SRC Act section 36, plain-English definition from TheAICommand
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What is section 36 of the SRC Act?

Section 36 of the SRC Act 1988 (Cth) lets a rehabilitation authority arrange an assessment of an employee's capability of undertaking a rehabilitation program, and requires one when the employee asks in writing. It is a distinct step from a section 37 program.

Quick answer

Section 36 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) empowers the rehabilitation authority to arrange, at any time, an assessment of an injured employee's capability of undertaking a rehabilitation program, and obliges it to arrange one on the employee's written request. Refusing an examination without reasonable excuse suspends compensation rights.

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What does section 36 of the SRC Act do?

Section 36 of the Safety, Rehabilitation and Compensation Act 1988 (Cth), current compilation on the Federal Register of Legislation, governs assessment of an injured employee's capability of undertaking a rehabilitation program. The rehabilitation authority may arrange an assessment at any time, and must arrange one on the employee's written request. It may require an examination, complying with the approved Rehabilitation Assessments and Examinations Guide (section 36(3A)).

Who does it bind?

Rehabilitation authorities: Comcare for exempt authority employees, otherwise the principal officer of the employing entity, Commonwealth authority, licensed authority or licensed corporation (section 4(1)). The relevant authority pays examination and associated journey costs.

What do practitioners get wrong?

Conflating the section 36 assessment with the section 37 program: they are distinct steps, and the section 36(8) written assessment feeds the later program determination. Practitioners also miss that the employee's written request removes the authority's discretion, and that a section 36(4) suspension does not suspend medical treatment compensation payable under section 16 (section 36(4A)).

Where does AI use touch it?

Assessment referrals generate dense medical material that AI can organise, never decide. See AI support for section 36 rehabilitation assessments and handling reasonable excuse questions under the SRC Act with AI. Suspension decisions under section 36(4) require human judgement on the excuse offered.

Bottom line

Section 36 is the gateway assessment step in the SRC Act rehabilitation scheme: discretionary for the authority, mandatory on the employee's written request, enforceable by suspension, and always distinct from the section 37 program that may follow.

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Frequently asked questions

Who can require a rehabilitation assessment under section 36?
The rehabilitation authority, which is Comcare for exempt authority employees and otherwise the principal officer of the employing entity, authority or licensee. It may arrange an assessment at any time and must arrange one on the employee's written request (section 36(1)).
What happens if an employee refuses a section 36 examination?
Refusal or failure without reasonable excuse, or obstruction, suspends the employee's rights to compensation and related proceedings until the examination takes place (section 36(4)). Section 36(4A) preserves compensation for medical treatment costs payable under section 16.
How is section 36 different from section 37?
Section 36 is the assessment step: a qualified person or panel assesses capability and gives a written assessment under section 36(8). Section 37 is the separate program step, where the rehabilitation authority determines that a program be undertaken, having regard to that assessment.

Primary sources

Where s36 appears

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General information and education only. Not legal, compliance, financial, or professional advice. Always confirm obligations against the primary source and current regulator guidance.