Commonwealth Numbered Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 No. 234, 1992 - SECT 49

49.(1) If an employee suffers an injury that lasts, or is expected to last, 28
days, which results in an impairment or an incapacity for work, the employee's
employer must, within 28 days after receiving notice of the injury, arrange
for the assessment of the employee's capability of undertaking a
rehabilitation program.

(2) An assessment must be made by:

   (a)  a legally qualified medical practitioner nominated by the employer; or

   (b)  a suitably qualified person (other than a medical practitioner)
        nominated by the employer; or

   (c)  a panel comprising legally qualified medical practitioners or other
        suitably qualified persons (or both) nominated by the employer.

(3) The employer may require the employee to undergo an examination by the
person or panel of persons making the assessment.

(4) If an employee, without reasonable excuse, does not undergo an examination
in accordance with a requirement, or in any way obstructs such an examination,
the employee's rights to compensation under this Act, and to institute or
continue any proceedings under this Act in relation to compensation, are
suspended until the examination takes place.

(5) If an employee's right to compensation is suspended under subsection (4),
compensation is not payable in respect of the period of the suspension.

(6) The employer must pay the cost of conducting any examination of an
employee and is liable to pay to the employee:

   (a)  an amount equal to the expenditure reasonably incurred by the employee
        in making a necessary journey in connection with the examination; and

   (b)  an amount equal to the expenditure reasonably incurred by the employee
        in remaining (if necessary), for the purpose of the examination, at a
        place to which the employee has made a journey for that purpose.

(7) In deciding questions arising under subsection (6), the employer must have
regard to the following matters:

   (a)  the means of transport available to the employee for the journey;

   (b)  the route or routes by which the employee could have travelled;

   (c)  the accommodation available to the employee.

(8) If an examination is carried out, the person or persons who carried out
the examination must give the employer a written assessment of the employee's
capability of undertaking a rehabilitation program, specifying, where
appropriate, the kind of program which he or she is capable of undertaking and
containing any other information relating to the provision of a rehabilitation
program for the employee that the employer may require.