment under section 40 of the Act.
       (6) The rehabilitation authority must provide a copy of the written rehabilitation program and determination under subsection 37(1) of the Act to the:
         (a)    employee; or
         (b)    employee's medical practitioner and/or health professional, where the employee's medical condition necessitates the rehabilitation program first being released to that person; and
         (c)    the relevant authority.

            Monitoring progress
       (7) The rehabilitation authority must monitor the employee's:
         (a)    rehabilitation program where a rehabilitation program has been provided; or
         (b)    the employee's capability to undertake a rehabilitation program where a rehabilitation program has not been provided.
       (8) Monitoring for the purposes of subsection 9(8) includes seeking information on the employee's work capacity, injury and the availability of suitable employment.
       (9) Without limiting the circumstances, the rehabilitation authority may consider providing or altering a rehabilitation program if there are changes in:
         (a)    the employee's work capacity, injury or circumstances; or
         (b)    the availability of suitable employment.
       (10) The rehabilitation authority must notify the relevant authority of the outcome at the end of the rehabilitation program.
     Note: Nothing in this section limits the requirements of subsections 38(1) and 61(1) of the Act.

  10    Use of workplace rehabilitation providers
       (1) If using a workplace rehabilitation provider, the rehabilitation authority must:
         (a)    effectively monitor the performance of the workplace rehabilitation provider; and
         (b)    inform Comcare of any concerns regarding the service delivery of the workplace rehabilitation provider.

  11    Employee non-compliance
       (1) If the rehabilitation authority requires an employee to undergo an examination under subsection 36(3) of the Act or undertake a rehabilitation program under subsection 37(1) of the Act, the rehabilitation authority must notify the employee in writing that the employee's right to compensation under the Act (other than compensation for the cost of medical treatment payable under section 16 of the Act), and to institute or continue any proceedings under the Act in relation to compensation, may be suspended if the employee:
         (a)    refuses or fails without reasonable excuse to undergo, or in any way obstructs, an examination under subsection 36(3) of the Act; or
         (b)    refuses or fails, without reasonable excuse to undertake a rehabilitation program under section 37 of the Act.
       (2) If the employee