South Australian Numbered Regulations South Australian Numbered Regulations15—Standards and requirements—recovery/return to work plan (section 25 of Act)
For the purposes of section 25(6) of the Act, a recovery/return to work plan must comply with the following standards and requirements:
(a) it must be in writing;
(b) it must specify the following details:
(i) the worker's full name;
(ii) the worker's date of birth;
(iii) the claim number;
(iv) the employer's name;
(v) the nature of the injury;
(vi) the date that the injury was suffered;
(c) it must be as simple and flexible as possible;
(d) it must promote communication and co-operation between the parties;
(e) it must be appropriate to the circumstances of the worker;
(f) it must have specific objectives including at least 1 of the following:
(i) the worker's return to the pre-injury employment with the pre-injury employer;
(ii) the worker's return to different employment with the pre-injury employer;
(iii) the worker's return to the pre-injury employment but with a different employer;
(iv) the worker's return to different employment with a different employer;
(v) the worker's return to independence within the community;
(g) it must contain other provisions consistent with the objects of the Act including provisions promoting—
(i) early intervention; and
(ii) recovery and return to work services; and
(iii) the provision of suitable employment for which the worker is fit;
(h) it must contain the following statements:
(A)—Important Notice to Employers
• Failure to co-operate with the implementation of a recovery/return to work plan or to provide suitable employment for an injured worker may be considered as appropriate grounds to impose a supplementary payment (see section 147 of the Return to Work Act 2014
);
• An application for a review of a provision of a recovery/return to work plan on the ground that the provision is unreasonable does not suspend obligations imposed by the recovery/return to work plan until a review authority makes a decision to modify the plan, if at all.
(B)—Important Notice to Injured Workers
• A failure to comply with an obligation under a recovery/return to work plan may lead to the discontinuance of weekly payments (see section 48(3)(d)(ii) of the Return to Work Act 2014
);
• An application for a review of a provision of a recovery/return to work plan may be made but it does not suspend obligations imposed by the plan pending a determination of the review;
• A refusal or failure to undertake work that has been offered and that the worker is capable of performing, or to take reasonable steps to find or obtain suitable employment, may lead to the discontinuance of payments (see section 48 of the Return to Work Act 2014
). This may also occur if a worker obtains suitable employment and then unreasonably discontinues the employment.