Background

2.Section 37(1) of the Safety, Rehabilitation and Compensation (SRC) Act 1988 enables a 'rehabilitation authority' to make a determination that an employee who has suffered an injury resulting in incapacity or impairment should undertake a rehabilitation program, usually a Return to Work Plan (RTWP).

3.The 'rehabilitation authority' for an employee of a Department or Commonwealth Authority is the Secretary of the Department, or principal officer of the Authority.  This authority is delegated under section 41A to an officer of the Department or Authority generally known as a Case Manager.

4.Section 37(1) of the Act states that the provision of a rehabilitation program must be made by an approved program provider.

5.Section 34 of the Act gives Comcare the authority to approve rehabilitation program providers.

6.Section 37(4) of the Act states that Comcare is responsible for the cost of any RTWP.

7.A Case Manager may approve the cost of an item in an RTWP to cover payment of travel costs incurred by the employee as part of a rehabilitation program.  Section 37 is the only section of the Act under which the payment of costs associated with rehabilitation programs can be made.