2.3.3.2 Section 37 Provision of Rehabilitation Program

Subsection 37(1) of DRCA 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.