Rehabilitation and the application of s 19(4)
Section 19(4)(g) allows a Delegate to consider “any other relevant matter” in determining a client's ability to earn. The completion of a rehabilitation program is an obvious example of the application of this paragraph.
The goal of most rehabilitation programs is to restore the client's capacity to undertake suitable employment. Where a client successfully completes a vocational training program but does subsequently obtain paid employment, it is open to the Delegate to determine a notional ability to earn for that client. A period of 2 months following completion of the training should be allowed to facilitate job search prior to the Delegate determining an ability to earn. However, following this period of grace, the appropriateness of deeming an ability to earn should be actively considered.
Exceptions to this approach include cases where:
- the goal of the rehabilitation program was not to gain suitable employment, but rather was focused on some other goal such as independent living skills; and
- the client's injury continues to be a major impediment to gaining employment.
Prior to commencement of a vocational training course approved as part of a rehabilitation program, a client should be advised:
- that their ability to earn in suitable employment will be reviewed after completion of the course; and
- that an ability to earn may be deemed in appropriate cases.
Where a client is currently participating in a rehabilitation program, a Delegate should consult with the Rehabilitation Coordinator prior to making a decision to deem the client able to earn.