Australian Capital Territory Consolidated Acts

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WORKERS COMPENSATION ACT 1951 - SECT 109

Workplace rehabilitation

    (1)     An employer must establish and maintain a return-to-work program that complies with subsection (3).

Maximum penalty: 10 penalty units.

    (2)     An employer must display or notify a return-to-work program that complies with subsection (3) at each place of work of the workers to whom the program relates or may relate.

Maximum penalty: 10 penalty units.

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

        (a)     provide policies and procedures for the rehabilitation (including, if necessary, vocational rehabilitation) of injured workers of the employer; and

        (b)     be consistent with the injury management program of the employer's insurer; and

        (c)     be established in accordance with any guidelines issued by the Minister under section 110; and

        (d)     be developed in consultation with—

              (i)     the workers to whom it relates, or may relate; and

              (ii)     any industrial union of workers representing the workers; and

              (iii)     an approved rehabilitation provider.

    (4)     To remove any doubt, subsection (3) (d) does not limit the people the employer may consult when developing the return-to-work program.

    (5)     Subsection (1) does not apply if—

        (a)     the employer is part of a group of employers that has jointly established a single return-to-work program for each member of the group; and

        (c)     the employers are authorised in writing to do this by the Minister; and

        (b)     the return-to-work program complies with subsection (3).

    (6)     This section does not apply to a non-business employer.

    (7)     An offence against this section is a strict liability offence.



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