Victorian Numbered Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 106

Return to work co-ordinator to be appointed

    (1)     An employer who has certified, or in respect of whom there has been assessed, total rateable remuneration of $2 169 670 or more for all workplaces of the employer in respect of the preceding premium period must ensure that, at all times, an appropriate person is appointed to act as the return to work co-ordinator for the employer.

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

In the case of a body corporate, 600 penalty units.
s. 106

    (2)     An employer who has certified, or in respect of whom there has been assessed, total rateable remuneration of less than $2 169 670 for all workplaces of the employer in respect of the preceding premium period must ensure that, for the duration of the employer's obligations under this Part to a worker who has an incapacity for work, an appropriate person is appointed to act as the return to work co-ordinator for the employer.

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

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

    (3)     A return to work co-ordinator is not personally liable for an act or omission done or omitted to be done in good faith in the course of acting as a return to work co-ordinator.

    (4)     Any liability resulting from an act or omission that, but for subsection (3), would attach to a return to work co-ordinator, instead attaches to the employer.

    (5)     An amount specified in subsection (1) or (2) must be varied, in respect of the financial year beginning on 1 July 2014 and each subsequent financial year, in accordance with the formula—

13-067a05.jpg

where—

    A     is the amount specified in subsection (1) or (2) or, if that amount has been varied in accordance with this section, that amount as last so varied.

    B     is the all groups consumer price index for Melbourne in original terms published by the Australian Bureau of Statistics as at 15 June in the preceding financial year in respect of the most recent reference period ending on or before 31 December in that financial year.

    C     is the all groups consumer price index for Melbourne in original terms for the corresponding reference period one year earlier than the reference period referred to in B published by the Australian Bureau of Statistics as at 15 June referred to in B.

    (6)     In this section, "appropriate person" means a person who has an appropriate level of seniority; and is competent to assist an employer to meet the obligations of the employer under this Part.

    (7)     A person is competent to assist an employer to meet the obligations of the employer under this Part if the person has knowledge, skills or experience relevant to planning for return to work including—

        (a)         knowledge of the obligations of employers and workers under this Part; and

        (b)         knowledge of the compensation scheme provided for under this Act and the Accident Compensation Act 1985 and the functions of the Authority and, if relevant, self-insurers under this Part.



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