Hi Renata – Several of my DWG members are due to return to work after mental health injury claims and our workplace does not have a return to work coordinator. Is this a breach of the law? What can I do as an HSR?
Your employer has a legal obligation to help injured workers return to work – part of those obligations is to appoint a Return to Work (RTW) coordinator. What that looks like will vary from employer to employer.
WorkSafe Victoria has a whole compliance code about RTW coordinators - Compliance code 2 of 4: Return to work coordinators | WorkSafe Victoria – to guide employers in fulfilling their legal duties to injured workers.
When planning for the return of injured workers employers must appoint a RTW coordinator who has an appropriate level of seniority and is competent – this is legislated at s.106 of the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act). Whether or not that RTW coordinator has to be full time or part-time/contracted depends on the payroll size of the business.
Seniority means that they are empowered to speak on behalf of, and make return to work related decisions for, the employer, including doing the following:
- plan the return to work and make return to work related decisions to progress an injured worker’s return to work
- identify and propose suitable or pre-injury employment
- consult with the parties involved in the return to work being the injured worker, the injured worker’s treating health practitioner (subject to the consent of the worker) and occupational rehabilitation provider (where involved)
- act as a point of contact for a RTW Inspector, if requested to do so by the employer
- deal with any of a RTW Inspector’s requests
- liaise with any other people as required about return to work related matters including those within the organisation such as managers and supervisors, and
- participate in the resolution of return to work issues in accordance with the applicable procedure.
Whilst RTW coordinator training is currently not required, WorkSafe “highly recommends that the nominated coordinators complete the two-day role of a return to work coordinator training course.” It should be noted that this will soon change., The Workplace Injury Rehabilitation and Compensation Amendment Act passed in August 2025 introduced new obligations on employers to ensure that their RTW coordinator completes approved training within the required period or holds an approved qualification, unless the employer has a reasonable excuse for not doing so. What this training looks like is currently being finalised, with an effective commencement date of no later than 1 July 2027.
A person is deemed competent to assist an employer to meet their obligations under Part4 Return to Work if the person has knowledge, skills or experience relevant to planning for return to work, including (but not limited to):
- knowledge of the obligations of employers and workers under Part 4 of the Act; and
- knowledge of the compensation scheme provided for under the Act and the Accident Compensation Act 1985 and the functions of the Authority and, if relevant, self-insurers under this Part.
Appointing a RTW Coordinator means the employer has identified a suitable person and has advised them, preferably in writing, of their appointment as a RTW Coordinator. Section 107 of the WIRC Act requires the name and contact details of the RTW Coordinator to be made available to the employer’s workers, if applicable. This can be done by recording the details in relevant workplace policies, records and notices.
If your employer does not engage a RTW coordinator promptly when required, we urge you to call WorkSafe on 1800 136 089 immediately and to contact your union for support and guidance.
As an HSR you can help your injured DWG members in their RTW journey by using your rights and powers under the Occupational Health and Safety Act 2004 (OHS Act). Workers have the right to be represented, assisted, and supported during return-to-work process, and as their HSR you can accompany and consult with them when they are meeting with your employer to discuss their RTW plan. Download our Return to Work Guide for HSRs to be better equipped to ensure that RTW arrangements are fair, sustainable and set up for success in your workplace.
If you have any questions about OHS we encourage to fill out an Ask Renata query and one of our officials will get back to you shortly. Alternatively give Ask Renatabot a try!