Victoria return to work code 1: plan suitable duties with the injured worker

This code explains sections 103–105 of the Workplace Injury Rehabilitation and Compensation Act 2013: providing employment, planning the return and consulting. To the extent reasonable, suitable employment is required for a worker with current capacity during the employment obligation period; an officer with no continuing incapacity should be offered the same or equivalent work where the duty applies.

Practical steps

Start with current capacity and the work actually proposed. Identify restrictions, consider workplace modifications and make a plan with specific tasks, hours and review dates. Consult the worker directly, the treating practitioner with consent, and the occupational rehabilitation provider if involved. Review the plan as capacity and duties change.

For example, an officer cleared only for limited duties should not be handed an ordinary roster with an informal promise that tasks will be adjusted. Specify which duties are suitable, who will ensure they stay within capacity, and how progress will be reviewed. The 52-week employment obligation period is an aggregate statutory period with triggers and exceptions, not simply a year from the date of injury.

Status and source

WorkSafe Victoria lists this version as published 19 December 2019. This is a return-to-work compliance code under the WIRC Act, not an OHS compliance code. Following it gives deemed compliance only with the duties covered; other lawful methods may be used. Read the current WorkSafe resource page and the official PDF. The original is linked rather than republished because WorkSafe’s PDF licence restricts dissemination for profit. General information only.