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Contents (2011 - 37)
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Workers Compensation Regulation 2010
Repealed version for 30 June 2016 to 31 August 2016 (accessed 20 September 2017 at 08:27)
Part 6
Part 6 Return-to-work programs
15   Time within which program to be established
(1)  A return-to-work program required to be established by a category 1 employer must be established before the expiration of the period of 12 months after the employer becomes a category 1 employer.
(2)  A return-to-work program required to be established by a category 2 employer must be established before the expiration of the period of 12 months after the employer becomes a category 2 employer.
(3)  The Authority may, in a particular case, extend the period during which a return-to-work program is required to be established.
Note.
 Section 52 (2) (b) of the 1998 Act requires a return-to-work program to be developed by an employer in consultation with workers of the employer and any industrial union of employees representing those workers.
16   Offence—failure to establish program
An employer who fails to establish a return-to-work program under section 52 of the 1998 Act within the period required by this Regulation is guilty of an offence.
Maximum penalty:
(a)  in the case of a category 2 employer, 5 penalty units,
(b)  in the case of a category 1 employer, 20 penalty units.
17   Standard return-to-work programs for category 2 employers
(1)  The Authority may prepare (in accordance with the return-to-work guidelines) standard return-to-work programs for category 2 employers generally or for different kinds of category 2 employers.
(2)  A category 2 employer who does not establish a separate return-to-work program in accordance with the 1998 Act may establish a return-to-work program by adopting a relevant standard return-to-work program prepared under this clause.
(3)  The Authority may include in a compensation claim approved form under section 65 (1) (b) of the 1998 Act a copy of any standard return-to-work program prepared under this clause.
18   Program to comply with return-to-work guidelines etc
(1)  An employer is not to be regarded as having established a return-to-work program unless the program complies with the return-to-work guidelines and any directions under or requirements of this Regulation.
(2)  A category 2 employer who adopts a relevant standard return-to-work program under clause 17 is to be regarded as having duly established a return-to-work program.
19   Return-to-work guidelines for programs—directions
(1)  The Authority may give an employer directions in writing in connection with any return-to-work program established, or to be established, by the employer to ensure that the program complies with the return-to-work guidelines.
(2)  The Authority is to review a direction given by it under this clause if the employer concerned requests a review but need not review any particular direction more than once.
20   Nomination in programs of approved providers of workplace rehabilitation services
(1)  A return-to-work program must, if the return-to-work guidelines so require, nominate an approved provider of workplace rehabilitation services (or a list of such approved providers) for the purposes of the program.
(2)  Consultation on the nomination of an approved provider of workplace rehabilitation services is to be carried out in such circumstances and in such manner as the return-to-work guidelines may provide.
21   Offence—failure to display or notify program
An employer who fails to display or notify a return-to-work program in accordance with section 52 (2) (c) of the 1998 Act at the places of work under the employer’s control is guilty of an offence.
Maximum penalty:
(a)  in the case of a category 2 employer, 2 penalty units,
(b)  in the case of a category 1 employer, 10 penalty units.
22   Notification etc of program by category 2 employer
A category 2 employer is not required to display or notify a return-to-work program at the places of work under the employer’s control:
(a)  if the employer provides a copy of the program to any worker who requests a copy or who claims compensation for any injury, or
(b)  if the employer makes other appropriate arrangements to ensure that workers have access to a copy of the program.
23   Category 1 employers must have return-to-work co-ordinator
(1)  A category 1 employer must:
(a)  employ a person to be a return-to-work co-ordinator for injured workers of the employer, being a person who has undergone such training as the return-to-work guidelines may require, or
(b)  engage a person in accordance with such arrangements as the return-to-work guidelines may from time to time permit to be a return-to-work co-ordinator for injured workers of the employer.
Maximum penalty: 20 penalty units.
(2)  The following are examples of the arrangements that the return-to-work guidelines can permit for the purposes of this clause:
(a)  the engagement of a person under an arrangement with a person or organisation that provides return-to-work co-ordinators to employers,
(b)  an arrangement under which a person is engaged on a shared basis by 2 or more employers.
(3)  The return-to-work guidelines can require an employer to obtain the approval of the Authority before entering into an arrangement for the purposes of subclause (1) (b).
(4)  The return-to-work guidelines can impose requirements with respect to the training, qualifications and experience of persons who may be engaged to be return-to-work co-ordinators under subclause (1) (b).
24   Functions of return-to-work co-ordinators
An employer’s return-to-work co-ordinator has such functions as may be specified in the return-to-work guidelines.
25   Shared return-to-work programs
(1)  For the purposes of section 52 (5) of the 1998 Act, a group of 2 or more employers may establish a single return-to-work program for the members of the group if:
(a)  those employers have engaged a person to be a return-to-work co-ordinator for injured workers of those employers on a shared basis, and
(b)  in the opinion of the Authority:
(i)  those employers are engaged in the same business, or
(ii)  those employers operate in the same locality, or
(iii)  those employers satisfy any requirements of the return-to-work guidelines imposed for the purposes of this paragraph, and
(c)  in the opinion of the Authority, those employers have complied with all of the requirements of the return-to-work guidelines with respect to the establishment of a single return-to-work program for groups of employers.
(2)  The return-to-work guidelines can require employers to obtain the approval of the Authority for:
(a)  the establishment of a single return-to-work program for a group of employers, and
(b)  the terms of a single return-to-work program and any revisions or amendments to those terms.
26   Exemptions
The following classes of employers, to the extent indicated, are exempt from the requirement to establish a return-to-work program under section 52 of the 1998 Act and from clause 23:
(a)  employers (including bodies corporate for strata schemes or strata (leasehold) schemes) who employ domestic or similar workers otherwise than for the purposes of the employer’s trade or business (but only to the extent of the workers concerned),
(b)  employers who hold owner-builders permits under the Home Building Act 1989 (but only to the extent of workers employed for the purposes of the work to which the permits relate),
(c)  employers (being corporations) who only employ workers who are directors of the corporation,
(d)  employers who only employ workers who are members of the employer’s family,
(e)  employers who only employ workers who perform work while outside New South Wales,
(f)  employers exempted in writing by the Authority (but only to the extent specified in the exemption).