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18.104.22.168 Section 37 Provision of Rehabilitation Program
Subsection 37(1) of SRCA provides the legislative authority to determine that a client who has suffered an injury resulting in an incapacity for work, or an impairment, should undertake a rehabilitation program. This includes the authority to amend or close a rehabilitation program. This section also provides the authority to appoint an approved rehabilitation program provider.
Subsection 37(3) describes what factors the delegate must have regard to when determining that a client will undertake a rehabilitation program.
"In making a determination under subsection (1), a rehabilitation authority shall have regard to:
(a) any written assessment given under subsection 36(8);
(b) any reduction in the future liability to pay compensation if the program is undertaken;
(c) the cost of the program;
(d) any improvement in the employee's opportunity to be employed after completing the program;
(e) the likely psychological effect on the employee of not providing the program;
(f) the employee's attitude to the program;
(g) the relative merits of any alternative and appropriate rehabilitation program; and
(h) any other relevant matter."
Subsection 37(7) provides the authority to suspend the client's entitlements to compensation should the client refuse or fail, without reasonable excuse, to undertake a rehabilitation program.