“A rehabilitation authority may make a determination that an employee who has suffered an injury resulting in an incapacity for work or an impairment should undertake a rehabilitation program and, where the authority so determines, it may make arrangements with an approved program provider for the provision of a rehabilitation program for the employee.”
This section of the Act authorises the case manager to prepare and sign a RTWP. The section specifies “determination”, and as such, means that once the case manager signs RTWPs, they form a determination under section 37 and may be appealed by an employee.
The case manager must provide the employee with a copy of the RTWP and explain the Notice of Rights that are printed on the back of the form. If the employee then fails to undertake the content of the RTWP, he or she may be subject to non-compliance provisions under the Act.