5.1.2 Warning notices
If a worker is not meeting their RTW Return to Work obligations, an Agent may issue a warning notice to the worker.
Warning notices must provide workers with at least 14 days but no longer than 60 days’ notice to demonstrate compliance with their RTW obligations. The length of the notice period depends on the actions the worker is required to take in order to be compliant with their RTW obligations. If the notice is sent by mail, allow an additional two postal days’ notice.
S116(3)(b) provides that weekly payments to the worker will be suspended from the date specified in the warning notice which must be a date at least 14 days after notice is given.
Example 1 (notice emailed):
| Section 116(3)(b) warning notice date: | 05 October 2021 |
| Notice emailed to worker: | 05 October 2021 |
| ‘Suspend from’ date specified in the warning notice: | 20 October 2021 |
Example 2 (notice sent by mail):
| Section 116(3)(b) warning notice date: | 05 October 2021 |
| Notice by mail to worker: | 05 October 2021 |
| ‘Suspend from’ date specified in the warning notice: |
22 October 2021 |
Contents of a notice
A notice must contain:
- details of which obligation the worker needs to comply with, including a description of what action/inaction has been considered non-compliant
- instructions on how they can comply with their RTW obligation/s (see below)
- state the time frame the worker is given to comply, ie 14 days to 60 days
- the consequences of failing to comply with the instructions in the notice, ie suspension of weekly payments for up to 28 days and the date on which that suspension will take effect should they not comply within the warning period
- appeal rights.
See: Contents of notice
Determine what action is necessary for the worker to be compliant
A notice sets out the actions the worker needs to take to demonstrate compliance. This can include:
- an appointment to plan return to work
- an appointment with an occupational rehabilitation provider
- an assessment of capacity, rehabilitation progress or future employment prospects
- return to work at the worker’s place of employment in suitable employment or pre-injury employment (1) In this Part — pre-injury employment means the employment of a worker in a position which is the same as or equivalent to the position in which the worker was employed before receiving the injury
- return to work at another place of employment
- an interview with a representative of WorkSafe
- communicating with the Agent, employer and/or occupational rehabilitation provider in relation to planning for return to work.
The Agent needs to ensure this action is planned within the warning period (ie within 14 days to 60 days) to give the worker every opportunity to comply.
Compliance within the notice period
If a worker complies with their obligations within the notice period, record details of their compliance and continue to monitor their progress.
A further warning notice may be appropriate if the worker has not fully complied with their obligations rather than proceeding to a suspension.
The goal of the RTW non-compliance process is to assist the worker to understand their obligations and to become compliant, therefore Agents must continue to assist the worker to overcome barriers after the warning has been issued.