(1)  An employer of a worker must, for a period of 12 months commencing on the day on which the worker becomes totally or partially incapacitated by a workplace injury, make available to the worker the employment in respect of which the worker was engaged immediately before becoming incapacitated.

Penalty:  Fine not exceeding 100 penalty units.

(2)  Subsection (1) does not apply if –

(a) there is medical evidence indicating that it is highly improbable that the worker will be able to perform the employment in respect of which the worker was engaged immediately before becoming incapacitated; or

(b) the work for which the worker was employed is no longer required to be performed.

(3)  If subsection (2) applies in relation to a worker, the worker's employer, as soon as practicable, must notify the worker, and the employer's insurer, if any, of the reason for the application of the subsection in relation to the worker.

Penalty:  Fine not exceeding 20 penalty units.