South Australian Consolidated Regulations South Australian Consolidated Regulations4—Standards and requirements—Rehabilitation programmes
Pursuant to section 28C of the Act, a programme for an injured worker 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 disability;
(vi)
the date that the disability was suffered;
(c) it
must have as its objectives—
(i)
the achievement by the worker of the best practicable
levels of physical and mental recovery;
(ii)
the restoration, where possible, of the worker to the
workforce and the community;
(iii)
other specific objectives (not inconsistent with the
objectives referred to above) appropriate to the circumstances of the worker
specified for that purpose in the programme;
(d) it
must specify, to the extent practicable, action that the worker and the
employer of the worker must undertake in pursuance of the objectives of the
programme;
(e) it
must specify, to the extent practicable, the services to which section 32 of
the Act applies that are to be provided to, and accepted by, the worker;
(f) it
must specify, to the extent practicable, the point of commencement and
completion of the programme (expressed either as particular dates, the
commencement and expiration of a particular period, or the occurrence of
particular activities or circumstances);
(g) it
must specify the method by which the Corporation will review the programme
and, where practicable, the times or occasions on which reviews will take
place;
(h) if
at the time of the preparation of the programme it has not been practicable to
undertake a complete evaluation of—
(i)
the worker's incapacity arising from the compensable
disability; or
(ii)
the employment that will be suitable employment for the
worker given the worker's physical and mental condition as a consequence of
the compensable disability,
it must specify that these matters will be evaluated and reported to the
Corporation as soon as it becomes practicable to do so;
(i)
it must specify that the programme will come to an end
when the Corporation establishes a plan for the worker;
(j) it
must contain the following statements:
(A)—Important Notice to Employers
A failure by an employer to co-operate with respect to the implementation of a
rehabilitation programme or to provide suitable employment for an injured
worker may be considered by the Corporation as appropriate grounds to impose
on that employer a supplementary levy in accordance with section 67 of the
Workers Rehabilitation and Compensation Act 1986 .;
(B)—Important Notice to Injured Workers
A refusal or failure by an injured worker to participate in a rehabilitation
programme, or participation in a rehabilitation programme in a way that
frustrates the objectives of a rehabilitation programme, may lead to the
discontinuance of weekly payments pursuant to section 36 of the Workers
Rehabilitation and Compensation Act 1986 .
A refusal or failure by an injured worker to undertake work that the worker
has been offered and is capable of performing, or to take reasonable steps to
find or obtain suitable employment, may lead to the discontinuance of payments
pursuant to section 36 of the Workers Rehabilitation and Compensation
Act 1986 . This may also occur if a worker obtains suitable employment
and then unreasonably discontinues the employment.