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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3504 ..


10ZE Workplace rehabilitation (NSW WIMWCA s 52)

(1) An employer (other than a non-business employer) must establish a return-to-work program in relation to policies and procedures for the rehabilitation (including, if necessary, vocational rehabilitation) of injured workers of the employer.

Maximum penalty: 10 penalty units.

(2) An employer's return-to-work program must not be inconsistent with the injury management program of the employer's insurer and is of no effect to the extent of any inconsistency.

(3) A return-to-work program must-

(a) be established in accordance with guidelines (if any) issued by the Minister under section 10ZF; and

(b) be developed by the employer in consultation with the workers to whom it relates, or may relate, any industrial union of workers representing the workers and an approved rehabilitation provider; and

(c) be in writing displayed or notified at places of work of the workers to whom it relates or may relate.

(4) A group of 2 or more employers may establish a single return-to-work program under this section for each member of the group if the employers are authorised in writing to do so by the Minister.

10ZF Return-to-work guidelines

(1) The Minister may, in writing, issue guidelines for the establishment of return-to-work programs.

(2) Guidelines are a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

(3) In deciding guidelines for this section, the Minister may consult with the entities the Minister considers appropriate.

Part 5.6 Compliance with chapter 5

10ZG Obligation of Minister

The Minister must monitor compliance by insurers with the requirements of this chapter.

10ZH Compliance by insurers (NSW WIMWCA s 55 (1))

It is a condition of an insurer's approval that the insurer must comply with the requirements of this chapter.

10ZI Compliance by workers (NSW WIMWCA s 57)

(1) A worker is not entitled to weekly compensation for a period when the worker unreasonably-

(a) contravenes a requirement under this chapter (including under the worker's personal injury plan) after being asked in writing by the insurer to comply with the requirement; or


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