Employer’s obligations
103E Employer’s obligations
An employer must—
provide the facilities and assistance that are reasonably necessary to enable a return-to-work coordinator to exercise the coordinator’s functions; and
not appoint a person as a return-to-work coordinator unless the person—
has completed training determined by the Minister as prerequisite training for a return-to-work coordinator for this Act; or
has experience of the kind determined by the Minister as prerequisite experience for a return-to-work coordinator for this Act; and
comply with the Minister’s guidelines about an employer’s responsibilities in relation to return-to-work coordinators; and
notify the Minister in writing about the contact details for each of the employer’s return-to-work coordinators not later than 30 days after the day the coordinator is appointed.
Each of the following is a notifiable instrument:
a determination under subsection (1) (b);
a guideline under subsection (1) (c).
A person commits an offence if—
the person is an employer; and
the employer fails to comply with a requirement under subsection (1).
Maximum penalty: 50 penalty units.
An offence against subsection (3) is a strict liability offence.
It is a defence to a prosecution for an offence against this section, for a failure to comply with a requirement under subsection (1) (a), if the defendant proves that the defendant believed on reasonable grounds that the defendant provided the facilities and assistance that were reasonably necessary to enable a return-to-work coordinator to exercise the coordinator’s functions.
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