New South Wales Consolidated Acts

WORKERS COMPENSATION ACT 1987 - SECT 43A

43A Suitable employment

(1) For the purposes of sections 38, 38A and 40:
"suitable employment", in relation to a worker, means employment in work for which the worker is suited, having regard to the following:

(a) the nature of the worker’s incapacity and pre-injury employment,

(b) the worker’s age, education, skills and work experience,

(c) the worker’s place of residence,

(d) the details given in the medical certificate supplied by the worker,

(e) the provisions of any injury management plan for the worker,

(f) any suitable employment for which the worker has received rehabilitation training,

(g) the length of time the worker has been seeking suitable employment,

(h) any other relevant circumstances.

(2) In the case of employment provided by the worker’s employer, suitable employment includes:

(a) employment in respect of which:

(i) the number of hours each day or week that the worker performs work, or

(ii) the range of duties the worker performs,

is suitably increased in stages (in accordance with a rehabilitation plan or return-to-work plan or otherwise), and

(b) if the employer does not provide employment involving the performance of work duties-suitable training of a vocationally useful kind provided:

(i) by the employer at the workplace or elsewhere, or

(ii) by any other person or body under arrangements made with the employer,

but only if the employer pays an appropriate wage or salary to the worker in respect of the time the worker attends the training concerned.

(3) However, in any such case, suitable employment does not include:

(a) employment that is merely of a token nature and does not involve useful work having regard to the employer’s trade or business, or

(b) employment that is demeaning in nature, having regard to subsection (1) (a) and (b) and to the worker’s other employment prospects.

(4) A worker is to be regarded as suitably employed if:

(a) the worker’s employer provides the worker with, or the worker obtains, suitable employment, or

(b) the worker has been reinstated to the worker’s former employment under Part 7 of Chapter 2 of the Industrial Relations Act 1996 .