Victorian Current Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 103

    (1)     An employer must, to the extent that it is reasonable to do so, provide to a worker until the expiration of the employment obligation period—

        (a)     suitable employment, while the worker has a current work capacity; and

        (b)     pre-injury employment, while the worker no longer has an incapacity for work.

Penalty:     In the case of a natural person, 180 penalty units;

In the case of a body corporate, 900 penalty units.

    (2)     For the purposes of this section, the employment obligation period includes any period specified in subsection (3)(a), (b), (c) or (d) if the employer provides suitable employment to the worker during that period.

    (3)     For the purposes of this section, except as provided in subsection (2), the employment obligation period does not include—

        (a)     the period commencing on the date of a decision made by the Authority or self‑insurer to reject the worker's claim for weekly payments and ending on the date on which—

S. 103(3)(a)(i) amended by No. 73/2016 s. 21(2).

              (i)     ACCS gives a direction that weekly payments are to be paid in relation to the claim; or

S. 103(3)(a)(ii) amended by No. 73/2016 s. 21(2).

              (ii)     ACCS makes a recommendation that weekly payments are to be paid in relation to the claim and the recommendation is accepted by the employer or the Authority or self‑insurer; or

              (iii)     the claim is determined by a court in favour of the worker; or

        (b)     the period commencing on the date the Authority sets aside a decision to accept a claim for compensation against an employer under section 84(1)(b) and ending on a date specified in paragraph (a)(i), (ii) or (iii) of this subsection; or

S. 103(3)(c) amended by No. 73/2016 s. 21(2).

        (c)     the period commencing on the date a direction given by ACCS that weekly payments are to be made is revoked and ending on the date that the payment of weekly payments is resumed; or

        (d)     any period during which a Return to Work improvement notice issued to the employer is stayed by the Authority under section 150 or by VCAT on an application made under section 151.