Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 105

Consult about the return to work of a worker

    (1)     An employer must, to the extent that it is reasonable to do so, consult about the return to work of a worker with—

        (a)     the worker; and

        (b)     subject to the consent of the worker, the worker's treating health practitioner; and

        (c)     a provider of occupational rehabilitation services that provides those services to the worker in accordance with Divisions 6 and 7 of Part 5 of this Act or Divisions 2B or 2C of Part IV of the Accident Compensation Act 1985 .

Penalty:     In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

    (2)     The employer must consult with the persons specified in subsection (1) by—

        (a)     sharing information about the worker's return to work; and

        (b)     providing a reasonable opportunity for those persons to consider and express their views about the worker's return to work; and

        (c)     taking those views into account.

    (3)     For the purposes of this section, an employer's consultation with a worker about the return to work of the worker must involve the employer consulting directly with the worker.

    (4)     A worker may be assisted by a representative during a consultation under subsection (3).



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