Workers’ Compensation and Rehabilitation Act 2003

An insurer may make rehabilitation available to a worker on the insurer’s own initiative or if the worker asks.

If the insurer makes rehabilitation available to a worker before admitting or denying liability for damages, the insurer must not be taken, only for that reason, to have admitted liability.

If—

liability has been admitted for damages; or

the insurer has agreed to fund rehabilitation without making an admission of liability;

The worker may, if not satisfied that the rehabilitation is reasonable and appropriate, apply to the insurer to appoint a mediator to help resolve the questions between the worker and the insurer.

An application for appointment of a mediator under subsection (4) must—

be made in writing; and

give details of any attempts made by the applicant to resolve the matter in dispute.

The fees and expenses of the mediator are to be paid as agreed between the parties or, in the absence of agreement, by the parties in equal proportions.

The insurer must make rehabilitation available to the worker, and the worker must satisfactorily participate in the rehabilitation, in sufficient time to enable the insurer and the worker to comply with parts 5, 6 and 7.

This section does not apply to a worker for any period for which the worker is entitled to compensation under chapter 4A, including any period for which the entitlement is suspended under section 232ZH.