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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 104

Plan return to work

    (1)     An employer must, to the extent that it is reasonable to do so, plan the return to work of a worker from the date on which the employer knows or ought reasonably to have known of the worker's incapacity for work, whichever is the earlier date.

Penalty:     In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

    (2)     An employer must, when planning the return to work of a worker, undertake the tasks specified in subsection (3) as often as is necessary to enable the worker to return to work in employment which is consistent with the worker's capacity for work.

    (3)     Planning the return to work of a worker includes—

        (a)     obtaining relevant information about the worker's capacity for work; and

        (b)     considering reasonable workplace support, aids or modifications to assist in the worker's return to work; and

        (c)     assessing and proposing options for suitable employment or pre-injury employment; and

        (d)     engaging in consultation in accordance with section 105; and

        (e)     providing the worker with clear, accurate and current details of the worker's return to work arrangements; and

        (f)     monitoring the worker's progress.

    (4)     For the purposes of this section, an employer knows or ought reasonably to have known of the worker's incapacity for work from the date of the commencement of the employment obligation period.



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