Return to Work Obligations

In reply to the Hon. J.R. RAU (Enfield) (21 September 2018). (Estimates Committee B)

The Hon. R.I. LUCAS (Treasurer): I have been advised of the following:

The Office of the Commissioner for Public Sector Employment has worked with agencies to develop and implement a Practice Note on Employer's Duty to Provide Work. This practice note aims to ensure consistent application of the obligations on agencies of the Crown to provide suitable employment to injured workers.

The Practice Guideline states that, where suitable employment cannot be provided within the pre-injury employing agency, the agency must find suitable employment elsewhere in the public sector, or with the employee's agreement, outside the public sector. When suitable employment in another public sector agency is identified and that agency rejects the transfer, documented reasons for rejecting the transfer must be provided to the pre-injury agency.

Should the agencies disagree on an employee's suitability for a role, the matter will be escalated for resolution between each agency's chief executive, or their delegate. If agreement on transfer still remains unresolved after exhausting all avenues for resolution, the matter may be referred to the Commissioner for Public Sector Employment for consideration and advice.