What Happens If Your Employer Has No Suitable Duties? A State-by-State Guide Across Australia

When a worker is injured and cannot return to their normal role straight away, one of the most common questions is: what happens if the employer says there are no suitable duties available?

Many workers assume that means the claim is over, payments stop, or there is nothing else that can be done. In reality, that is not automatically the case. Across Australia, most workers’ compensation systems require employers to genuinely consider modified duties, reduced hours, alternative tasks, or other reasonable return-to-work options before simply saying “nothing is available.”

The Core Principle Across Australia

Although each state and territory has its own laws, the general approach is similar:

• Support recovery and safe return to work

• Provide suitable duties where possible

• Consider workplace modifications

• Work with doctors, insurers, and rehabilitation providers

• Only refuse duties where it is not reasonably practicable or another legal exception applies

That means an employer often needs more than just a verbal statement saying there is no work.

What “Suitable Duties” Usually Means

Suitable duties may include:

• Light duties

• Reduced lifting or physical work

• Office or admin tasks

• Different hours or shorter shifts

• Temporary alternate positions

• Gradual return-to-work programs

These duties are meant to match your current medical capacity while supporting recovery.

State-by-State Snapshot

Victoria

Employers generally have obligations to provide suitable employment where reasonable during the employment obligation period. They should show they considered alternatives, not just reject duties outright.

New South Wales

Employers must provide suitable work unless it is not reasonably practicable. Evidence may be required to justify refusal.

Queensland

Employers may need to notify the insurer in writing if they believe suitable duties are not practicable, including evidence supporting that position.

South Australia

Strong obligations exist around suitable employment, and employers may need to prove why duties were not reasonably practicable.

Tasmania

There are provisions about keeping positions open for injured workers for a period of time, subject to exceptions.

If Your Employer Says “No Duties Available”

Ask these questions:

1. What duties were considered?

2. Were reduced hours considered?

3. Were temporary tasks considered?

4. Was my doctor’s certificate reviewed properly?

5. Has the insurer been informed?

6. Can I dispute this decision?

What You Can Do Next

If you believe your employer has not properly considered suitable duties:

• Speak with your insurer or case manager

• Ask for the reasons in writing

• Request a return-to-work meeting

• Get updated medical evidence

• Contact your union or lawyer

• Seek dispute resolution through your state scheme

Important Reminder

“No suitable duties” does not always mean no options exist. In many cases, employers must show they genuinely considered alternatives before refusing a return-to-work arrangement.

Final Thought

Workers recovering from injury should not feel pushed aside simply because returning to the exact old role is not possible immediately. Suitable duties are designed to bridge the gap between injury and recovery—and in many cases, employers are expected to seriously explore them.