5.5.6.3 Training course approval

A worker is eligible if:

at the time of retraining course commencement, they are receiving, or are entitled to receive weekly payments, and have an entitlement to Medical and Like expenses
vocational retraining has been assessed and recommended by an Occupational Rehabilitation (OR Occupational Rehabilitation) provider and is aligned to reasonably available local employment
there are no reasonable vocational options available that do not require the worker to undergo re-training.

Retraining can be provided where the OR provider determines this will assist in enhancing suitable employment options and achieve the RTW Return to Work goal.

Retraining can be used both to assist a worker be redeployed within the injury employer or to assist the worker to obtain employment with a new employer.

A training course should not be approved simply because a worker suggests they have a preference for a particular type of employment or because they show a reluctance to work in the type of suitable employment identified by the OR provider (or equivalent vocational expert).

Note: these guidelines may not cover all unique worker circumstances. Examples may include remote worker locations and access to RTOs (although online learning should cover most) and/or claims with ceased weekly benefits. Senior RTW Specialists at Agents should provide advice on the individual circumstances on the claim and if endorsed the decision should be file noted on Novus.

Courses

When approving training courses Agents should identify whether the course:

directly relates to a vocational goal identified by an OR Provider (or equivalent vocational expert). The identified vocational goal must be supported by documented rationale or labour market analysis supporting that there is reasonable local employment available
is provided by a Registered Training Organisation (RTO) or higher education provider. Non RTO providers may be considered only by exception where appropriate RTO courses cannot be sourced for the worker. Use of non-RTO providers should be approved by the Agent in writing.
results in formal qualifications recognised by the Australian Quality Training Framework or provide an industry-recognised licence, certificate or qualification
is delivered by an RTO where it is a basic course to build underpinning skills (e.g. beginner computer courses)
matches the worker’s physical and/or psychological work capacity (i.e. the worker should currently have, or be medically advised that they will have, the capacity to undertake the work the course is qualifying them to do by the completion of the course)
ideally be completed within the worker’s entitlement to weekly compensation period (within the 130 week period). If a course is being considered which finishes outside the entitlement period, a worker interview A worker who has an incapacity for work, must as required by the Agent, participate in an interview with the representative of the Agent for the purpose of enhancing the worker's opportunities to RTW. must be conducted by the Agent prior to course approval to discuss whether and how the worker can complete the course when not in receipt of weekly compensation

Additional considerations:

If the course is part time and the worker has the certified capacity to undertake work, it is expected that the worker will engage in concurrent casual or part time work (or related volunteering if more appropriate).
Referral to the appropriate OR Job Seeking Service should immediately follow the completion of the course.

Occupational Rehabilitation Provider Support for Retraining

OR Service items - retraining	Item number
Retraining Report & Funding Request	RC770
Retraining Support	RC817

Retraining may be considered an appropriate option during either OES or NES

Where a pre-injury employer has multiple workplaces, the Agent and the pre-injury employer should consider what suitable employment for the worker may be available at all of their workplaces. This may include identifying whether the worker has the necessary transferable skills and abilities to perform the tasks and duties associated with identified suitable employment or whether re-training may be required.

If retraining is an identified need, the OR provider should seek Agent approval that retraining is reasonably necessary. The OR provider will complete a Vocational Training Report and Funding request and can bill RC770 for this report. RC770 is capped at 2 hours which includes provision for Retraining Support to identify a suitable course and assist the worker with enrolment.

Up to 3 hours of RC817 can be invoiced to monitor the workers participation in the course and complete a Retraining Outcomes Report.

A Retraining Outcomes Report is only required for courses beyond 12 weeks duration however OR Providers should notify Agents when a Worker completes training. Agents are encouraged to monitor courses which will run greater than 12 weeks duration.

An OR provider must ensure that the worker understands that a training course approval relies on the Agent determining that a course is reasonable and necessary to enhance the worker’s employability.

Course approval by Agent

Retraining courses exceeding $3000 and/or 12 weeks duration (individual and cumulative costs) can be recommended however require Agent approval. OR Providers will need to complete the Vocational Retraining Funding request form to receive approval in these instances.

Courses under $3000 and under 12 weeks duration do not require Agent pre-approval however reference should be made to the course within a previous Occupational Rehabilitation report (e.g. RC700 initial assessment).

Agent approval is not required when multiple courses are arranged at the same time and they do not exceed $3000 and 12 weeks duration. Where multiples courses are arranged at different times, costs/durations are cumulative and Agent approval will be required when the combined cost/duration of courses exceeds this criteria.

Upon receipt of the Vocational Retraining Funding request form, the Agent should review and advise the OR provider of their decision within three working days.

If Agent approval of courses exceeding $3,000 and/or 12 weeks duration is not received within three working days the OR should follow up with the Agent and escalate where necessary.

Note: A worker may approach the Agent directly to approve a training course. The Agent process for approving a training course is the same whether the training course approval is sought by the worker’s pre-injury employer, a new employer, OR provider or the worker. Re-training must be in line with an OR (or equivalent Agent employed vocational expert) recommended vocational goal, and aligned to available local employment. Agent rationale for vocational recommendation and labour market analysis should be case noted on Novus if this information is not available via OR report.

Payment of training course costs for both OES & NES

Payment of the training course is made to the training course supplier using Payment Type Code 170.

An injury employer may choose to directly pay the training course supplier and seek a reimbursement of the costs from the Agent.

If the employer acts without Agent prior approval, the Agent only reimburses the costs if they are satisfied the training course is reasonable and necessary, and the traingin provider can be registered as a WorkSafe provider.

Worker costs approved

In addition to the training course costs, the Agent should also pay as an OR service cost other costs incurred by the worker when completing the training course. This may include books, pens, paper or other items or equipment reasonably required for re-training placement as advised by ORP or the training provider as course or course placement requirements.

These costs may be paid direct to the training provider or the worker can be reimbursed on the provision of receipts.

When approving a training course, the Agent should contact the worker to establish what types of costs may be incurred. This will assist the Agent with managing the worker’s expectations about what may be a reasonable OR service cost. The OR provider should ensure that the worker understands that training course approval relies on the Agent determining that a course is reasonably necessary to enhance a worker’s employability.

Where required, costs such as Working with Children check, Police check are considered a claims cost.

Worker costs not approved

If the Agent does not approve a request from a worker for the payment of a training course or other costs incurred when completing a training course, they must advise the worker in writing of the reasons for their decision and appeal rights.

Paying for computer equipment related to retraining

While a training course may require a worker to have access to a computer, the provision of computers or replacement computers, computer hardware or software or internet/email access is generally not approved as a medical and like expense.

Occupational Rehabilitation consultants and/or Agents should consider any available training courses that may support improving injured workers to return to work and employability. This can include considering what, if any, hardware is required and whether it is accessible in a public setting (e.g. library or educational institution).

Recognised training providers may offer students access to computers and appropriate software in face to face learning environments, to enable them to complete their course, and a worker undertaking retraining may also have access to a computer at home

Where an Agent is considering the provision of computer

WorkSafe may provide advice for computer equipment requests, however the final decision is made by the Agent.

If an Agent receives a request for funding of computer equipment (or other relevant device) so that a worker can undertake Agent approved retraining, the Agent should consider if:

the computer funding request directly relates to the retraining course funded by the Agent
the worker has access to an appropriate computer (e.g. a suitable existing device at home or access to a computer at a library or the course provider)
the worker can self-fund a computer or if a co-contribution should be considered
the worker would be disadvantaged and not able to participate in the retraining if the Agent did not provide funding for the computer
the device requested meets the inherent requirements of the course (e.g. system requirements)

See: Decision making

For guidance or advice from WorkSafe regarding computer equipment requests:

Agents can contact the Occupational Rehabilitation Team via occupational_rehab@worksafe.vic.gov.au
Agents must attach evidence of the above criteria having been considered, and the Agent’s preliminary outcome of the review.

Payment Code

Funding for approved computer equipment is payable under payment type 170, item code IE008.

Worker does not complete training course

When the Agent receives advice that the worker has ceased attending an approved training course, they should consider whether the worker is not actively using an OR service or cooperating with the provider of that service.

The Agent should also consider whether to seek a refund of all or part of the training course cost.

See: Worker RTW obligations

Vocational Retraining Framework

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