Compliance Framework | Injured and ill workers

Independent Schools Victoria Compliance Framework

Issues such as industrial awards, enterprising bargaining and WorkCover.

Injured and ill workers

Please scroll to the bottom of the page for contacts and links

Do you need to comply?

Yes.

Conditions of compliance

When managing ill and injured workers, you must comply with the following:

Occupational Health and Safety Act 2004 (Vic.)
Equal Opportunity Act 1995 (Vic.)
Fair Work Act 2009 (Cth.)
Fair Work Regulations 2009 (Cth.)
Accident Compensation Act 1985 (Vic.)
Privacy Act 1988 (Cth.)
Health Records Act 2001 (Vic.)

If you have to comply, what do you have to do?

Workers compensation

Ensure an injured worker gets any treatment required at the time of injury
Complete an incident report form (register of injuries)
Provide a claim form to the injured worker
Notify your insurer on receipt of a claim form
Provide all information to your insurer
Liaise with and assist your insurer as required.

To comply with the Accident Compensation Act you must:

provide the employee with a job that is the same or equivalent to the position he or she held before the injury; or
where the employee is not able to return to his or her pre-injury position but is able to perform alternative or modified duties, the employer must provide the employee with suitable alternative duties.

Anti-discrimination legislation

It is unlawful to discriminate against a worker on the basis of their disability/impairment
It is lawful to discriminate against a worker on the basis of their disability when the worker:

is unable to carry out the inherent requirements of the particular employment; or
in carrying out those requirements, would require services or facilities that are not required by persons without the disability and the provision of which would impose an unjustifiable hardship on the employer

Fair Work Act 2009 and Fair Work Regulations 2009

It is unlawful to terminate for a 'temporary absence' from work due to injury or illness. A temporary absence is an absence of more than 3 months or multiple absences of 3 months or more in a 12 month period, unless the employee is on paid sick leave for the duration of the absence.

If an employee’s employment is terminated, the termination cannot be 'harsh, unjust or unreasonable'.

A breach of this legislation can result in the employee being reinstated, compensation being awarded to the employee or both.

Privacy legislation

The employer is required to comply with the relevant privacy legislation when recording or using information about an employee’s illness or injury.

Work Related Injury - Key Principles

Notify insurer and comply with insurer's instructions
Actively consult with employee and consider information and documents
Ensure employee has the opportunity to have a support person
Keep notes of meetings/discussions
If information is unclear, make further enquiries
Make regular contact with employees who are off work

Non-Work Related Injury - Key Principles

Actively consult with employee and consider medical evidence/information
Provide employee with the opportunity of having a support person
Keep notes of discussions/meetings
If information is unclear, make further enquiries
Maintain regular contact with the employee but have regard to the employee's privacy
Offer the availability of other leave

Checklist for managing ill and injured workers

Treat employees fairly and reasonably
Establish procedures for dealing with injured worker
Comply with procedures
Make a genuine and concerted effort to rehabilitate
Ensure that any restrictions on RTW (return to work) are necessary for OHS and are non-discriminatory
Ensure light duties are temporary
In assessing ability to perform role, consider the job as a whole
If employee is unable to return to duties, assess alternative position
Record all meetings and decisions in writing
Base all decisions on sufficient evidence, including reliable medical reports.

What are the consequences if you don't comply?

You may be penalised under the Acts listed at the top of the page.

Who will help you?

Independent Schools Victoria contact:

Kerri Knopp
Director, Strategic Relations
Ph. 03 9825 7210
kerri.knopp@ais.vic.edu.au

Sandro Mazzotta
Senior Workplace Relations Adviser
Ph: 03 9825 7206
sandro.mazzotta@ais.vic.edu.au

Sarah Matar
Workplace Relations Adviser
03 9825 7215
sarah.matar@ais.vic.edu.au