5.5.8 DES-DMS (formerly DEEWR)
5.5.8.1 Agent receives a DES-DMS notice | 5.5.8.2 Make payment to DES-DMS and worker | 5.5.8.3 Reimburse DES-DMS payment to a worker
Department of Employment - Disability Management Services advised they will no longer be issuing Charge Notices on matters which settle after 8 December 2014
The Department of Employment - Disability Employment Services-Disability Management Service (DES-DMS) is responsible for overseeing the provision of rehabilitation programs funded by the Commonwealth Government under the Commonwealth Disability Services Act 1986 (the DSA Disability Services Act 1986).
According to the DSA, as a compensation payer, WorkSafe needs to pay the costs of a rehabilitation program funded by the Commonwealth Government which a worker has or will undertake.
Rehabilitation programs which are funded by the Department of Education, Disability Management Service Recovery are known as Vocational Rehabilitation Services (VRS Vocational Rehabilitation Services) programs.
Compensation in this instance does not include weekly payments. However, if a worker is entitled to a lump sum, impairment benefit or common law damages for the same injury or illness for which the DES-DMS funded the rehabilitation program, the costs of the program must be deducted and paid to the DES-DMS Recovery before any money is paid to the worker.
DES-DMS notices
When a worker is undertaking or has undertaken a Commonwealth funded rehabilitation program, the DES-DMS will issue the following notices:
Notice of Intent to Recover Costs
This will be sent to an Agent or WorkSafe informing them of the obligation to ensure that the cost of a worker’s Commonwealth funded rehabilitation program is reimbursed to the DES-DMS should the worker receive a lump sum payment.
Interim Notice of Charge
Informs the parties of a worker’s current rehabilitation costs.
Final Notice of Charge
This is issued detailing the total cost of the rehabilitation program when the DES-DMS have been advised of a claim for an impairment benefit, lump sum under the legislation (Table of Maims claim) or a common law action has settled.
Notices will be forwarded to the Agent and copies sent to the worker and worker’s solicitor (if the worker is legally represented).
The Agent is only required to pay the DES-DMS for the cost of a worker’s rehabilitation program if the worker receives a lump sum or common law damages for the same injury or illness for which the DES-DMS funded the rehabilitation program.
Agents need to pay any money owed to the DES-DMS before any money is paid to the worker.
New claims
Where a worker participates in a VRS program before their claim for compensation is accepted, the Agent must pay the Commonwealth for the cost of the VRS program if the worker subsequently receives a lump sum or damages for the same injury or illness for which the DES-DMS funded the rehabilitation program.
IB claims
It is common for workers to take part in a VRS program after their weekly payments have been terminated at 104 or 130 weeks.
Where a worker participates in a VRS program after their weekly payments have been terminated and the worker later makes a successful claim for an impairment benefit, the Agent must pay the Commonwealth for the cost of the VRS program.
Common law damages
Where a worker participates in a VRS program and later makes a successful claim for common law damages, the Agent must pay the DES-DMS for the cost of the VRS program.
Maims claims
Where a worker participates in a VRS program and later makes a successful claim for a lump sum under the legislation (Table of Maims claim) the Agent must pay the DES-DMS for the cost of the VRS program.
Where an Agent has not paid
Where an Agent has received a notice from the DES-DMS and they have not deducted the amount specified in the Final Notice of Charge, the Agent will be liable for the payment of the DES-DMS debt.
The Agent is also liable for any additional penalty applied by the DES-DMS for breach of a DSA notice in paying compensation to a worker before paying the debt owed to the Commonwealth.