From 30 October 2024, rehabilitation and relevant authorities must comply with the Guide when making a decision regarding a rehabilitation or medical assessment under sections 36(1), 36(3) or 57(1) of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act).
What does this mean?
This means that you will need to change when you make a decision to arrange a section 36 or section 57 assessment and how you do it.
When wouldn't I obtain an independent assessment?
When you have sufficient information on your file to make the decision you are required to under the SRC Act.
What is sufficient information?
We don’t know yet. What is or is not sufficient will depend on many factors. It is highly likely that the Tribunal will not consider information ‘insufficient’ where the only reason is that the rehabilitation or relevant authority believes the treater is an advocate for the employee.
Rehabilitation and relevant authorities should keep written reasons of why the information on the employee’s file is or is not sufficient for them to make the decision they are required to under the SRC Act.
Where can I obtain an independent assessment?
How do i do it?
Before you decide you don’t have sufficient information, you must seek the information you need from the employee’s treating practitioner.
If, after doing this, you have determined you do not have sufficient information to make a decision, then you must:
The employee’s views must be taken into account in making the decision advise the employee they may have a support person accompany the employee during part or all of the examination.
how can mcw help?
If you need help, come and see the experts at McInnes Wilson Lawyers. We can help you set up your process and templates to ensure your section 36 and 57 decisions are sound and enforceable.
Contact Athena Cains on (02) 6185 7703 | acains@mcw.com.au.
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