South Australian Consolidated Acts

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 28A

28A—Rehabilitation and return to work plans

        (1)         The Corporation may establish a rehabilitation and return to work plan for a worker who is incapacitated for work by a compensable disability.

        (2)         If a worker—

            (a)         is receiving compensation by way of income maintenance; and

            (b)         is (or is likely to be) incapacitated for work by a compensable disability for more than 13 weeks (but has some prospect of returning to work),

the Corporation must prepare a rehabilitation and return to work plan for the worker.

        (3)         In preparing the plan, the Corporation—

            (a)         must consult with the worker and the employer out of whose employment the disability arose; and

            (ab)         must consult with the relevant rehabilitation and return to work co-ordinator under section 28D (if appointed); and

            (b)         should if practicable—

                  (i)         review medical records relevant to the worker's condition; or

                  (ii)         consult with any medical expert who is treating the worker for the compensable disability.

        (4)         A rehabilitation and return to work plan may impose obligations on the worker and on the employer.

        (5)         The Corporation must give the worker and the employer a copy of the rehabilitation and return to work plan.

        (6)         The plan is binding on the worker and the employer.