Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 228

228 Employer’s obligation to assist or provide rehabilitation

(1) The employer of a worker who has sustained an injury must—

(a) take the action required by the scheme directions to be taken to assist or provide the worker with rehabilitation during the prescribed period for the worker; and

(b) take all other reasonable steps to assist or provide the worker with rehabilitation during the prescribed period for the worker; and

(c) cooperate with the insurer by taking all reasonable steps to support the insurer to meet the insurer’s obligations under section 220 .

Penalty—

Maximum penalty—500 penalty units.

(2) If the employer forms the opinion that it is not practicable to provide the worker with rehabilitation in the form of a suitable duties program, the employer must give the insurer a written notice stating the evidence relied on to support the opinion.

Penalty—

Maximum penalty—100 penalty units.

(3) The insurer must, as soon as practicable after receiving the employer’s notice—

(a) consider the evidence and form the insurer’s own opinion; and

(b) if the insurer is not satisfied by the evidence provided—

(i) inform the employer of that opinion and the reasons for it; and

(ii) give the employer a reasonable opportunity to make submissions and provide further evidence.

Penalty—

Maximum penalty—100 penalty units.

(4) In this section—

"prescribed period" , for a worker who has sustained an injury, means the period that—

(a) starts on the day the worker is injured; and

(b) ends on the day the insurer’s responsibility for the worker’s rehabilitation ends under section 220 .