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AISV Compliance Framework
Injured and ill workers
Please scroll to the bottom of the page for contacts and links
Do you need to comply?
Yes.
Conditions of compliance
When managing ill and injured workers, you must comply with the following:
- Occupational Health and Safety Act 2004 (Vic.)
- Equal Opportunity Act 1995 (Vic.)
- Fair Work Act 2009 (Cth.)
- Fair Work Regulations 2009 (Cth.)
- Accident Compensation Act 1985 (Vic.)
- Privacy Act 1988 (Cth.)
- Health Records Act 2001 (Vic.)
If you have to comply, what do you have to do?
Workers compensation
- Ensure an injured worker gets any treatment required at the time of injury
- Complete an incident report form (register of injuries)
- Provide a claim form to the injured worker
- Notify your insurer on receipt of a claim form
- Provide all information to your insurer
- Liaise with and assist your insurer as required.
To comply with the Accident Compensation Act you must:
- provide the employee with a job that is the same or equivalent to the position he or she held before the injury; or
- where the employee is not able to return to his or her pre-injury position but is able to perform alternative or modified duties, the employer must provide the employee with suitable alternative duties.
Anti-discrimination legislation
- It is unlawful to discriminate against a worker on the basis of their disability/impairment
- It is lawful to discriminate against a worker on the basis of their disability when the worker:
- is unable to carry out the inherent requirements of the particular employment; or
- in carrying out those requirements, would require services or facilities that are not required by persons without the disability and the provision of which would impose an unjustifiable hardship on the employer
Fair Work Act 2009 and Fair Work Regulations 2009
It is unlawful to terminate for a 'temporary absence' from work due to injury or illness. A temporary absence is an absence of more than 3 months or multiple absences of 3 months or more in a 12 month period, unless the employee is on paid sick leave for the duration of the absence.
If an employee’s employment is terminated, the termination cannot be 'harsh, unjust or unreasonable'.
A breach of this legislation can result in the employee being reinstated, compensation being awarded to the employee or both.
Privacy legislation
The employer is required to comply with the relevant privacy legislation when recording or using information about an employee’s illness or injury.
Work Related Injury - Key Principles
- Notify insurer and comply with insurer's instructions
- Actively consult with employee and consider information and documents
- Ensure employee has the opportunity to have a support person
- Keep notes of meetings/discussions
- If information is unclear, make further enquiries
- Make regular contact with employees who are off work
Non-Work Related Injury - Key Principles
- Actively consult with employee and consider medical evidence/information
- Provide employee with the opportunity of having a support person
- Keep notes of discussions/meetings
- If information is unclear, make further enquiries
- Maintain regular contact with the employee but have regard to the employee's privacy
- Offer the availability of other leave
Checklist for managing ill and injured workers
- Treat employees fairly and reasonably
- Establish procedures for dealing with injured worker
- Comply with procedures
- Make a genuine and concerted effort to rehabilitate
- Ensure that any restrictions on RTW (return to work) are necessary for OHS and are non-discriminatory
- Ensure light duties are temporary
- In assessing ability to perform role, consider the job as a whole
- If employee is unable to return to duties, assess alternative position
- Record all meetings and decisions in writing
- Base all decisions on sufficient evidence, including reliable medical reports.
What are the consequences if you don't comply?
You may be penalised under the Acts listed at the top of the page.
Who will help you?
AISV contact:
Kerri Knopp
Director, Strategic Relations
Ph. 03 9825 7210
kerri.knopp@ais.vic.edu.au
Sandro Mazzotta
Senior Workplace Relations Adviser
Ph: 03 9825 7206
sandro.mazzotta@ais.vic.edu.au
Sarah Matar
Workplace Relations Adviser
03 9825 7215
sarah.matar@ais.vic.edu.au
Other links:
Click here to go to the Victorian WorkCover Authority website
Submitted 8/9/2006, edited 24/8/2009.
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