• Introduction
• Overview of this guide
• Glossary
• Element 1 - Commitment and Corporate Governance
• Element 2 - Planning
• Element 3 - Implementation
• Adequate resources to support rehabilitation programs including facilitation of an early return to work and/or maintenance of an employee at work
• Training programs to support the rehabilitation management system
• Defining and communicating responsibilities to stakeholders
• Employees are aware of their rights and responsibilities in relation to rehabilitation
• Early intervention rehabilitation systems in place
• Assessment of injured workers' capability to undertake a rehabilitation program
• Rehabilitation programs in accordance with section 37 of the SRC Act
• Complying with the provisions of the section 41 guidelines
• Providing employees with, or helping employees to find suitable employment
• Examples of success
• How can we improve?
• Maintaining the confidentiality of information and applying legislative requirements
• Maintaining relevant reporting, records and/or documentation to support rehabilitation management programs and legislative compliance
• Complying with the provisions of the SRC Act when managing reviews/ reconsiderations
• Element 4 - Measurement and Evaluation
• Element 5 - Review and Continuous Improvement
• Action Summary Sheet
• Reference list & resources
• Disclaimer

Why is this important?

Section 40 of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) requires employers to take all reasonable steps to provide an injured employee who is undergoing or has completed a rehabilitation program with suitable employment. If this isn't possible, employers must help injured employees find suitable employment.

This is required under the following legislation:

• rehabilitation guidelines for employers (the s. 41 guidelines)
• s. 40 of the SRC Act
• s. 15 of the Disability Discrimination Act 1992.

What does this mean for the purposes of return to work? 

If the injured worker is an ongoing employee of the Commonwealth suitable employment is any employment within the Commonwealth.

If the injured worker is an ongoing employee of the ACT government suitable employment is any employment within ACT government.

If the injured worker is an ongoing employee of a licensee, suitable employment is any employment within the licensee's organisation.

If the employee wishes to pursue other employment in the above examples, they will need to elect to separate from the organisation.

If the injured worker was on a fixed-term contract with the Commonwealth or ACT government or a licensee at the time of the injury and the contract expires before they are back at work then suitable employment is any employment.

If the injured worker is separated from ongoing employment (i.e. either resigns, is terminated or accepts a redundancy) suitable employment becomes any employment for the purposes of rehabilitation.