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.