Victorian Numbered Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 114

Return to work

    (1)     A worker who has an incapacity for work must, in co-operation with the employer, Authority or self-insurer make reasonable efforts in accordance with this Division to return to work in suitable employment or pre-injury employment at the worker's place of employment or at another place of employment.

    (2)     For the purposes of subsection (1), a worker is to be treated as making a reasonable effort to return to work in suitable employment or pre-injury employment during any period in which—

        (a)     the worker is waiting for the commencement of an occupational rehabilitation service after approval has been given; or

        (b)     the worker is waiting for a response to a request for suitable employment or pre-injury employment made by the worker and received by the employer; or

        (c)     if the employer's response is that suitable employment or pre-injury employment may, or will, be provided at some time, the worker is waiting for suitable employment or pre-injury employment to commence; or

        (d)     if the employer's response is that suitable employment or pre-injury employment cannot be provided at some time, the worker is waiting for a response to a request for suitable employment or pre-injury employment from another employer.

    (3)     For the purposes of subsection (1), a worker is not to be treated as making reasonable efforts to return to work in suitable employment or pre-injury employment during any period in which the worker has refused or failed to meet any obligation under this Division.



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