5.3 Employer RTW compliance
5.3.1 Review claim | 5.3.2 Write to employer | 5.3.3 Assess employer's response | 5.3.4 Refer claim to RTW inspectorate | 5.3.5 Employer obligations - penalty units
Agents have a responsibility to ensure that employers are aware of their RTW obligations.
For detailed information about how employers can comply with their RTW obligations refer to the following publications:
- Compliance Code 1 of 4: Providing employment, planning and consulting about return to work
- Compliance Code 2 of 4: Return to Work Coordinators
- Compliance Code 3 of 4: Return to Work Information
- Compliance Code 4 of 4: Cooperating with labour hire employers about return to work.
Agents support employers to meet their obligations and have a responsibility to refer non-compliant employers to WorkSafe's RTW Inspectorate via email rtw_inspectorate@worksafe.vic.gov.au for review.
If an Agent considers that an employer is not complying with their obligation to provide employment, plan return to work or consult about a worker’s return to work, they refer it to WorkSafe for review.
The focus of this process is where a worker has capacity for work but has not returned to work. There may be instances where an Agent considers that inadequate planning and/or consulting is being undertaken regardless of whether the worker is currently certified as having no current work capacity Under the legislation, unless inconsistent with the context or subject-matter — current work capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment, declared training program. In these circumstances, the Agent can also make a referral.
Resolve RTW issues
If an issue about a worker’s return to work arises, the employer and worker must attempt to resolve the issue.
Resolve issue in line with the agreed RTW issue resolution procedure at the workplace.
If there is no agreed procedure the employer and worker must attempt to resolve the issue in line with the RTW issue resolution procedure set out in the Ministerial Direction.
See: Steps to resolving return to work issues | Ministerial Direction - RTW Direction Issue Resolution Process | Compliance Code 3 of 4: Return to Work Information