The rehabilitation standard
Division 3 Standard for rehabilitation
101 Who this division applies to
This division applies to anyone who is required, under chapter 4, parts 3 and 4 of the Act, to provide or manage the rehabilitation of workers.
103 Standard for rehabilitation
For section 228 of the Act, the standard of rehabilitation must be in accordance with this division.
104 Doctor’s approval
Approval of a worker’s treating doctor must be obtained and documented for a rehabilitation and return to work plan if the doctor does not give sufficient information in the doctor’s
medical certificate or report on which to base the development of the plan.
105 Worker’s file
A file must be kept for each worker undertaking rehabilitation and must contain copies of all relevant documentation, correspondence and accounts.
106 Rehabilitation and return to work plan
(1) A rehabilitation and return to work plan must be developed for each worker undertaking rehabilitation.
(2) The plan must be consistent with the worker’s needs and with the current medical certificate or report for the worker’s injury.
(3) The plan must be developed in consultation with the insurer, the worker, the worker’s employer, the worker’s treating registered persons and any person engaged by the worker’s
employer to help in the worker’s rehabilitation and return to work.
(4) Any amendment of the plan must comply with subsections (2) and (3).
(5) The plan must contain at least the following matters—
(a) clear and appropriate objectives with ways of achieving the objectives;
(b) details of rehabilitation required to meet the objectives;
(c) the time frames for rehabilitation;
(d) review mechanisms and dates for review;
(e) progress to date;
(f) if it is practicable to provide the worker with suitable duties, a suitable duties program.
106A Suitable duties program
(1) An employer must develop a suitable duties program for a worker undertaking rehabilitation.
(2) The employer must develop the program in consultation with the worker.
(3) The program and any amendments to the program must be consistent with the current medical certificate or report for the worker’s injury.
(4) The program must document what are suitable duties for the worker.
(5) Suitable duties assigned to a worker must be meaningful and have regard to the objective of the worker’s rehabilitation.
(6) The employer must give the insurer a copy of the suitable duties program.
(7) The employer must review a worker’s suitable duties on a regular basis and progressively upgrade the program consistent with the worker’s recovery.
107 Case notes
(1) Accurate and objective case notes must be kept for each worker undertaking rehabilitation.
(2) Case notes must contain details of—
(a) all communications between the worker, the insurer, the worker’s employer, the worker’s treating registered persons, the rehabilitation and return to work coordinator and any person engaged by the employer to help in the worker’s rehabilitation and return to work; and
(b) actions and decisions; and
(c) reasons for actions and decisions.
108 Early worker contact
A worker who sustains an injury and who requires rehabilitation must be contacted about rehabilitation and return to work as soon as practicable after the injury is sustained or is reported.
109 Rehabilitation
(1) Rehabilitation must be goal directed with timely and appropriate service provision having regard to—
(a) the worker’s injury; and
(b) the objectives of the rehabilitation and return to work plan; and
(c) the worker’s rate of recovery.
(2) Strategies used in rehabilitation must be evaluated as the case progresses to monitor their effectiveness.
(3) The worker’s employer must ensure rehabilitation for a worker is coordinated with and understood by line managers, supervisors and coworkers.
(4) A worker must be treated
with appropriate respect and equity.
110 Confidentiality
(1) Information obtained during rehabilitation must be treated with sensitivity and confidentiality by all parties.
(2) If it is necessary to obtain or release information associated with the worker’s rehabilitation, the worker’s authority to obtain or release the information must be obtained.
(3) The worker’s authority is not required for the release of information to the Authority or the insurer.
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