Yes. SIRA’s Key employer obligations and penalties table, updated 29 July 2026, says a NSW cleaning employer in Category 1 (Cat 1) must have a return-to-work coordinator under clause 19 of the Workers Compensation Regulation 2016; Category 2 employers are not subject to that particular requirement (figures checked 1 October 2026). For the Cat 1 coordinator obligation, the same table lists an Employer Improvement Notice, no separate penalty and a maximum court penalty of 20 penalty units. The coordinator is one component of the wider return-to-work framework, not a replacement for the employer’s program and post-injury duties.
What does the coordinator do in the broader framework?
The cited SIRA entry establishes that a Cat 1 employer must have a coordinator, but it does not provide a detailed job description, qualification requirement or list of tasks assigned only to that role.
The coordinator sits within the employer’s wider systems for protecting workers’ health, safety and welfare and supporting a timely, safe and durable return to work after injury. The employer must still meet its separate obligations to establish and make accessible a return-to-work program, manage workplace injuries with the insurer and provide suitable employment where reasonably practicable.
What sits alongside the coordinator obligation?
SIRA’s table summarises these connected employer obligations:
| Employer requirement | What it covers | Legal reference |
|---|---|---|
| Establish a return-to-work program | The requirement has Cat 1 and Cat 2 entries, so it is not limited to Cat 1 employers | Workplace Injury Management and Workers Compensation Act 1998, section 52; Workers Compensation Regulation 2016, clauses 11–14 |
| Display or notify the program | Workers must be able to access the program, subject to the Cat 2 exception below | Section 52(2)(c) and (d); clauses 16A, 17 and 18 |
| Notify the insurer of an injury | Notice is required within 48 hours after the employer becomes aware of the workplace injury | Section 44(2); clause 36 |
| Follow the insurer’s injury-management requirements | The employer must comply with the insurer’s injury-management program and cooperate to develop an injury-management plan | Sections 43(5) and 46 |
| Provide suitable employment | Required if it is reasonably practicable | Section 49 |
These are separate employer obligations. The SIRA table does not state that the coordinator alone performs each action or replaces the employer or insurer.
Does a Category 2 employer still have return-to-work duties?
Yes. Category 2 status removes the particular requirement to have a return-to-work coordinator, but it does not remove the obligation to establish a return-to-work program.
The display or notification obligation also applies, except that SIRA says it does not apply to a Cat 2 employer that makes other arrangements for workers to access the program. Separate post-injury duties, including notifying the insurer and cooperating with injury management, also remain part of the employer framework.
What happens if a Cat 1 employer has no coordinator?
SIRA’s entry gives the following enforcement information:
| SIRA listing | Cat 1 coordinator obligation |
|---|---|
| Employer Improvement Notice | Yes |
| Separate penalty | No |
| Maximum court penalty | 20 penalty units |
The 20 penalty units is the maximum court penalty listed for this obligation, not an automatic charge whenever a coordinator is missing. A separate penalty is not listed for the coordinator obligation, while an Employer Improvement Notice is available.
How can a cleaning employer confirm its category?
The cited SIRA table sets out different duties for Cat 1 and Cat 2 employers but does not state the classification test for deciding whether a particular cleaning employer belongs to either category. Do not infer the category solely from the fact that the business provides cleaning services.
SIRA says its tables reflect legislative changes under the 2025 and 2026 reforms and warns that website content may change as further reforms are implemented. Check the current regulator page before relying on these requirements, and review your policy’s PDS separately for insurance and injury-management terms.
This is general information, not legal or financial advice.
Sources
FAQ
Does every NSW cleaning employer need a return-to-work coordinator?
No. Clause 19 applies to Cat 1 employers only. A Cat 2 employer does not have that particular coordinator obligation, although its other return-to-work and injury-management duties continue.
Does Category 2 status remove the return-to-work program requirement?
No. A Cat 2 employer must still establish a return-to-work program. The display or notification requirement also applies unless the employer makes other arrangements for workers to access the program.
Is the maximum of 20 penalty units an automatic penalty?
No. It is the maximum court penalty listed for failure to have a Cat 1 coordinator. SIRA’s entry lists no separate penalty for that obligation, but it does list an Employer Improvement Notice.
Is the coordinator solely responsible for return-to-work outcomes?
No. The coordinator is part of the wider framework. The employer remains responsible for establishing the program, supporting a safe return to work, meeting insurer requirements and providing suitable employment where reasonably practicable.
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