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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3501 ..


Note  If the injured worker does not take part and cooperate in the establishment of the worker's personal injury plan, the worker's weekly compensation may be stopped while time for payment of weekly compensation continues to run against the worker (see s 10ZI).

(2) The injured worker must comply with obligations imposed on the worker under the worker's personal injury plan, including any obligation to receive medical or surgical treatment or take part in rehabilitation or retraining.

10X Nomination of doctor for personal injury plan

(1) The worker must nominate a doctor, or medical practice, as the worker's treating doctor for the worker's personal injury plan.

(2) The worker may only nominate a doctor, or medical practice, that is prepared to take part in the development of, and in the arrangements under, the worker's personal injury plan.

(3) The nomination of a medical practice as treating doctor for the worker's personal injury plan is the nomination of the members of the practice who treat the worker from time to time.

(4) The worker must authorise the worker's nominated treating doctor to provide relevant information to the insurer or the employer for the worker's personal injury plan.

(5) The worker's personal injury plan must provide a way for the worker to change the worker's nominated treating doctor.

10Y Subsequent medical certificates under personal injury plan

A medical certificate required under a personal injury plan in relation to a claim for ongoing compensation under this Act must be from a doctor.

Part 5.5 Other obligations

10Z Injured worker's obligation to return to work

(NSW WIMWCA s 48)

The injured worker must make all reasonable efforts to return to work with the worker's pre-incapacity employer (that is, the employer liable to pay compensation to the worker) as soon as possible, considering the nature of the injury.

10ZA Employer must provide suitable work for full-time, part-time and casual workers (NSW WIMWCA s 49)

(1) This section applies to a full-time, part-time or casual worker who has been totally or partially incapacitated for work because of an injury if the worker can return to work, whether on a full-time or part-time basis and whether or not to the worker's previous employment.

(2) The employer liable to pay compensation to the worker under this Act in relation to the injury must provide suitable employment for the worker if asked by the worker within 6 months after the day the worker became entitled to weekly compensation under this Act.

Maximum penalty: 10 penalty units.


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