Australian Capital Territory Numbered Acts

Insertion

5. After Part II of the Principal Act the following Part is inserted:

“15A. In this Part—
‘occupational rehabilitation', in relation to an injured worker, means—

(a) the assessment of the needs of the worker for the purposes of paragraph (b); and

(b) the provision of appropriate, adequate and timely services for the worker aimed at maintaining the worker in suitable employment or returning him or her to suitable employment.
‘protocol' means a protocol approved under section 15F.

“15B. For the purposes of paragraph (b) of the definition of ‘occupational rehabilitation' in section 15A, services shall be taken to be appropriate, adequate and timely if they are in accordance with any relevant protocol.

“15C. (1) Where a worker claims compensation for an injury, the employer shall provide the worker with occupational rehabilitation at the employer's expense unless the employer is of the opinion, based on reasonable grounds, that the worker is not entitled to compensation.

Penalty: $5,000.

“(2) The provision of occupational rehabilitation to a worker shall not be taken to be an admission of liability in relation to the worker's claim for compensation.

“15D. (1) An employer shall, in accordance with subsection (4) and any relevant protocol—

(a) develop an occupational rehabilitation policy for his or her employees; and

(b) from time to time, review that policy.

“(2) An employer shall comply with paragraph (1) (a) as soon as practicable and, in any event, within 3 months after the commencement of this section.

Penalty: $1,000.

“(3) As soon as practicable after developing or reviewing an occupational rehabilitation policy an employer shall display a copy of the policy in a conspicuous place so that it may be conveniently read by each worker employed by the employer.

Penalty: $500.

“(4) For the purpose of developing or reviewing an occupational rehabilitation policy under subsection (1), the employer shall consult—

(a) any health and safety committee established in respect of the employer's employees; or

(b) if no such committee exists in respect of the employer's employees—those employees or any relevant union.

“(5) In subsection (4)—
‘health and safety committee' means a health and safety committee established under regulations under the Occupational Health and Safety Act 1989 ;
‘relevant union', in relation to an employee of an employer, means a registered union of which the employee is a member, being an employee who is qualified to be such a member by virtue of the work that the employee performs as an employee of the employer.

“15E. (1) An employer shall—

(a) appoint a person to be a rehabilitation coordinator for his or her employees; and

(b) ensure, as far as practicable, that there is always an appointed rehabilitation coordinator for his or her employees.

“(2) An employer shall display a notice containing the name of any person appointed as rehabilitation coordinator and stating that he or she is the rehabilitation coordinator in a conspicuous place so that it may be conveniently read by each worker employed by the employer.

Penalty for contravention of subsection (2): $500.

“15F. (1) The Minister may, after consultation with representatives of employers, unions and insurers, by instrument, approve a protocol or an amendment of a protocol relating to occupational rehabilitation.

“(2) A protocol may make provision in respect of the following matters:

(a) the requirements for an occupational rehabilitation policy;

(b) when occupational rehabilitation is appropriate, adequate and timely;

(c) the settlement of disputes;

(d) the fulfilment of parties' responsibilities under this Part;

(e) any other matter that is necessary or convenient to be so dealt with for the carrying out of or giving effect to this Part.

“15G. An instrument under section 15F is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .

“15H. (1) The Minister shall cause to be published in a newspaper published and circulating in the Territory, as soon as practicable after making an instrument under section 15F, notice of that approval—

(a) specifying a place or places at which copies of the protocol to which the approval relates may be purchased; and

(b) specifying a place or places at which a copy of the protocol may, at any reasonable time, be inspected.

“(2) The Minister shall ensure that—

(a) copies of the protocol to which an approval under section 15F relates are made available for purchase at each place specified for that purpose in the relevant notice under subsection (1); and

(b) a copy of that protocol is, at any reasonable time, available for inspection at each place specified for that purpose in the relevant notice under subsection (1).”.

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