Northern Territory Consolidated Acts

RETURN TO WORK ACT 1986 - SECT 75A

    (1)     An employer who is liable under this Part to compensate an injured worker must do the following:

        (a)     take reasonable steps to ensure that suitable employment is provided to the worker in accordance with the worker's medical certificate of capacity;

        (b)     take reasonable steps to ensure that efforts to retrain the worker are undertaken if required to enable the worker to engage in the suitable employment;

        (c)     give a proposal in writing for a return to work plan to the worker within 7 days after the employer becomes aware that the worker's total or partial incapacity is likely to exceed 28 days.

    (2)     An employer commits an offence if:

        (a)     the employer intentionally engages in conduct; and

        (b)     the conduct results in the contravention of subsection (1)(a) or (b).

Maximum penalty:     200 penalty units

    (3)     Strict liability applies to subsection (2)(b).

    (4)     An employer who contravenes subsection (1)(c) commits an offence.

Maximum penalty:     100 penalty units

    (5)     An offence against subsection (4) is an offence of strict liability.

    (6)     For subsection (1)(a):

        (a)     employment is suitable for a worker if it requires the worker to perform work for which the worker is fit as specified in the worker's medical certificate of capacity, taking the following matters into account:

            (i)     the worker's age;

            (ii)     the worker's experience, training and other skills;

            (iii)     the worker's potential for rehabilitation training;

            (iv)     the worker's language skills;

            (v)     the impairments suffered by the worker; and

        (b)     the provision of suitable employment includes the referral of the worker to the alternative employer incentive scheme developed by the Authority if the employer does not have other suitable employment available.

    (6A)     To avoid doubt, the giving of a proposal for a return to work plan under subsection (1)(c) is not providing a program of a type mentioned in section 75B(1A).

Note for subsection (6A)

An employer may elect to use an accredited vocational rehabilitation provider to prepare a proposal for a return to work plan, but it is not necessary if the employer does not wish to do so.

    (7)     If the worker is working with another employer under the alternative employer incentive scheme, the worker's employer is liable to compensate the worker for any aggravation, acceleration or exacerbation of the injury that occurs within 1 year after the worker commences employment with the other employer.