Document ID: chunk:federal_register_of_legislation:F2019L01031:front:0:p4
Version: federal_register_of_legislation:F2019L01031
Segment Type: other
Provision Reference: 
Character Range: 9199–12433

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 refuses or fails to undergo an examination or undertake a rehabilitation program, the rehabilitation authority must:
         (a)    request reasons from the employee for the refusal or failure; and
         (b)    consider whether the reasons constitute a reasonable excuse.
       (3) If the rehabilitation authority is satisfied that the employee does not have a reasonable excuse for the refusal or failure, or the employee in any way obstructs an examination, and the refusal, failure or obstruction is such that it prevents or interrupts the provision of effective rehabilitation, the rehabilitation authority must:
         (a)    notify the employee in writing that the employee's rights to compensation, and to institute or continue proceedings under the Act, are suspended until;
              (i)                  if it relates to an examination – the employee attends the next available appointment and cooperates with all requirements of the examination; or
              (ii)               if it relates to a rehabilitation program – the employee commences the specified activity or next steps in the program; and
         (b)    request that the relevant authority take steps to implement any decision to suspend the employee's compensation or proceedings under the Act.
       (4) If the employee complies with the requirement provided under subparagraphs 11(3)(a)(i) and (ii), the rehabilitation authority must immediately:
         (a)    notify the employee in writing that the suspension has been lifted; and
         (b)    request that the relevant authority take steps to recommence the employee's compensation and reinstate any proceedings under the Act.
     Note: Nothing in this section limits the requirements of subsections 38(1) and 61(1) of the Act, or the right of review available under subsection 38(2) or 62(2) of the Act.

  12    Transitional - rehabilitation assessments
       (1) This section applies if before the commencement of this instrument:
         (a)    a rehabilitation authority made a determination under subsection 36(1) of the Act to arrange a rehabilitation assessment; and
         (b)    a rehabilitation assessment (including an examination) had commenced or concluded immediately before the commencement of this instrument.
       (2) The rehabilitation assessment does not lapse because of the repeal of the Guidelines for Rehabilitation Authorities 2012 by Schedule 1 of this instrument, but continues in force after the commencement of this instrument:
         (a)    as if the requirements of subsections 8(4) to (6) of this instrument had been met in relation to a concluded rehabilitation assessment; and
         (b)    any commenced rehabilitation assessment must comply with the requirements of this instrument.

  13    Transitional – rehabilitation programs
       (1) This section applies if before the commencement of this instrument:
         (a)    a rehabilitation authority made a determination