{"id":"return-to-work-act-2014","name":"Return to Work Act 2014","slug":"return-to-work-act-2014","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106632,"registerId":"sa-return-to-work-act-2014-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Key principles, concepts and requirements","content":"Part 2—Key principles, concepts and requirements\n","sortOrder":0},{"sectionNumber":"Div 1","sectionType":"division","heading":"Connection with employment","content":"Division 1—Connection with employment\n7—Injury must arise from employment\n\t(1)\tThis Act applies to an injury if (and only if) it arises from employment.\n\t(2)\tSubject to this section, an injury arises from employment if—\n\t(a)\tin the case of a physical injury—the injury arises out of or in the course of employment and the employment was a significant contributing cause of the injury; and\n\t(b)\tin the case of a psychiatric injury—\n\t(i)\tthe psychiatric injury arises out of or in the course of employment and the employment was the significant contributing cause of the injury; and\n\t(ii)\tthe injury did not arise wholly or predominantly from any action or decision designated under subsection (4).\n\t(3)\tIn connection with the application of subsection (2) to an injury that is, or results from, the aggravation, acceleration, exacerbation, deterioration or recurrence of a prior injury (a prescribed event)—\n\t(a)\tin the case of an injury other than a psychiatric injury—employment must be a significant contributing cause of the prescribed event; and\n\t(b)\tin the case of a psychiatric injury—\n\t(i)\temployment must be the significant contributing cause of the prescribed event; and\n\t(ii)\tthe prescribed event must not arise wholly or predominantly from any action or decision designated under subsection (4),\nand then the injury is only compensable to the extent of and for the duration of the relevant aggravation, acceleration, exacerbation, deterioration or recurrence.\n\t(4)\tThe following are designated for the purposes of subsection (2)(b)(ii) and (3)(b)(ii):\n\t(a)\treasonable action taken in a reasonable manner by the employer to transfer, demote, discipline, counsel, retrench or dismiss the worker or a decision of the employer not to renew or extend a contract of service;\n\t(b)\ta decision of the employer, based on reasonable grounds, not to award or provide a promotion, transfer or benefit in connection with the worker's employment;\n\t(c)\treasonable administrative action taken in a reasonable manner by the employer in connection with the worker's employment;\n\t(d)\treasonable action taken in a reasonable manner under this Act affecting the worker.\n\t(5)\tFor the purposes of this Act, a worker's employment includes—\n\t(a)\tattendance at the worker's place of employment on a working day but before the day's work begins in order to prepare, or be ready, for work; and\n\t(b)\tattendance at the worker's place of employment during an authorised break from work; and\n\t(c)\tattendance at the worker's place of employment but after work ends for the day while the worker is preparing to leave, or in the process of leaving, the place; and\n\t(d)\tattendance at an educational institution under the terms of an apprenticeship or other legal obligation, or at the employer's request or with the employer's approval; and\n\t(e)\tattendance at a place to receive a medical service, to obtain a medical report or certificate (or to be examined for the purpose), to receive recovery/return to work services or for the purposes of a recovery/return to work plan, or to apply for, or receive, compensation for a work injury.\n\t(6)\tAny injury attributable to surgery or other treatment or service performed with due care and skill by a person professing to have particular skills and undertaken or provided while attending at a place referred to in subsection (5)(e) will be taken to constitute part of the original work injury.\n\t(7)\tAn injury does not arise from employment if it arises out of or in the course of the worker's involvement in a social or sporting activity, except where the activity forms part of the worker's employment or is undertaken at the direction or request of the employer.\n\t(8)\tAn injury that arises out of or in the course of a journey arises from employment if (and only if)—\n\t(a)\tthe journey is undertaken in the course of carrying out duties of employment; or\n\t(b)\tthe journey is between—\n\t(i)\tthe worker's place of residence and place of employment; or\n\t(ii)\tthe worker's place of residence or place of employment and—\n\t(A)\tan educational institution the worker attends under the terms of an apprenticeship or other legal obligation, or at the employer's request or with the employer's approval; or\n\t(B)\ta place the worker attends to receive a medical service, to obtain a medical report or certificate (or to be examined for that purpose), to receive recovery/return to work services or for the purposes of a recovery/return to work plan, or to apply for, or receive, compensation for a compensable injury,\nand there is a real and substantial connection between the employment and the journey being undertaken at the time of the accident out of which the injury arises.\n\t(9)\tHowever, the fact that a worker has an accident in the course of a journey to or from work does not in itself establish a sufficient connection between the accident and the employment for the purposes of subsection (8)(b).\n\t(10)\tThe journey between places mentioned in subsection (8)(b) must be a journey by a reasonably direct route but may include an interruption or deviation if it is not, in the circumstances of the case, substantial, and does not materially increase the risk of injury to the worker.\n\t(11)\tIf—\n\t(a)\ta worker's injury consists of the aggravation, acceleration, exacerbation, deterioration or recurrence of a pre-existing coronary heart disease; and\n\t(b)\tthe injury arises in the course of employment,\nit will be presumed, in the absence of proof to the contrary, that the employment was a significant contributing cause of the injury.\n8—Effect of misconduct etc\n\t(1)\tA worker who is acting in connection with, and for the purposes of, the employer's trade or business is presumed to be acting within his or her employment despite the fact that—\n\t(a)\tthe worker is acting in contravention of a statutory or other regulation applicable to the employment; or\n\t(b)\tthe worker is acting without, or in contravention of, instructions from the employer.\n\t(2)\tHowever, a worker will not be entitled to receive any services or benefits under this Act in relation to an injury if—\n\t(a)\tthe worker is guilty of misconduct or acts in contravention of instructions from the employer during the course of an attendance under section 7(5); or\n\t(b)\tit is established on the balance of probabilities that the injury is wholly or predominantly attributable to—\n\t(i)\tserious and wilful misconduct on the part of the worker; or\n\t(ii)\tthe influence of alcohol or a drug voluntarily consumed by the worker (other than a drug lawfully obtained and consumed in a reasonable quantity by the worker).\n\t(3)\tSubsection (2)(a) does not apply in a case of death or permanent total incapacity for work and subsection (2)(b) does not apply in the case of death or serious and permanent injury.\n9—Evidentiary provision\n\t(1)\tSubject to this section, an injury is not compensable under this Act unless it is established on the balance of probabilities that it arises from employment.\n\t(2)\tSubsection (1) operates—\n\t(a)\tsubject to the qualification that if a worker suffers an injury of a kind referred to in the first column of Schedule 2 and has been employed in work of a type referred to in the second column of Schedule 2 opposite the injury, the worker's injury is presumed, in the absence of proof to the contrary, to have arisen from employment; and\n\t(b)\tsubject to Schedule 3.\n\t(3)\tIf a worker retires or is retired from employment on account of age or ill‑health and the worker makes a claim for noise induced hearing loss after the expiration of 2 years from the date of the retirement, subsection (2)(a) does not apply in relation to that claim.\n\t(4)\tA regulation made on the recommendation, or with the approval, of the Corporation or the Advisory Committee may—\n\t(a)\textend the operation of subsection (2)(a) to injuries and types of work prescribed in the regulation;\n\t(b)\textend the operation of Schedule 3 to an injury and corresponding qualifying period prescribed in the regulation.\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"Connection with State","content":"Division 2—Connection with State\n10—Territorial application of Act\n\t(1)\tThis Act applies to a worker's employment if (and only if) that employment is connected with this State.\n\t(2)\tThe fact that a worker is outside this State when an injury occurs does not prevent an entitlement to compensation arising under this Act in respect of employment that is connected with this State.\n\t(3)\tA worker's employment is connected with—\n\t(a)\tthe State in which the worker usually works in that employment; or\n\t(b)\tif no State or no one State is identified by paragraph (a), the State in which the worker is usually based for the purposes of that employment; or\n\t(c)\tif no State or no one State is identified by paragraph (a) or (b), the State in which the employer's principal place of business in Australia is located.\n\t(4)\tIn the case of a worker working on a ship, if no State or no one State is identified by subsection (3), a worker's employment is, while working on a ship, connected with the State in which the ship is registered or (if the ship is registered in more than 1 State) the State in which the ship most recently became registered.\n\t(5)\tIf no State is identified by subsection (3) or (if applicable) (4), a worker's employment is connected with this State if—\n\t(a)\ta worker is in this State when the injury occurs; and\n\t(b)\tthere is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter.\n\t(6)\tIn deciding whether a worker usually works in a State—\n\t(a)\tregard must be had to the worker's work history with the employer over the preceding 12 months and the intentions of the worker and employer; but\n\t(b)\tregard must not be had to any temporary arrangement under which the worker works in a State for a period of not longer than 6 months.\n\t(7)\tSubject to subsection (6), in determining whether a worker usually works in a State or is usually based in a State for the purposes of employment, regard must be had to any period during which a worker works in a State or is in a State for the purposes of employment whether or not under the statutory workers compensation scheme of that State the person is regarded as a worker or as working or employed in that State.\n\t(8)\tCompensation under this Act does not apply in respect of the employment of a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 of the Commonwealth applies to the worker's employment.\n\t(9)\tIn this section—\nship means any kind of vessel used in navigation by water, however propelled or moved, and includes—\n\t(a)\ta barge, lighter, or other floating vessel; and\n\t(b)\tan air-cushion vehicle, or other similar craft,\nused wholly or primarily in navigation by water;\nState includes a Territory and, in a geographical sense, a State's or Territory's relevant adjacent area as described in Schedule 4.\n11—Determination of State with which worker's employment is connected in proceedings under this Act\n\t(1)\tIf the question of whether this State is connected with a worker's employment arises in proceedings in the Tribunal or a court in relation to a claim for compensation under this Act, the Tribunal or court must—\n\t(a)\tdetermine the State with which the worker's employment is connected in accordance with section 10; and\n\t(b)\tcause that determination to be entered in its records.\n\t(2)\tThe Tribunal must, in determining a question under subsection (1), be constituted of 1 or more presidential members and if the question arises in proceedings that are not before a presidential member (or presidential members) then the question is to be referred, on an interlocutory basis, to a presidential member of the Tribunal.\n\t(3)\tSubsection (1) does not apply if there is a determination that is to be recognised under section 12.\n12—Recognition of previous determinations\n\t(1)\tIf a determination of the State with which a worker's employment is connected has been made—\n\t(a)\tby the Tribunal or a court under section 11; or\n\t(b)\tby a designated court under a provision of a law that corresponds with section 11, or under another provision of a law prescribed by the regulations for the purposes of this provision; or\n\t(c)\tby a court of this State or another State in the course of proceedings that are relevant to the application of this Act or a corresponding law, or that relate to a claim for compensation or damages,\nthe State so determined is to be recognised for the purposes of this Act as the State with which the worker's employment is connected.\n\t(2)\tThis section does not prevent any appeal relating to any such determination and if the determination is altered on appeal, the altered determination is to be recognised under subsection (1).\ndesignated court means—\n\t(a)\tthe Supreme Court of a State in which a corresponding law is in force; or\n\t(b)\ta court, tribunal or other decision‑making body of a State in which a corresponding law is in force that is declared by the regulations to be a designated court for the purposes of this section;\nState includes a Territory.\n","sortOrder":2},{"sectionNumber":"Div 3","sectionType":"division","heading":"Fundamental principles, rights and obligations","content":"Division 3—Fundamental principles, rights and obligations\n13—The Corporation\n\t(1)\tThe Corporation, in acting under and for the purposes of this Act, must—\n\t(a)\tadopt a service‑orientated approach that is focused on early intervention and the interests of workers and employers; and\n\t(b)\tseek to act professionally and promptly in everything that it does; and\n\t(c)\tbe responsible and accountable in its relationships with others; and\n\t(d)\twithout limiting a preceding paragraph, take reasonable steps to comply with any request made by a worker under section 15(2).\n\t(2)\tThe Corporation must, in connection with subsection (1), develop and maintain plans or strategies that are designed to establish practices and procedures under which the specific circumstances of an injured worker and his or her employer will be addressed and with the objective of—\n\t(a)\tensuring early and timely intervention occurs to improve recovery and return to work outcomes including after retraining (if required); and\n\t(b)\tachieving timely, evidence based decision-making that is consistent with the requirements of this Act; and\n\t(c)\twherever possible, providing a face to face service where there is a need for significant assistance, support or services; and\n\t(d)\tensuring regular reviews are taken in relation to a worker's recovery and, where possible, return to work; and\n\t(e)\tensuring the active management of all aspects of a worker's injury and any claim under this Act; and\n\t(f)\tencouraging an injured worker and his or her employer to participate actively in any recovery and return to work processes; and\n\t(g)\tminimising the risk of litigation.\n\t(3)\tThe policies and principles set out in this section do not give rise to substantive rights or liabilities (compared to rights or liabilities established or prescribed under other relevant provisions of this Act).\n14—Service standards\nThe Corporation must adopt and apply the service standards set out in Schedule 5 (but these standards do not, in themselves, give rise to substantive rights or liabilities (compared to rights or liabilities established or prescribed under other relevant provisions of this Act)).\n15—Workers\n\t(1)\tA worker who has suffered a work injury is entitled to expect—\n\t(a)\tearly intervention by the Corporation in providing recovery and return to work services; and\n\t(b)\tthe Corporation to actively manage the worker's injury and claim and to provide services in a manner consistent with the requirements of this Act; and\n\t(c)\this or her employer to participate and cooperate in assisting the worker's recovery and return to work and to reasonably support the worker in receiving any benefit available under this Act.\n\t(2)\tA worker may reasonably request the Corporation to review the provision of any service to the worker under this Act or to investigate any circumstance where it appears that the worker's employer is not complying with any requirement of this Act as to the retention, employment or re‑employment of the worker.\n\t(3)\tA worker who has suffered a work injury must, in a manner consistent with the objects of this Act—\n\t(a)\tparticipate in all activities designed to enable the worker to recover and return to work as soon as is reasonably practicable; and\n\t(b)\twithout limiting paragraph (a)—\n\t(i)\tparticipate and cooperate in the establishment of a recovery/return to work plan; and\n\t(ii)\tcomply with obligations imposed on the worker by or under a recovery/return to work plan; and\n\t(c)\tensure that the Corporation is provided with current medical certificates (in the designated form provided by recognised health practitioners) with respect to any incapacity for work for which weekly payments are being made to the worker under this Act so as to provide evidence to support the continuation of those payments; and\n\t(d)\treturn to suitable employment when reasonably able to do so; and\n\t(e)\ttake reasonable steps to mitigate any possible loss on account of the work injury.\n\t(4)\tSubsection (3)(a), (b) and (d) will not apply in relation to a seriously injured worker (who may decide the extent to which he or she will seek to participate in any processes designed to have the worker return to work).\n\t(5)\tThis section does not give rise to substantive rights or liabilities (but nothing in this section detracts from rights or liabilities established or prescribed under other relevant provisions of this Act (including section 16)).\n16—Worker's duty to give notice of injury\n\t(1)\tIf a worker suffers a work injury, notice of that injury must be given—\n\t(a)\tto the employer by whom the worker is employed at the time of the occurrence of the injury; or\n\t(b)\tif the worker is not in employment or is self-employed—to the Corporation.\n\t(2)\tNotice of an injury should be given—\n\t(a)\tif practicable within 24 hours after the occurrence of the injury but, if that is not practicable, as soon as practicable after the occurrence of the injury;\n\t(b)\tif the worker is not, immediately after the occurrence of the injury, aware of the injury—as soon as practicable after the worker becomes so aware;\n\t(c)\tif the worker dies without having become so aware or before it is practicable to give such a notice—as soon as practicable after the worker's death.\n\t(3)\tNotice of an injury—\n\t(a)\tmay be given orally or in writing; and\n\t(b)\tshould specify to the best of the knowledge, information and belief of the person giving the notice—\n\t(i)\tthe day on which the injury occurred; and\n\t(ii)\tthe place at which the injury occurred; and\n\t(iii)\tthe nature of the injury; and\n\t(iv)\tthe cause of the injury.\n\t(4)\tFor the purposes of this section, notice of an injury will be taken to have been given to an employer if—\n\t(a)\tit is given to—\n\t(i)\tthe employer at any place of business of the employer; or\n\t(ii)\tany person under whose supervision the worker was employed at the time of the injury; or\n\t(iii)\tany person designated for the purpose by the worker's employer; or\n\t(b)\tit is given to the employer in the manner prescribed by the regulations.\n\t(5)\tA person by whom a notice under this section is given orally must, at the request of the person to whom the notice is given, complete a written statement in a form determined by the Corporation.\n\t(6)\tSubject to subsection (8), if an employer (not being a self-insured employer) receives notice of an injury given or purportedly given under this section the employer must, within 5 business days after the receipt of the notice, send a copy of the notice to the Corporation.\n\t(7)\tIf it appears from a notice under this section that the worker was not, at the date of the notice, in the employment of the employer from whose employment the injury arose, the Corporation must (where it is practicable to do so) send a copy of the notice to that employer.\n\t(8)\tThe Corporation may, by notice in the Gazette—\n\t(a)\texclude from the application of this section injuries of a class specified in the notice;\n\t(b)\tvary, in relation to cases of a specified class, the time at which an employer is required to report to the Corporation under this section.\n17—Employers\n\t(1)\tAn employer of a worker who has suffered a work injury is entitled to expect—\n\t(a)\tearly intervention by the Corporation in providing recovery and return to work services to the worker; and\n\t(b)\tthe Corporation to act fairly and reasonably in a manner consistent with the requirements of this Act; and\n\t(c)\tsupport in managing claims and the provision of services available to the worker under this Act.\n\t(2)\tThe employer of a worker who has suffered a work injury must, in a manner consistent with the objects of this Act, so far as is reasonably practicable—\n\t(a)\tsupport the worker in the worker's participation in activities designed to enable the worker to recover and return to work; and\n\t(b)\twithout limiting paragraph (a)—\n\t(i)\tparticipate and cooperate in the establishment of any recovery/return to work plan that is required for the worker; and\n\t(ii)\tcomply with obligations imposed on the employer by or under a recovery/return to work plan for the worker; and\n\t(c)\ttake reasonable steps to mitigate any possible loss on account of the work injury.\n\t(3)\tThis section does not give rise to substantive rights or liabilities (but nothing in this section detracts from rights or liabilities established or prescribed under other relevant provisions of this Act (including section 18)).\n17A—Employer and Corporation not to be present at examination or treatment of worker without consent\n\t(1)\tSubject to this section, a worker's employer or the Corporation must not be present while a worker is—\n\t(a)\tbeing physically or clinically examined, or treated, by a health practitioner; or\n\t(b)\tundergoing any diagnostic examination or test required for the purposes of the worker's treatment by a health practitioner.\n\t(2)\tA worker's employer or the Corporation may be present while the worker is at an examination, treatment or testing referred to in subsection (1)(a) or (b)—\n\t(a)\tif the worker gives written agreement to their presence in the designated form; or\n\t(b)\tin circumstances prescribed by the regulations.\n\t(3)\tNothing in this section prevents a worker's employer or the Corporation from being present during a consultation involving the worker and a health practitioner for the purposes of discussing the worker's recovery and return to work.\n18—Employer's duty to provide work\n\t(1)\tIf a worker who has been incapacitated for work in consequence of a work injury is able to return to work (whether on a full-time or part-time basis and whether or not to his or her previous employment), including if the worker has ceased to be incapacitated for work in consequence of the work injury the employer from whose employment the injury arose (the pre‑injury employer) must provide suitable employment for the worker (the employment being employment for which the worker is fit and, subject to that qualification and this section, so far as reasonably practicable the same as, or equivalent to, the employment in which the worker was working immediately before the incapacity).\n\t(2)\tSubsection (1) does not apply if—\n\t(a)\tit is not reasonably practicable to provide employment in accordance with that subsection (and the onus of establishing that lies on the employer); or\n\t(b)\tthe worker left the employment of that employer before the commencement of the incapacity for work; or\n\t(c)\tthe worker terminated the employment after the commencement of the incapacity for work; or\n\t(ca)\tthe worker's employment with the pre-injury employer has been properly terminated on the ground of serious and wilful misconduct (and the onus of establishing that lies on the employer); or\n\t(d)\tnew or other employment options have been agreed to by the worker under section 25(10a); or\n\t(e)\tthe worker has otherwise returned to work with the pre‑injury employer or another employer.\n\t(3)\tA worker who has been incapacitated for work in consequence of a work injury who seeks employment with the pre-injury employer in accordance with this section must, for the purpose of seeking the employment—\n\t(a)\tgive written notice to the employer (a subsection (3) notice)—\n\t(i)\tconfirming that they are ready, willing and able to return to work with the employer; and\n\t(ii)\tproviding information about the type of employment that the worker considers that they are capable of performing; and\n\t(iii)\tif the worker was a labour hire worker at the time of the work injury, the injury arose from employment while the worker was supplied to a host employer and the worker seeks the host employer to cooperate with the pre-injury employer in the provision of suitable employment to the worker—containing a statement to that effect; and\n\t(b)\tcomply with any other requirements prescribed by the regulations.\n\t(4)\tA subsection (3) notice must be supported by evidence of the worker's capacity for work.\n\t(4a)\tA worker who gives a subsection (3) notice to their pre-injury employer must, if relevant, give the host employer a copy of the subsection (3) notice and the supporting evidence under subsection (4) as soon as is reasonably practicable after giving the notice to the pre-injury employer.\n\t(4b)\tThe pre-injury employer must, within 1 month of receiving a subsection (3) notice from a worker, notify the worker in writing whether they will provide the worker—\n\t(a)\twith suitable employment of the type the worker considers that they are capable of performing (as set out in the subsection (3) notice); or\n\t(b)\twith other suitable employment (being other suitable employment that the pre‑injury employer is willing to provide).\n\t(4c)\tIf the pre-injury employer—\n\t(a)\trefuses to provide the worker with suitable employment, the pre‑injury employer must set out in the notice under subsection (4b) the grounds on which the refusal is made; or\n\t(b)\tnotifies the worker that they will provide other suitable employment under subsection (4b)(b), the pre-injury employer must set out in the notice the reasons why—\n\t(i)\temployment of a kind referred to in subsection (4b)(a) is not being provided; and\n\t(ii)\tthe pre-injury employer considers the other suitable employment to be suitable.\n\t(4d)\tIf the pre-injury employer refuses or otherwise fails to provide suitable employment under this section, or the worker considers that any employment offered by the pre-injury employer under subsection (4b)(b) is not suitable, the worker may apply to the Tribunal for an order under subsection (5)—\n\t(a)\twithin 1 month after the date on which the pre-injury employer provided written notice under subsection (4b); or\n\t(b)\tif the pre-injury employer failed to provide written notice under subsection (4b)—within 1 month after the end of the 1 month period in which the employer was required to give the notice under that subsection.\n\t(4e)\tSubsections (1) to (4d) operate subject to the qualification that the worker cannot apply to the Tribunal for an order under subsection (5) if, at the time of giving a subsection (3) notice to the employer, the worker had ceased to be incapacitated for work in consequence of the work injury and did not give that notice within 6 months of ceasing to be incapacitated.\n\t(5)\tIf, on an application under subsection (4d), the Tribunal is satisfied that it is not unreasonable for the employer to provide employment to the worker, the Tribunal must order the employer to provide to the worker employment specified by the Tribunal unless the Tribunal, in the exercise of its adjudicative function, determines otherwise.\n\t(5a)\tIn making an order under subsection (5), the Tribunal may—\n\t(a)\tspecify any 1 or more of the following:\n\t(i)\tthe nature and range of duties to be provided in the suitable employment;\n\t(ii)\tthe nature of any adjustments the employer must make to enable the worker to perform those duties;\n\t(iii)\tthe number of hours each day or week that the worker is to be provided with suitable employment; and\n\t(b)\tas part of the order, order that any of the specified matters set out in paragraph (a) be implemented in stages, in accordance with a recovery/return to work plan or on some other reasonable basis.\n\t(5b)\tThe Tribunal may also, in making an order under subsection (5) in a case involving a worker who included a statement of a kind referred to in subsection (3)(a)(iii) in their subsection (3) notice, make any order it considers appropriate requiring the host employer to comply with subsection (16a) (and a host employer has the right to be heard in any proceedings in which such an order is sought).\n\t(5c)\tSubject to subsection (5d), the Tribunal may, in the case of an employer that is—\n\t(a)\ta member of a group of self‑insured employers comprised of related bodies corporate; or\n\t(b)\tthe Crown or an agency or instrumentality of the Crown,\nmake an order under subsection (5) that the employment be provided by—\n\t(c)\tif paragraph (a) applies, the pre‑injury employer or another member of the group (as specified in the order); or\n\t(d)\tif paragraph (b) applies, the Crown or an agency or instrumentality of the Crown.\n\t(5d)\tIn a case where subsection (5c)(a) applies and the Tribunal determines to make an order under subsection (5), the order should require that the employment be provided by the pre-injury employer unless there are good reasons for it to be provided by another member of a self-insured group.\n\t(5e)\tIf the Tribunal makes an order in favour of a worker under subsection (5), the Tribunal must make an order that the employer pay an amount (the prescribed amount) to the worker to reflect the wages or salary the worker would have been expected to receive in the suitable employment if it were provided during the period from the day on which the worker provided the subsection (3) notice to the employer until the making of the order (the relevant period).\n\t(5f)\tIn determining the prescribed amount, the Tribunal must—\n\t(a)\tapply the principle that the purpose of ordering the payment of the prescribed amount is to put the worker in the financial position that they would have been in, in terms of relevant remuneration during the relevant period, if the suitable employment had been provided during the relevant period; and\n\t(b)\tadopt the worker's notional weekly earnings during the relevant period for the purposes of the determination, unless the Tribunal is satisfied that there is good reason to adopt a different amount to represent the worker's weekly earnings during the relevant period (or part of the period); and\n\t(c)\tin relation to any part of the relevant period where the worker was entitled to weekly payments under Part 4 Division 4, order payment of an amount that represents the difference between—\n\t(i)\tthe relevant remuneration the worker would have been entitled to receive if the suitable employment had been provided during the period; and\n\t(ii)\tthe weekly payments the worker received during the period; and\n\t(d)\tin relation to any part of the relevant period where the worker was not entitled to weekly payments under Part 4 Division 4, take into account any remuneration earned by the worker from employment or other work during the period.\n\t(5g)\tFor the purposes of subsection (5f), relevant remuneration during the relevant period means the sum of—\n\t(a)\tthe wages or salary the worker would have been expected to receive from suitable employment during that period (determined in accordance with subsection (5f)(b)); and\n\t(b)\tany weekly payments the worker would have been entitled to receive under Part 4 Division 4 during that period if the worker had received the wages or salary referred to in paragraph (a).\n\t(5h)\tDespite subsection (5e) or (5f), the Tribunal may reduce the prescribed amount in a particular case having regard to the circumstances of the case.\n\t(6)\tA party (other than the relevant compensating authority) to proceedings before the Tribunal under this section is entitled, subject to subsections (8) and (9) and any limits prescribed by regulation, to an award against the relevant compensating authority for the party's reasonable costs of the proceedings before the Tribunal.\n\t(7)\tAn award of legal costs cannot exceed 85% of the amount that would be allowable under the relevant Supreme Court scale if the proceedings were in the Supreme Court.\n\t(7a)\tOn receiving an application to the Tribunal under this section, the Registrar must immediately send copies of the application to the other parties to the proceeding and to the relevant compensating authority.\n\t(7b)\tWithin 21 days of receiving a copy of an application under subsection (7a), the compensating authority must provide to the Tribunal any document or thing in the relevant compensating authority's possession or control relevant to the application.\n\t(7c)\tThe Tribunal may, in acting under this section—\n\t(a)\thear and determine an application concurrently with another proceeding under this Act; and\n\t(b)\tdetermine whether the worker has been incapacitated for work in consequence of a work injury if that question has not been previously determined (and in those circumstances the relevant compensating authority has the right to be heard on that question).\n\t(7d)\tThe Tribunal, in making an order under subsection (5), is not limited to considering only employment of the type the worker nominated in the subsection (3) notice and may take into account any change in capacity for work after the making of the application to the Tribunal or any other evidence before the Tribunal.\n\t(8)\tCosts may only be awarded to cover—\n\t(a)\tthe cost of representation by a legal practitioner or an officer or employee of an industrial association; and\n\t(b)\tcosts of a kind authorised by the regulations that were reasonably incurred.\n\t(9)\tIf the Tribunal is of the opinion that a party acted unreasonably, frivolously or vexatiously in bringing or in relation to the conduct of proceedings under subsection (5), the Tribunal may—\n\t(a)\tdecline to make an award of costs in favour of the party and may (if it thinks fit) make an award of costs against the party; or\n\t(b)\treduce the amount of the award of costs to which the party would otherwise have been entitled.\n\t(10)\tSubject to subsection (11), an award of costs to cover professional advice or assistance may, if the Tribunal considers appropriate, be made in favour of the person who provided the professional advice or assistance.\n\t(11)\tAn award of costs to cover the cost of representation by an officer or employee of an industrial association are payable to the industrial association.\n\t(12)\tIf—\n\t(a)\tthe Tribunal orders an employer to provide employment to a worker under subsection (5); and\n\t(b)\tthe employer fails to comply with that order; and\n\t(c)\tthe worker applies to the Corporation for financial support under subsection (13),\nthe Corporation must, subject to subsection (14), provide financial support to the worker under subsection (13).\n\t(13)\tThe financial support will be in the form of weekly payments that represent the weekly amounts that the worker would be expected to receive from the employer if the employer complied with the order of the Tribunal.\n\t(14)\tThe Corporation is not required to make a payment under subsection (13) in respect of a failure on the part of the employer after the end of the period of 104 weeks from the date on which the incapacity for work referred to in subsection (3) first occurred (the prescribed period) and any liability of the Corporation to provide financial support to the worker under subsection (13) ceases at the end of the prescribed period.\n\t(15)\tThe Corporation may recover any amount paid to a worker under subsection (13), together with interest at the prescribed rate, as a debt from the employer in default.\n\t(16)\tNothing in this section—\n\t(a)\tlimits any other penalty or liability that may be imposed on the employer under this or any other Act or law on account of the employer's failure to comply with an order of the Tribunal; or\n\t(b)\tderogates from any obligation of the employer to pay wages to the worker under this or any other Act or law.\n\t(16a)\tA host employer must co-operate with a labour hire employer in respect of action taken by the labour hire employer to comply with its obligation under this section to provide suitable employment to a worker, to the extent that it is reasonably practicable to do so, by—\n\t(a)\tcommunicating with a labour hire employer about co-operation in the provision of any suitable employment requested by a worker under a subsection (3) notice; and\n\t(b)\tparticipating in discussions with the employer and the worker about the return to work planning, including in relation to the establishment of a recovery/return to work plan; and\n\t(c)\tproviding the labour hire employer, the worker and other parties involved in the return to work process with access to the workplace, including for the performance of duties by the worker in their employment with the labour hire employer; and\n\t(d)\tcomplying with any other requirements prescribed by the regulations.\n\t(16b)\tNothing in subsection (16a) requires a host employer to enter into an employment relationship with a worker.\n\t(16c)\tThe duty to provide suitable employment under subsection (1) extends—\n\t(a)\tin the case of a pre-injury employer that is a member of a group of self-insured employers comprised of related bodies corporate—to each of the related bodies corporate in the group; and\n\t(b)\tin the case of a pre-injury employer that is an agency or instrumentality of the Crown that is taken under section 130 to be registered as a self-insured employer—to all such agencies or instrumentalities of the Crown.\n\t(16d)\tDespite subsection (3), if the pre-injury employer is a member of a group of self-insured employers comprised of related bodies corporate the subsection (3) notice may be given to the employer in the group nominated under section 129(12).\nhost employer, in relation to a labour hire worker, means the person who obtained, at the time of the occurrence of the relevant work injury, the services of the worker as part of labour hire services (within the meaning of section 7 of the Labour Hire Licensing Act 2017);\nlabour hire employer, in relation to a labour hire worker, means the employer who has supplied, at the time of the occurrence of the relevant work injury, the services of the worker to the host employer as part of labour hire services (within the meaning of section 7 of the Labour Hire Licensing Act 2017);\nlabour hire worker has the same meaning as in the Labour Hire Licensing Act 2017;\nrelated bodies corporate—bodies corporate are related bodies corporate if they are related bodies corporate under section 50 of the Corporations Act 2001 of the Commonwealth;\nrelevant compensating authority means the Corporation or a self-insured employer, depending on which entity has paid compensation under this Act, or is liable to pay compensation under this Act, in the particular case.\n19—Payment of wages for alternative or modified duties\nIf a worker who has been incapacitated for work in consequence of a work injury undertakes alternative or modified duties under employment or an arrangement that falls outside the worker's contract of service for the employment from which the injury arose, the employer must pay an appropriate wage or salary in respect of those duties.\n19A—Jurisdiction to determine monetary claims\n\t(1)\tThe Tribunal (constituted as the South Australian Employment Court) has jurisdiction to hear and determine monetary claims for wages or salary payable under section 19.\n\t(2)\tThe Tribunal may only, in the exercise of jurisdiction under this section, make an order for costs where costs may be ordered in a monetary claim under the Fair Work Act 1994.\n\t(3)\tIn determining an amount on a claim under this section, the Tribunal must take into account any weekly payments the worker was entitled to receive over the period in relation to which the claim relates.\n\t(4)\tA claim under this section must be made within 6 years after the sum claimed became payable.\n\t(5)\tNothing in this section limits the jurisdiction of the Tribunal under the Fair Work Act 1994.\n20—Additional requirement with respect to termination of employment\n\t(1)\tIf a worker has suffered a work injury, the employer from whose employment the injury arose must not terminate the worker's employment without first giving the Corporation and the worker at least 28 days notice of the proposed termination.\n\t(2)\tHowever, notice of termination is not required under this section if—\n\t(a)\tthe employment is properly terminated on the ground of serious and wilful misconduct; or\n\t(b)\tthe worker is neither participating in a recovery/return to work plan, nor receiving compensation, for the work injury; or\n\t(c)\tthe worker's rights to compensation for the injury have been exhausted or the time for making a claim for compensation has expired.\n\t(3)\tThe burden of establishing that an employer terminated a worker's employment on the ground of serious and wilful misconduct lies on the employer.\n","sortOrder":3},{"sectionNumber":"Div 4","sectionType":"division","heading":"Seriously injured workers","content":"Division 4—Seriously injured workers\n21—Seriously injured workers\n\t(1)\tThis Act makes special provision in a number of places for seriously injured workers.\n\t(2)\tFor the purposes of this Act, a seriously injured worker is a worker—\n\t(a)\tin the case of psychiatric injury—whose work injury or injuries have resulted in permanent impairment and the degree of whole person impairment has been assessed under Division 5 for the purposes of this Act to be 30% or more; or\n\t(b)\tin the case of physical injury—whose work injury or injuries have resulted in permanent impairment and the degree of whole person impairment has been assessed under Division 5 for the purposes of this Act to be 35% or more.\n\t(3)\tPending an assessment of permanent impairment, the Corporation may on its own initiative, or must on application made by the worker in accordance with the regulations, make an interim decision to the effect that the worker will be taken to be a seriously injured worker under this Act if—\n\t(a)\tit is satisfied, or it appears, that the worker's injury or injuries have resulted or will result in permanent impairment; and\n\t(b)\tin the case of physical injury—it appears that the degree of whole person impairment is likely to be 35% or more; and\n\t(c)\tin the case of psychiatric injury—it appears that the degree of whole person impairment is likely to be 30% or more,\nand the Corporation's decision will have effect under this Act in accordance with its terms.\n\t(4)\tAn interim decision under subsection (3)—\n\t(a)\tmust be made in accordance with any requirements or principles prescribed by the regulations; and\n\t(b)\twill have effect until—\n\t(i)\tan assessment of whole person impairment has been made and determined under Division 5; or\n\t(ii)\tit appears that, due to a material improvement in the worker's likely degree of whole person impairment, the worker's degree of whole person impairment is no longer likely to be—\n\t(A)\tin the case of physical injury—35% or more; or\n\t(B)\tin the case of psychiatric injury—30% or more.\n\t(4a)\tBefore bringing an interim decision to an end under subsection (4)(b)(ii), the Corporation must—\n\t(a)\tgive the worker at least 3 months written notice of its intention to bring the interim decision to an end under that subsection; and\n\t(b)\tgive the worker a reasonable opportunity during that 3 month period to furnish information to satisfy the Corporation that it is appropriate for the interim decision to continue.\n\t(5)\tUnless or until a worker is assessed or determined to be a seriously injured worker as contemplated by this section, the worker will be taken not to be a seriously injured worker for the purposes of this Act.\n\t(6)\tHowever, if a worker is taken not to be a seriously injured worker and the worker at a later time is characterised as a seriously injured worker under subsection (2) or determined to be a seriously injured worker under subsection (3)—\n\t(a)\tthe worker will be taken to have been a seriously injured worker from the date of the injury; and\n\t(b)\tthe worker is entitled to be paid the amounts that would have constituted the worker's entitlements under this Act had the worker been taken to be a seriously injured worker from the date on which an incapacity for work in consequence of the relevant work injury first occurred after taking into account any amount already paid under this Act.\n\t(6a)\tIf a seriously injured worker makes an election under section 56A, subsection (6)(b) does not apply on and after the day on which the election takes effect in relation to weekly payments under section 41 to which the worker would, but for the election, be entitled.\n\t(7)\tAn amount paid under subsection (6)(b) will be increased by interest at the prescribed rate.\n\t(8)\tIn assessing whether the relevant threshold under subsection (2)(a) or (b) (as the case requires) has been met—\n\t(a)\timpairment resulting from physical injury is to be assessed separately from impairment resulting from psychiatric injury; and\n\t(b)\tin assessing impairment resulting from physical injury or psychiatric injury, no regard is to be had to impairment that results from consequential mental harm; and\n\t(c)\tin assessing the degree of whole person impairment resulting from physical injury, no regard is to be had to impairment that results from a psychiatric injury or consequential mental harm; and\n\t(d)\tthe relevant threshold under subsection (2)(a) or (b) is not met unless—\n\t(i)\tin the case of physical injury—the degree of whole person impairment resulting from the injury is at least 35%; or\n\t(ii)\tin the case of psychiatric injury—the degree of whole person impairment resulting from psychiatric injury is at least 30%.\n\t(9)\tThe Corporation is not required to consider more than 1 application by a worker under subsection (3) unless directed to do so by the Tribunal on application made by the worker under this subsection.\n\t(10)\tNothing in this section limits or affects the operation of Part 4 Division 6 or Division 7 or Part 5.\n","sortOrder":4},{"sectionNumber":"Div 5","sectionType":"division","heading":"Assessment of permanent impairment","content":"Division 5—Assessment of permanent impairment\n22—Assessment of permanent impairment\n\t(1)\tThis section sets out a scheme for assessing the degree of impairment (being whole person impairment) that applies to a work injury that results in permanent impairment.\n\t(2)\tAn assessment under this section—\n\t(a)\tmust be made in accordance with the Impairment Assessment Guidelines; and\n\t(b)\tmust be made by a medical practitioner who holds a current accreditation under this section.\n\t(3)\tThe Minister will publish guidelines (the Impairment Assessment Guidelines) for the purposes of the assessment of permanent impairment (being whole person impairment).\n\t(4)\tThe guidelines under subsection (3)—\n\t(a)\tmust be published in the Gazette; and\n\t(b)\tmay adopt or incorporate the provisions of other publications, whether with or without modification or addition and whether in force at a particular time or from time to time; and\n\t(c)\tmust incorporate a methodology that arrives at an assessment of the degree of impairment of the whole person (whole person impairment); and\n\t(d)\tmay specify procedures to be followed in connection with an assessment; and\n\t(f)\tmay be amended or substituted by the Minister from time to time.\n\t(5)\tThe Minister must, before publishing or amending the Impairment Assessment Guidelines, consult with professional associations representing the class or classes of medical practitioners who hold accreditations under this section.\n\t(6)\tAn amendment or substitution in relation to the Impairment Assessment Guidelines under subsection (4)(f) will take effect from a date specified by the Minister as part of the amendment, or in the substituted guidelines, as the case may be (the commencement date).\n\t(6a)\tSubject to subsection (6b), if the Impairment Assessment Guidelines are amended or substituted, the amendment or substituted guidelines (as the case may be) will apply in relation to an injury regardless of whether the injury occurred before or on or after the commencement date.\n\t(6b)\tIf the Impairment Assessment Guidelines are amended or substituted, the guidelines in operation immediately before the commencement date of the amendment or substitution will continue to apply in relation to the assessment of permanent impairment of a worker's injury if, before that commencement date—\n\t(a)\tthe worker's injury satisfies the requirements of subsection (7)(a); and\n\t(b)\tthe worker attended an appointment with an accredited medical practitioner selected in accordance with the Impairment Assessment Guidelines for the purposes of an assessment of permanent impairment of that injury.\n\t(7)\tAn assessment of the degree of impairment resulting from an injury—\n\t(a)\tmust not be made—\n\t(i)\tuntil there is evidence that the injury has stabilised; or\n\t(ii)\tunless—\n\t(A)\tthe injury is a condition prescribed for the purposes of this subparagraph by a regulation made on the recommendation of the Minister (see subsection (7a)); and\n\t(B)\tany requirement prescribed by the regulations has been satisfied; or\n\t(iii)\tunless the injury is a terminal condition;\n\t(b)\tmust, subject to subsection (8), be based on the worker's current impairment as at the date of assessment, including any changes in the signs and symptoms following any medical or surgical treatment undergone by the worker in respect of the injury; and\n\t(c)\tmust be made by an accredited medical practitioner selected in accordance with the Impairment Assessment Guidelines.\n\t(7a)\tThe Minister must not make a recommendation to prescribe a condition for the purposes of subsection (7)(a)(ii)(A) unless—\n\t(i)\t1 or more professional associations representing medical practitioners, including the Australian Medical Association (South Australia) Incorporated; and\n\t(b)\tthe Minister is satisfied that the condition is—\n\t(i)\tserious and potentially life threatening if suffered by a person; and\n\t(ii)\textremely likely to cause an ongoing deterioration of a person's health, such that the degree of impairment resulting from the condition is unlikely to stabilise for a significant period of time.\n\t(8)\tAn assessment must take into account the following principles:\n\t(a)\tif a worker presents for assessment in relation to injuries which occurred on different dates, the impairments are to be assessed chronologically by date of injury;\n\t(b)\timpairments from unrelated injuries or causes are to be disregarded in making an assessment;\n\t(c)\timpairments from the same injury or cause are to be assessed together or combined to determine the degree of impairment of the worker (using any principle set out in the Impairment Assessment Guidelines);\n\t(d)\timpairment resulting from physical injury is to be assessed separately from impairment resulting from psychiatric injury;\n\t(e)\tin assessing impairment resulting from physical injury or psychiatric injury, no regard is to be had to impairment that results from consequential mental harm;\n\t(f)\tin assessing the degree of permanent impairment resulting from physical injury, no regard is to be had to impairment that results from a psychiatric injury or consequential mental harm;\n\t(g)\tany portion of an impairment that is due to a previous injury (whether or not a work injury or whether because of a pre‑existing condition) that caused the worker to suffer an impairment before the relevant work injury is to be deducted for the purposes of an assessment, subject to any provision to the contrary made by the Impairment Assessment Guidelines;\n\t(h)\tassessments are to comply with any other requirements specified by the Impairment Assessment Guidelines.\nThe Parliament confirms that this subsection is to be interpreted and applied in accordance with the principles enunciated in the reasons of the Full Court of the Supreme Court in Return to Work Corporation of South Australia v Summerfield [2021] SASCFC 17.\n\t(9)\tA number determined under the Impairment Assessment Guidelines with respect to a value of a person's degree of whole person impairment may be rounded up or down according to any principle set out in the Impairment Assessment Guidelines.\n\t(9a)\tFor the purposes of this section, an assessment (or parts of an assessment) may be undertaken by more than 1 accredited medical practitioner and their assessments combined so as to create 1 assessment.\n\t(10)\tSubject to subsections (12) to (15) (inclusive), if—\n\t(a)\ta worker has had a whole person impairment assessment under this section; and\n\t(b)\tanother impairment from the same injury or cause develops or manifests itself after that assessment,\nthen that other impairment—\n\t(c)\twill be assessed separately; and\n\t(d)\t—\n\t(i)\twill not be combined in any respect (whether under this section or sections 56 or 58) with the impairment or impairments that have already been assessed; but\n\t(ii)\tmay be combined with any other impairment from the same injury or cause that has also developed or manifested itself after the earlier assessment.\nExample—\nA worker suffers impairments arising from injuries A and B which both arise from the same cause. The worker has those impairments assessed under section 22. After the assessment of the impairments arising from injuries A and B, the worker develops further impairments from injuries C and D which arise from the same cause as injuries A and B. The worker is entitled to be assessed for the impairment arising from injuries C and D and to combine the impairments from those injuries. However, the worker cannot combine the impairments arising from injuries C and D with the impairments arising from injuries A and B under this Act.\n\t(12)\tSubsection (10) does not affect the requirement under subsection (8)(d) for impairment resulting from physical injury to be assessed separately from impairment resulting from psychiatric injury.\n\t(13)\tSubsection (10) operates subject to any assessment made under Part 8 (and the exercise of any adjudicative function by the Tribunal or a court).\n\t(14)\tAn interim decision under section 21 will not be taken to constitute an assessment for the purposes of subsection (10).\n\t(15)\tSubsection (10) does not apply in any circumstances prescribed by the regulations.\n\t(16)\tFor the purposes of this section, the Minister must establish an accreditation scheme after consultation with the Advisory Committee.\n\t(17)\tThe accreditation scheme—\n\t(a)\twill provide for the accreditation of medical practitioners who are determined, under the scheme, to be suitably qualified to undertake assessments for the purposes of this section; and\n\t(b)\twill work on the basis that the Minister will issue the accreditations; and\n\t(c)\tmay provide for the suspension or cancellation of accreditation by the Minister on specified grounds; and\n\t(d)\tmay be amended or substituted by the Minister from time to time after consultation with the Advisory Committee.\n\t(18)\tAn accreditation will be issued by the Minister—\n\t(a)\tfor a period specified by the Minister; and\n\t(b)\ton conditions determined by the Minister.\n\t(19)\tSections 10 (other than subsection (1)) and 10A of the Legislative Instruments Act 1978 apply to the publication, amendment or substitution of the Impairment Assessment Guidelines under this section (and a reference in section 10 or 10A to a regulation will be taken to be a reference to the Impairment Assessment Guidelines, the amendment or the substitution (as the case requires)).\n","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Early intervention, recovery and return to work","content":"Part 3—Early intervention, recovery and return to work\n23—Object\n\t(1)\tThe object of this Part is to establish a system that seeks to ensure that a worker who suffers a work injury—\n\t(a)\tachieves the best practicable levels of physical and mental recovery; and\n\t(b)\treturns to the worker's pre‑injury work or, if that is not reasonably practicable, is in any event restored to the workforce and the community in a timely, safe and durable way.\n\t(2)\tWithout limiting subsection (1), the aim is—\n\t(a)\tto intervene and provide services under this Part as early as is reasonably practicable after a worker suffers a work injury; and\n\t(b)\tin connection with paragraph (a)—\n\t(i)\tto return the worker to work in the worker's pre‑injury duties; or\n\t(ii)\tif it is not reasonably practicable to return the worker to work in the worker's pre‑injury duties—to return the worker, either temporarily or permanently, to other suitable duties with the worker's pre‑injury employer; or\n\t(iii)\tif subparagraphs (i) and (ii) are not reasonably practicable—to return the worker, either temporarily or permanently, to work with another employer; or\n\t(iv)\tif subparagraphs (i), (ii) and (iii) are not reasonably practicable—to maximise the worker's independent functioning as a member of the community; and\n\t(c)\tto ensure that any employer, worker or other person involved in a recovery or return to work process cooperate to achieve the object referred to in subsection (1).\n\t(3)\tThis Part may apply to a worker even if it has not been finally established that the worker's injury is a work injury.\n24—Early intervention, recovery and return to work services\n\t(1)\tThe services that may be provided under this Part (recovery/return to work services) may do 1 or more of the following:\n\t(a)\tprovide for the physical, mental or vocational assessment of a worker;\n\t(b)\tprovide advisory services to a worker, members of the family of a worker, an employer and others;\n\t(c)\tassist a worker in retaining, seeking or obtaining employment;\n\t(d)\tassist in the training or retraining of a worker;\n\t(e)\tassist a worker to find or establish appropriate accommodation;\n\t(f)\tprovide equipment, facilities and services to assist a worker to cope with any injury at home or in the workplace;\n\t(g)\tprovide assistance to a person who may be in a position to help a worker to overcome or cope with an injury;\n\t(h)\tprovide necessary and reasonable costs (including costs of travel, accommodation and child care) incurred by a worker in order to receive or participate in any services;\n\t(i)\tprovide anything else that may assist in achieving the objects of this Part.\n\t(2)\tThe services provided to a worker may recognise that if a return to work is not reasonably practicable in the short term that the services may assist a worker's overall recovery by assisting the worker to be restored to the community at the beginning and to return to work in the medium or longer term (recognising that some workers may have minimal prospects of returning to work at all due to the seriousness of the injury).\n\t(3)\tAction to determine the most appropriate recovery/return to work services to be provided to an injured worker must be taken as early as possible after the worker suffers the work injury.\n\t(4)\tThe Corporation must take reasonable steps to ensure that a reasonable level of recovery/return to work services are provided to an injured worker taking into account the nature and extent of the worker's injury, the circumstances of the worker, and any other relevant factor.\n\t(5)\tRecovery/return to work services will be provided by persons accredited, approved or appointed by the Corporation.\n25—Recovery/return to work plans\n\t(1)\tWhere it appears that a worker is (or is likely) to be incapacitated for work by a work injury for more than 4 weeks, the Corporation must ensure that a plan (a recovery/return to work plan) is prepared for the worker.\n\t(2)\tIn connection with subsection (1)—\n\t(a)\ta recovery/return to work plan may be prepared even if the period of incapacity may be less than 4 weeks; and\n\t(b)\ta recovery/return to work plan may be prepared for a worker who may not be returning to work in the short or medium term so that the initial focus of the plan is on restoring the worker to the community at the beginning; and\n\t(c)\ta recovery/return to work plan may be prepared for a worker who has no reasonable prospect of returning to work but where the preparation of a plan would still assist in restoring the worker to the community; and\n\t(d)\ta recovery/return to work plan need not be prepared for a worker if the Corporation considers that, due to the severity of the injury, the focus should be on other forms of support and services (unless or until the worker becomes capable of participating in a plan).\n\t(3)\tSubject to taking into account the provisions of subsection (2), a recovery/return to work plan will set out the actions and responsibilities of a worker, an employer, the Corporation, and where relevant, the host employer that are to be undertaken or assumed in order to achieve the earliest possible safe return to work or, if relevant, to the community on a durable basis.\n\t(4)\tA recovery/return to work plan may impose obligations on the worker, the employer and, where relevant, the host employer (and, in the case of a dispute, will continue to bind the worker, the employer and, where relevant, the host employer subject to the outcome of any process or procedure associated with determining the dispute).\n\t(5)\tIn preparing a recovery/return to work plan—\n\t(a)\tconsultation must occur with the worker and, insofar as is necessary or appropriate, with the employer and, where relevant, any host employer out of whose employment the injury arose; and\n\t(b)\tassistance may be obtained from the relevant return to work co‑ordinator (if appointed) and any person who might be providing services under the plan; and\n\t(c)\tinsofar as is reasonably practicable—\n\t(i)\tmedical records relevant to the worker's condition should be reviewed; and\n\t(ii)\tconsultation should occur with any health practitioner who is treating the worker for a relevant injury; and\n\t(d)\tconsultation may occur with any other person or body as the Corporation thinks fit.\n\t(6)\tA recovery/return to work plan must comply with standards and requirements prescribed by the regulations.\n\t(7)\tThe Corporation must give—\n\t(a)\tthe worker and the employer and, where relevant, any host employer; and\n\t(b)\tas far as reasonably practicable, any health practitioner who is treating the worker for a relevant work injury,\na copy of the recovery/return to work plan.\n\t(8)\tA recovery/return to work plan may be reviewed from time to time.\n\t(9)\tIn connection with the operation of subsection (8), the regulations may—\n\t(a)\tspecify when a recovery/return to work plan should be reviewed; and\n\t(b)\tprescribe procedures to be followed when a recovery/return to work plan is being reviewed.\n\t(10)\tWithout limiting subsections (8) and (9), if—\n\t(a)\ta worker who has been incapacitated for work in consequence of a work injury has not, at the expiration of the period of 6 months from the date on which the incapacity for work first occurred, returned to work in employment that is the same as, or equivalent to, the employment in which the worker was employed immediately before the incapacity; and\n\t(b)\tthe worker is not working to his or her full capacity (after taking into account the nature and effect of the worker's work injury and any other relevant factor),\nnew or other employment options for the worker need to be taken into account in order to assist the worker to return to work in suitable employment.\n\t(10a)\tAny proposed new or other employment options for a worker referred to in subsection (10) must be agreed to by the worker before being adopted as part of the recovery/return to work plan.\n\t(11)\tA plan under this section must not impose any obligation on a seriously injured worker to return to work (but may include processes designed to assist a seriously injured worker to return to work at the request of the worker).\n\t(12)\tIf, in relation to a pre-injury employer that is a member of a group of self‑insured employers comprised of related bodies corporate, the duty to provide suitable employment to a particular worker is extended in accordance with section 18 to a related body corporate in the group, a reference in this section to an employer includes a reference to the related body corporate.\n\t(13)\tIf, in relation to a pre-injury employer that is an agency or instrumentality of the Crown that is taken under section 130 to be registered as a self‑insured employer, the duty to provide suitable employment to a particular worker is extended in accordance with section 18 to another agency or instrumentality of the Crown, a reference in this section to an employer includes a reference to the other agency or instrumentality.\n\t(14)\tIn this section—\nhost employer and related bodies corporate have the same meanings in this section as in section 18;\npre-injury employer—see section 18(1)).\n26—Return to work co-ordinators\n\t(1)\tSubject to this section, an employer must appoint (and retain) a return to work co‑ordinator (referred to in this section as a co‑ordinator).\n\t(2)\tA co‑ordinator must be based in South Australia.\n\t(3)\tThe employer must appoint a co‑ordinator—\n\t(a)\twithin 6 months after the requirement to be registered under Part 9 first arises (disregarding any exemption that may be available under that Part) or within a later period approved by the Corporation; and\n\t(b)\twithin 3 months after a vacancy occurs in the office of a co‑ordinator under this section.\n\t(4)\tA co‑ordinator has the following functions:\n\t(a)\tto assist workers suffering from work injuries, where prudent and practicable, to remain at or return to work as soon as possible after the occurrence of the injury;\n\t(b)\tto assist the Corporation in the preparation and implementation of any recovery/return to work plan for an injured worker;\n\t(c)\tto liaise with any persons involved in the provision of medical and other relevant services to workers;\n\t(d)\tto monitor the progress of an injured worker's capacity to return to work;\n\t(e)\tto take steps to, as far as practicable, prevent the occurrence of an aggravation, acceleration, exacerbation, deterioration or recurrence of an injury when a worker returns to work.\n\t(5)\tAn employer must—\n\t(a)\tprovide such facilities and assistance as are reasonably necessary to enable a co‑ordinator to perform his or her functions under this section; and\n\t(b)\tensure that a co-ordinator plays an active role in achieving a timely, safe and durable return to work for a worker who has suffered a work injury with a particular emphasis on early intervention (to the extent contemplated by this Part); and\n\t(c)\tcomply with any training or operational guidelines published by the Corporation from time to time for the purposes of this section.\n\t(6)\tThe regulations may exempt an employer, or employers of a prescribed class, from a requirement under this section.\n27—Standards and facilities established by Corporation\nThe Corporation may—\n\t(a)\tenter into arrangements with any government agency or other body under which facilities and services, including medical services, will be provided to injured workers; and\n\t(b)\twith the approval of the Minister, establish clinics and other facilities and services for the assessment, treatment and recovery of injured workers and, without limiting this section, the provision of recovery/return to work services; and\n\t(c)\testablish and maintain a register of persons and organisations that are, in the opinion of the Corporation, properly qualified and equipped to provide facilities and services in connection with the assessment, treatment and recovery of injured workers and, without limiting this section, the provision of recovery/return to work services; and\n\t(d)\tauthorise the expenditure of money on behalf of the Corporation for the purposes of this Part (subject to any limits or conditions set or determined by the Corporation).\n28—Rates for provision of services\n\t(1)\tThe Minister may from time to time, by notice in the Gazette, on the recommendation of the Corporation, publish scales of charges that will apply in relation to the provision of recovery/return to work services.\n\t(2)\tBefore the Corporation makes a recommendation to the Minister about the publishing of a scale of charges, the Corporation must consult with—\n\t(a)\tprofessional associations representing the providers of services of the relevant kind; and\n\t(b)\tassociations representing employers (including the South Australian Employers Chamber of Commerce and Industry); and\n\t(c)\tassociations representing employees (including the United Trades and Labor Council).\n\t(3)\tA person who provides a recovery/return to work service for an injured worker for which a scale of charges has been published under this section, knowing the worker to be receiving the services under this Act, must not charge for the service an amount exceeding the amount allowed under that scale of charges.\nMaximum penalty: $2 500.\n\t(4)\tNothing in this section prevents the Corporation from entering into an agreement for the provision of recovery/return to work services that are not subject to a notice published under this section at rates set or determined under the agreement.\n29—Related initiatives\nThe Corporation may, as it thinks fit—\n\t(a)\tdisseminate information that relates to work related injuries with a view to—\n\t(i)\tpreventing their occurrence; or\n\t(ii)\tassisting workers with managing such injuries and with their recovery from such injuries (insofar as may be practicable); and\n\t(b)\tconduct, participate in or subsidise research that will promote the objects of this Part; and\n\t(c)\tencourage and support the work of organisations that provide assistance to workers who have suffered work related injuries.\n","sortOrder":6},{"sectionNumber":"Part 4","sectionType":"part","heading":"Financial benefits","content":"Part 4—Financial benefits\nDivision 1—Claims\n30—Claims\n\t(1)\tSubject to this section, a claim under this Part—\n\t(b)\tmust be made within the prescribed period; and\n\t(c)\tmust be supported by a certificate in the designated form by a designated person certifying—\n\t(i)\tthe nature of the injury;\n\t(ii)\tthe probable cause of the injury so far as that is ascertainable by the designated person;\n\t(iii)\tif the claimant claims to be incapacitated for work—the claimant's current and likely future capacity;\n\t(iv)\tany other matter specified by the Corporation with the approval of the Minister.\n\t(2)\tIf a notice of an injury is required under this Act, a claim may not be made in respect of that injury unless notice of the injury has been given as required.\n\t(3)\tDespite subsections (1) and (2)—\n\t(a)\tthe absence of, or a defect in, a notice of injury is not a bar to the making of a claim if—\n\t(i)\tthe proper determination of the claim has not been substantially prejudiced; or\n\t(ii)\tthe failure to give the notice, or the defect in the notice, was occasioned by ignorance of the claimant, mistake or absence from the State, or other reasonable cause; and\n\t(b)\ta failure to make a claim within the prescribed period is not a bar to the making of a claim if—\n\t(i)\tthe proper determination of the claim has not been substantially prejudiced; or\n\t(ii)\tthe failure to make the claim within the prescribed period was occasioned by ignorance of the claimant, mistake or absence from the State, or other reasonable cause.\n\t(4)\tA claim must be given at first instance as follows:\n\t(a)\twhere the worker is at the commencement of the incapacity in employment—the claim must be given to the employer;\n\t(b)\tin any other case—the claim must be given to the Corporation.\n\t(5)\tWithin 5 business days after receipt of a claim under this section, an employer (not being a self-insured employer) must forward to the Corporation—\n\t(a)\ta copy of the claim;\n\t(b)\ta statement in the designated form.\n\t(6)\tAn employer (not being a self‑insured employer) must furnish to the Corporation, in such manner and form as the Corporation may determine, such other information as the Corporation may reasonably require in order to assess or determine a claim.\n\t(7)\tIf it appears from a claim that the worker was not, at the time of making the claim, in the employment of the employer from whose employment the injury arose, the Corporation must (where it is practicable to do so) notify that employer of the claim.\n\t(8)\tThe Corporation may dispense with a requirement under this section.\n\t(9)\tA self-insured employer may dispense with the requirement for a certificate under subsection (1)(c) if a claim only relates to Division 2.\n\t(10)\tIn this section—\ndesignated person means—\n\t(a)\ta recognised health practitioner; or\n\t(b)\tanother person of a prescribed class acting in prescribed circumstances and subject to any limitations or conditions prescribed by the regulations;\nprescribed period, in relation to the making of a claim under this section, means the period of 6 months commencing on the day on which the entitlement to make the claim arises.\n31—Determination of claim\n\t(1)\tOn receipt of a claim, the Corporation may undertake such investigations and inquiries as are necessary in order to achieve an evidence based decision with respect to the determination of the claim.\n\t(2)\tWithout limiting any other provision, for the purpose of satisfying itself of the nature, extent or probable duration of an injury, the Corporation may require a worker to submit to an examination by a recognised health practitioner nominated by the Corporation.\n\t(3)\tIf a claimant—\n\t(a)\tfails or refuses to furnish information reasonably required by the Corporation to assess or determine the claim; or\n\t(b)\tfails or refuses to submit to an examination as required under subsection (2),\nthe claim may be rejected.\n\t(4)\tThe Corporation must determine claims for compensation as expeditiously as reasonably practicable and where the claim is for compensation by way of income support must, wherever practicable, endeavour to determine the claim within 10 business days after the date of receipt of the claim.\n\t(a)\tthe injury results from a road accident; and\n\t(b)\tno member of the police force attends at the scene of the accident; and\n\t(c)\tthe claimant is required to report the accident to a member of the police force or at a police station under the Road Traffic Act 1961,\nthe Corporation may refrain from determining the claim until the accident is so reported.\n\t(6)\tIf an employer notifies the Corporation, before the Corporation determines a claim, that the employer disputes that the injury is compensable under this Act, the Corporation must, before determining the claim, make a reasonable investigation into the grounds on which the employer disputes the compensability of the injury.\n\t(7)\tAs soon as practicable after determining a claim the Corporation must give notice in writing of the determination—\n\t(a)\tto the claimant; and\n\t(b)\tto any employer who may be directly affected.\n\t(8)\tIf any part of a claim is rejected, a notice under subsection (7) must include—\n\t(a)\tsuch information as the regulations may require as to the grounds on which the claim is rejected; and\n\t(b)\ta statement of the claimant's rights to have the determination reviewed.\n\t(9)\tThe Corporation may, in an appropriate case, by notice in writing to the worker, redetermine a claim.\n\t(10)\tFor the purposes of subsection (9), an appropriate case is one where—\n\t(a)\tthe redetermination is necessary to give effect to an agreement reached between the parties to an application for review or to reflect progress (short of an agreement) made by the parties to such an application in an attempt to resolve questions by agreement; or\n\t(b)\tthe claimant deliberately withheld information that should have been supplied to the Corporation and the original determination was, in consequence, based on inadequate information; or\n\t(c)\tthe redetermination is appropriate by reason of new information that was not available and could not reasonably have been discovered by due enquiry at the time that the original determination was made; or\n\t(d)\tthe redetermination is for the purposes of section 5(11) and is appropriate by reason of the stabilising of a work injury; or\n\t(e)\tthe original determination was made as the result of an administrative error and the redetermination is made within 2 weeks of the making of the original determination.\n\t(11)\tThe redetermination of a claim does not give rise to any right on the part of the Corporation to recover from the worker money paid under a previous determination unless the previous determination was made in consequence of the worker's fraud.\n32—Payment of interim benefits\n\t(1)\tThe Corporation may, pending the final determination of a claim, make interim payments under this Part to a claimant.\n\t(2)\tThe Corporation must offer to make interim payments under this section if it fails to determine the relevant claim within 10 business days after the date of receipt of the claim.\n\t(3)\tIf on the final determination of a claim it appears that an amount to which the claimant was not entitled has been paid under this section, the Corporation may recover that amount as a debt in a court of competent jurisdiction.\nDivision 2—Medical expenses etc\n33—Medical expenses\n\t(1)\tSubject to this section, a worker is entitled to be compensated for costs of services described in subsection (2) that are reasonably incurred by the worker in consequence of having suffered a work injury—\n\t(a)\tin accordance with a scale published by the Minister under this section; or\n\t(b)\tif the relevant service is not covered by a scale under this section—to the extent of a reasonable amount for the provision of the service.\n\t(2)\tThe costs referred to in subsection (1) are the necessary costs of:\n\t(a)\tmedical services;\n\t(b)\thospitalisation and all associated medical, surgical and nursing services;\n\t(c)\tapproved recovery/return to work services;\n\t(d)\ttravelling, or being transported, to and from any place for the purpose of receiving medical services, hospitalisation or approved recovery/return to work services (but not where the worker travels in a private vehicle);\n\t(e)\twhere it is necessary for the worker to be accommodated away from home for the purpose of receiving medical services or approved recovery/return to work services—such accommodation (but not exceeding limits prescribed by regulation);\n\t(f)\tattendance by a registered or enrolled nurse, or by some other person approved by the Corporation or of a class approved by the Corporation, where the injury is such that the worker must have nursing or personal attendance;\n\t(g)\tthe provision, maintenance, replacement or repair of therapeutic appliances;\n\t(h)\tmedicines and other material purchased on the prescription or recommendation of a health practitioner;\n\t(i)\tother services (or classes of services) authorised by the Corporation.\n\t(3)\tCompensation in respect of costs to which this section applies may be paid—\n\t(a)\tto the worker; or\n\t(b)\tdirectly to the person to whom the worker is liable for those costs.\n\t(4)\tIf a worker has been charged more than the amount that the worker is entitled to claim for the provision of a service in respect of which compensation is payable under this section, the Corporation may reduce the charge by the amount of the excess.\n\t(5)\tA decision of the Corporation under subsection (4) does not constitute a reviewable decision under Part 6.\n\t(a)\tservices of a kind to which this section applies were provided to a worker in relation to a work injury; and\n\t(b)\tthe Corporation considers that the services were, in the circumstances of the case, unnecessary or unreasonably incurred,\nthe Corporation may disallow charges for the services.\n\t(7)\tIf the Corporation disallows or reduces a charge under this section—\n\t(a)\tit must give to the provider of the service a notice setting out—\n\t(i)\tthe basis of the Corporation's decision to disallow or reduce the charge; and\n\t(ii)\twhere the charge has been disallowed under subsection (6) the provider's right to have the decision reviewed under this section; and\n\t(b)\tthe worker is not liable to the provider for the disallowed charge, or for more than the reduced charge, (as the case requires) and, if the worker has in fact paid an amount for which he or she is not liable, the Corporation will reimburse the worker for that amount and may recover it from the provider as a debt.\n\t(8)\tIf a worker travels in a private vehicle to or from any place for the purpose of receiving medical services, hospitalisation or approved recovery/return to work services, and the travel is reasonably necessary in the circumstances of the case, the worker is entitled to a travel allowance at rates fixed by a scale published by the Minister under this section.\n\t(9)\tA reference in this section to approved recovery/return to work services is a reference to recovery/return to work services provided by a person who has an agreement with the Corporation for the provision of those services.\n\t(10)\tIf a treatment protocol or framework for the provision of services has been published by the Minister under this section, costs for the provision of those services are only compensable where—\n\t(a)\tthe services are provided in accordance with the protocol or framework; or\n\t(b)\tthe provider of the services establishes, to the Corporation's satisfaction, that services outside the terms of the protocol or framework are justified in the circumstances of the particular case.\n\t(11)\tThe amount of compensation for a service covered by a scale of charges published by the Minister under this section must be in accordance with the scale.\n\t(12)\tThe Minister may, by notice in the Gazette, on the recommendation of the Corporation, publish—\n\t(a)\tscales of charges for the purposes of this section (ensuring as far as practicable that the scales comprehensively cover the various kinds of services to which this section applies);\n\t(b)\ttreatment protocols or frameworks as contemplated by this section.\n\t(13)\tSubject to subsection (14), a scale of charges published under this section must be based on the average charge to private patients for the relevant service unless the Minister determines that it is not reasonably practicable or feasible to determine such an average charge for a relevant service (but in any event the amount fixed for the service must not exceed the amount recommended by the relevant professional association).\n\t(14)\tA scale of charges for services provided by a public hospital may be based on government charges for the relevant service.\n\t(15)\tBefore the Corporation makes a recommendation to the Minister about the publishing of a scale of charges, or a treatment protocol or framework, the Corporation must consult with—\n\t(a)\tprofessional associations representing the providers of medical services of the relevant kind; and\n\t(b)\tassociations representing self‑insured employers (including Self-Insurers of South Australia Incorporated); and\n\t(c)\tassociations representing employers other than self‑insured employers (including the South Australian Employers Chamber of Commerce and Industry); and\n\t(d)\tassociations representing employees (including the United Trades and Labor Council).\n\t(16)\tA person who provides a service for an injured worker, knowing the worker to be entitled to compensation for the service under this section, must not charge for the service an amount exceeding the amount allowed under a scale of charges published under this section.\nMaximum penalty: $2 500.\n\t(17)\tA worker is entitled, in relation to prescribed classes of services, appliances, medicines or materials referred to in subsection (2), to apply to the Corporation for approval to obtain the provision of those services or otherwise to incur costs on the basis that the Corporation will agree in advance to be liable for the relevant costs rather than the worker being required to claim compensation under this section once the costs have been incurred.\n\t(18)\tAn application under subsection (17) must be made in accordance with the regulations and the Corporation must make a decision in relation to the application within the period prescribed by the regulations.\n\t(19)\tThe Corporation must give the same consideration to an application under subsection (17) that would be given to an application if the worker were to incur the relevant costs and then claim compensation under subsection (1).\n\t(20)\tSubject to subsection (21), an entitlement to compensation under this section (including an entitlement to make an application under subsection (17)) comes to an end if the worker has not had an entitlement to receive weekly payments in relation to the work injury under Division 4 for a continuous period of 12 months (or has not had an entitlement to receive weekly payments under Division 4 and a period of 12 months has expired) (insofar as costs are incurred after the end of that period).\n\t(21)\tSubsection (20)—\n\t(a)\tdoes not apply in relation to a seriously injured worker; and\n\t(b)\tdoes not apply—\n\t(i)\tin relation to any therapeutic appliance required to maintain the worker's capacity; or\n\t(ii)\tin relation to surgery, any associated medical, nursing or medical rehabilitation services (including the cost of hospitalisation), where the Corporation has determined or accepted, on application made before the end of the period referred to in subsection (20), that it is reasonable and appropriate for such surgery to be undertaken at a later time due to the impact (or likely impact) of the work injury on the worker's health and capacity (or future health and capacity); or\n\t(iii)\tin relation to prescribed classes of injury, where the Corporation has determined or accepted, on application made before the end of the period referred to in subsection (20), that it is reasonable and appropriate for the services to be provided after the end of that period (and then, in such a case, the services will be compensable to the extent determined by the Corporation); or\n\t(iv)\tin any other circumstances prescribed by the regulations.\n\t(22)\tThe right of review referred to in subsection (7)(a)(ii) is a right to have the decision of the Corporation to disallow or reduce a charge reviewed by the Tribunal by application to the Tribunal under the South Australian Employment Tribunal Act 2014.\n34—Transportation for initial treatment\n\t(1)\tIf—\n\t(a)\ta worker is injured at the worker's place of employment during the course of employment; and\n\t(b)\tthe injury is such as to require immediate medical treatment,\nthe employer must, at the employer's own expense, provide the worker with immediate transportation to a hospital or health practitioner for initial treatment.\n\t(2)\tIf an employer fails to provide transportation in accordance with subsection (1), the cost may be recovered by the Corporation from the employer as a debt due to the Corporation.\n\t(3)\tAn amount recovered by the Corporation under subsection (2) must, if the worker incurred costs in consequence of the employer's failure to provide transportation, be paid to the worker.\n\t(4)\tIf the cost of transportation provided by an employer (other than a self‑insured employer) to a worker in accordance with subsection (1) exceeds an amount prescribed by the regulations, the employer is, on application to the Corporation in a manner and form approved by the Corporation, entitled to recover the excess from the Corporation.\n\t(5)\tAn amount prescribed by regulation under subsection (4) may, if the regulations so provide, be indexed so as to provide annual adjustments according to changes in the CPI.\nDivision 3—Property damage\n35—Property damage\n\t(1)\tIf a worker suffers a work injury and, in consequence of the trauma out of which the injury arose, damage occurs to any therapeutic appliances, clothes, personal effects or tools of trade of the worker, the worker is, subject to limitations prescribed by regulation, entitled to be compensated for the full amount of the damage.\n\t(2)\tAn entitlement under subsection (1) does not extend to compensation for damage to a motor vehicle.\n\t(3)\tAn amount prescribed by regulation under subsection (1) may, if the regulations so provide, be indexed so as to provide annual adjustments according to changes in the CPI.\nDivision 4—Income support\n36—Capacity to perform work\n\t(1)\tFor the purposes of this Act, the current work capacity of a worker is constituted by a present inability arising from a work injury such that the worker is not able to return to his or her employment at the time of the occurrence of the injury but is able to return to work in suitable employment.\n\t(2)\tFor the purposes of this Act, a worker has no current work capacity if the worker has a present inability arising from a work injury such that the worker is not able to return to work, either in his or her employment at the time of the occurrence of the injury or in suitable employment.\n37—Prescribed benefits\nThe following are prescribed benefits for the purposes of this Division:\n\t(a)\tany amount paid to the worker by the Corporation or a self‑insured employer in respect of an employment program provided or arranged by the Corporation or self‑insured employer for the purposes of this Act;\n\t(b)\tany of the following received by the worker from an employer:\n\t(i)\tany payment, allowance or benefit related to annual or other leave;\n\t(ii)\tany payment, allowance or benefit paid or conferred by the employer on the worker's retirement;\n\t(iii)\tany payment, allowance or benefit paid or conferred under a superannuation or pension scheme;\n\t(iv)\tany payment, allowance or benefit paid or conferred on the retrenchment, or in relation to the redundancy, of the worker;\n\t(ba)\tany prescribed amount ordered by the Tribunal to be paid to the worker by the employer under section 18(5e);\n\t(c)\tany other payment, allowance or benefit of a prescribed kind.\n38—Prescribed allowances\nIn this Division, a reference to weekly earnings, or current weekly earnings, is a reference to weekly earnings exclusive of prescribed allowances.\n","sortOrder":7},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Entitlement to weekly payments","content":"Subdivision 2—Entitlement to weekly payments\n39—Weekly payments over designated periods for workers other than seriously injured workers\n\t(1)\tSubject to this Act, if a worker, other than a seriously injured worker, suffers a work injury that results in incapacity for work, the worker is entitled to weekly payments in respect of that incapacity in accordance with the following principles:\n\t(a)\tif any period of incapacity for work occurs within the period of 52 weeks from the date on which the incapacity for work first occurs (the first designated period)—\n\t(i)\tfor any period during the first designated period when the worker has no current work capacity—the worker is entitled to weekly payments equal to the worker's notional weekly earnings; and\n\t(ii)\tfor any period during the first designated period when the worker has a current work capacity—the worker is entitled to weekly payments equal to the difference between the worker's notional weekly earnings and the worker's designated weekly earnings;\n\t(b)\tif any period of incapacity for work occurs within the period of 52 weeks beginning immediately after the end of the period that applies under paragraph (a) (the second designated period)—\n\t(i)\tfor any period during the second designated period when the worker has no current work capacity—the worker is entitled to weekly payments equal to 80% of the worker's notional weekly earnings; and\n\t(ii)\tfor any period during the second designated period when the worker has a current work capacity—the worker is entitled to weekly payments equal to 80% of the difference between the worker's notional weekly earnings and the worker's designated weekly earnings.\n\t(2)\tFor the purposes of this section, the designated weekly earnings of a worker will be taken to be the current weekly earnings of the worker in employment or self‑employment (if any) but not so as to include a prescribed benefit.\n\t(3)\tA worker has no entitlement to weekly payments under this section in respect of a work injury after the end of the period of 104 weeks from the date on which the incapacity for work first occurs (that is, after the end of the second designated period).\n40—Supplementary income support for incapacity resulting from surgery\n\t(1)\tSubject to this section, an injured worker who has an incapacity for work as a result of surgery approved by the Corporation is entitled to weekly payments (supplementary income support payments) as provided by this section if the incapacity occurs after the end of the second designated period that applies under section 39(1)(b).\n\t(2)\tSupplementary income support payments are not payable under this section in respect of any period of incapacity that occurs more than 13 weeks after the surgery concerned.\n\t(3)\tSupplementary income support payments under this section are payable at the rate provided by and in accordance with section 39(1)(b) as if the period of incapacity in respect of which the payments are made occurred during the second designated period subject to any adjustments made under the regulations to take into account—\n\t(a)\tchanges in the CPI; and\n\t(b)\tany other matter prescribed by the regulations.\n41—Weekly payments for seriously injured workers\n\t(1)\tSubject to this Act, if a seriously injured worker suffers a work injury that results in incapacity for work, the worker is entitled to weekly payments in respect of that incapacity in accordance with the following principles:\n\t(a)\tif any period of incapacity for work occurs within the period of 52 weeks from the date on which the incapacity for work first occurs (the first designated period)—\n\t(i)\tfor any period during the first designated period when the worker has no current work capacity—the worker is entitled to weekly payments equal to the worker's notional weekly earnings; and\n\t(ii)\tfor any period during the first designated period when the worker has a current work capacity—the worker is entitled to weekly payments equal to the difference between the worker's notional weekly earnings and the worker's designated weekly earnings;\n\t(b)\tif any period of incapacity for work occurs after the end of the period that applies under paragraph (a)—\n\t(i)\tfor any period when the worker has no current work capacity—the worker is entitled to weekly payments equal to 80% of the worker's notional weekly earnings; and\n\t(ii)\tfor any period when the worker has a current work capacity—the worker is entitled to weekly payments equal to 80% of the difference between the worker's notional weekly earnings and the worker's designated weekly earnings.\n\t(2)\tFor the purposes of subsection (1), the designated weekly earnings of a worker will be taken to be the current weekly earnings of the worker in employment or self‑employment (if any) but not so as to include a prescribed benefit.\n\t(a)\ta worker is paid weekly payments under subsection (1); and\n\t(b)\tthe worker is subsequently, on account of an assessment of whole person impairment under this Act, determined not to be a seriously injured worker,\nthe worker will be entitled to continue to receive payments under this section as if the worker were a seriously injured worker until the expiration of 8 weeks from the date of the assessment (and then any further entitlement to weekly payments will be determined on the basis that the worker is not a seriously injured worker and weekly payments paid under this section until then will not be recoverable from the worker).\n42—Federal minimum wage safety net\n\t(1)\tDespite the preceding sections in this Subdivision, if the combined amount that a worker would receive in respect of any incapacity for work in any week applying under any such section would result in the worker receiving less than the Federal minimum wage (adjusted, in the case of a worker who was working at the relevant date on a part‑time basis so as to provide a pro‑rata payment), the amount of compensation payable under this Subdivision will be increased so that the combined amount equals the Federal minimum wage (or, if relevant, the Federal minimum wage as so adjusted).\n\t(2)\tFor the purposes of this section—\n\t(a)\ta reference to the combined amount is a reference to the combined total of the amount of compensation that would otherwise be payable under this Subdivision and the amount of the designated weekly earnings of the worker; and\n\t(b)\ta reference to the relevant date is a reference to the date applying in relation to the worker under section 5(16)(a); and\n\t(c)\ta reference to a worker who is working on a part‑time basis will be determined after taking into account the usual work patterns of workers in employment of the kind in which the worker was working at the relevant date.\n\t(3)\tThe component of the relevant amount under subsection (1) that is constituted by the Federal minimum wage will be adjusted from time to time to reflect changes to the wages applying under a national minimum wage order under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth in accordance with a scheme prescribed by the regulations.\n43—Return to work obligations of worker\n\t(1)\tA worker who has current work capacity must, in cooperation with the employer or Corporation, make reasonable efforts to return to work in suitable employment or pre‑injury employment at the worker's place of employment or at another place of employment.\n\t(2)\tFor the purposes of this section, a worker is to be treated as making a reasonable effort to return to work in suitable employment or pre‑injury employment during any reasonable period in which—\n\t(a)\tthe worker is waiting for the commencement of any recovery/return to work services that are required to be provided under a recovery/return to work plan for the worker; or\n\t(b)\tthe worker is waiting for a response to a request for suitable employment or pre‑injury employment made by the worker and received by the employer; or\n\t(c)\tif the employer's response is that suitable employment or pre‑injury employment will be provided at some time, the worker is waiting for suitable employment or pre‑injury employment to commence.\n44—Termination of weekly payments on retiring age\nretiring age means—\n\t(a)\tif there is a normal retiring age for workers in employment of the kind from which the worker's injury arose—that age; or\n\t(b)\tthe age at which the worker would, subject to satisfying any other qualifying requirements, be eligible to receive an age pension under the Social Security Act 1991 of the Commonwealth,\n\t(2)\tWeekly payments are not payable under this Division in respect of a period of incapacity for work falling after the date on which the worker reaches his or her retiring age.\n\t(3)\tHowever, if a worker who is within 2 years of his or her retiring age or above his or her retiring age becomes incapacitated for work while still in employment, weekly payments are payable for any period of incapacity falling within 104 weeks after the date on which the incapacity for work first occurred (unless suspended, reduced or discontinued under another provision of this Act and subject to any other relevant provision).\n","sortOrder":8},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Adjustment of weekly payments","content":"Subdivision 3—Adjustment of weekly payments\n45—Adjustments due to change from original arrangements\n\t(1)\tThe Corporation may, on its own initiative or at the request of the worker, review the calculation of the average weekly earnings of a worker (and therefore the notional weekly earnings of a worker) for the purpose of making an adjustment due to—\n\t(a)\ta change in a component of the worker's remuneration used to determine average weekly earnings (including a component constituted by a non‑cash benefit); or\n\t(b)\ta change in the equipment or facilities provided or made available to the worker (if relevant to average weekly earnings).\n\t(2)\tA request by a worker must be made in a designated manner and a designated form.\n\t(3)\tBefore the Corporation begins a review under this section, the Corporation must give the worker notice, in a designated form—\n\t(b)\tinviting the worker to make written representations to the Corporation on the subject of the review within a reasonable time specified in the notice.\n\t(4)\tIf the Corporation finds on a review under this section that there has been a change that warrants an adjustment contemplated by subsection (1), the Corporation may make the relevant adjustment.\n\t(5)\tAn adjustment under this section—\n\t(a)\twill take effect as an adjustment to the worker's notional weekly earnings (and may therefore increase or reduce weekly payments under this Division); and\n\t(b)\toperates from a date determined by the Corporation (which may be an antecedent date but not a date that is before the date of the change on which the adjustment is based and not so as to result in a retrospective reduction in weekly payments).\n\t(6)\tFor the purposes of a review under this section, the Corporation may, by notice in writing to the worker to whom the review relates, require the worker to furnish any information that the Corporation determines to be relevant to the review.\n\t(7)\tIf a worker fails to comply with a requirement under subsection (6) within the time allowed in the notice, the Corporation may suspend weekly payments to the worker.\n\t(8)\tOn completing the review, the Corporation must give notice, in a designated form, setting out the Corporation's decision on the review, and the rights of review that exist in respect of the decision to—\n\t(a)\tthe worker; and\n\t(b)\tthe employer from whose employment the compensable injury arose.\n\t(9)\tThis section does not limit the powers of the Corporation under any other section of this Act.\n46—Review of weekly payments\n\t(1)\tSubject to subsection (3), the Corporation may, on its own initiative and must if requested by a worker or an employer, review the amount of the weekly payments made to a worker who has suffered a work injury.\n\t(2)\tA request by a worker or employer must be made in a designated manner and a designated form.\n\t(3)\tThe Corporation is not required to comply with a request for a review under subsection (1) if the request is made within 3 months from the completion of an earlier review.\n\t(4)\tBefore the Corporation begins a review under this section, the Corporation must give the worker notice, in a designated form—\n\t(b)\tinviting the worker to make written representation to the Corporation on the subject of the review within a reasonable time specified in the notice.\n\t(5)\tIf the Corporation finds on a review under this section that the worker's entitlement to weekly payments has ceased, or has increased or decreased, the Corporation must adjust or discontinue the weekly payments to reflect that finding.\nExample—\nFor example, if the Corporation finds on the review that there has been a change in the extent of the worker's incapacity with a consequent change in the amount the worker is earning or could earn in suitable employment, the Corporation must adjust the weekly payments to reflect the change in entitlement.\n\t(6)\tFor the purposes of a review under this section, the Corporation may, by notice in writing to a worker, who is receiving weekly payments—\n\t(a)\trequire the worker to submit to an examination by a recognised health practitioner nominated by the Corporation; or\n\t(b)\trequire the worker to furnish evidence of the worker's earnings.\n\t(7)\tIf a worker fails to comply with a requirement under subsection (6) within the time allowed in the notice, the Corporation may suspend weekly payments to the worker.\n\t(8)\tOn completing the review, the Corporation must give notice, in a designated form, setting out the Corporation's decision on the review, and the rights of review that exist in respect of the decision, to—\n\t(a)\tthe worker; and\n\t(b)\tthe employer from whose employment the work injury arose.\n\t(9)\tThis section does not limit the powers of the Corporation under any other section of this Act.\n47—Economic adjustments to weekly payments for seriously injured workers\n\t(1)\tIf a seriously injured worker is incapacitated for work or appears likely to be incapacitated for work for more than 1 year, the Corporation must, during the course of each year of incapacity, review the weekly payments for the purpose of making an adjustment to the amount of those payments under this section.\n\t(2)\tBefore the Corporation begins a review under this section, the Corporation must give the worker notice, in a designated form—\n\t(b)\tinviting the worker to make written representations to the Corporation on the subject of the review within a reasonable time specified in the notice.\n\t(3)\tAn adjustment under this section—\n\t(a)\tmust be based on—\n\t(i)\tchanges in the rates of remuneration payable to workers generally or to workers engaged in the kind of employment from which the worker's injury arose; or\n\t(ii)\tif the worker applies, in a designated manner and a designated form, for the adjustment to be made on the basis of changes in rates of remuneration prescribed by an award or enterprise agreement payable to a group of workers of which the worker was a member at the time of the occurrence of the injury—changes in those rates of remuneration; and\n\t(b)\toperates—\n\t(i)\tin the case of an adjustment under paragraph (a)(i)—from the end of the year of incapacity in which the review is made;\n\t(ii)\tin the case of an adjustment under paragraph (a)(ii)—from the Corporation's decision on the application, back‑dated to the date of the relevant changes in rates of remuneration.\n\t(4)\tIf the Corporation makes an adjustment to weekly payments under this section, the Corporation must give notice in writing, in a designated form, to the worker—\n\t(a)\tcontaining such information as the regulations may require as to the grounds on which the adjustment is being made; and\n\t(b)\tinforming the worker of the worker's rights to have the Corporation's decision reviewed.\n","sortOrder":9},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Reduction or discontinuance of weekly payments","content":"Subdivision 4—Reduction or discontinuance of weekly payments\n48—Reduction or discontinuance of weekly payments\n\t(1)\tSubject to this Act, weekly payments to a worker who has suffered a work injury must not be reduced unless—\n\t(a)\tthe worker consents to the reduction of weekly payments; or\n\t(b)\tthe Corporation is satisfied, on the basis of a certificate of a recognised health practitioner, that there has been a reduction in the extent the worker is incapacitated for work by the work injury; or\n\t(c)\tthe reduction is necessary to correct an arithmetical or clerical error; or\n\t(d)\tif the weekly payments include a component for overtime—the Corporation is satisfied that if the worker had continued in the work in which he or she was last employed before becoming incapacitated, he or she would not have continued to work overtime or the pattern of overtime would have changed so that the amount of overtime would have diminished; or\n\t(e)\tthe worker has recommenced work as an employee or as a self‑employed contractor, or the worker has had an increase in remuneration as an employee or a self‑employed contractor; or\n\t(f)\tthe worker's entitlement to weekly payments reduces because of the passage of time; or\n\t(g)\tthe worker's entitlement to weekly payments reduces because of the occurrence of some other event or the making of some other decision or determination that, under another provision of this Act, is expressed to result in a reduction to an entitlement to weekly payments or the reduction of weekly payments is otherwise authorised or required under another provision of this Act.\n\t(2)\tSubject to this Act, weekly payments to a worker who has suffered a work injury must not be discontinued unless—\n\t(a)\tthe worker consents to the discontinuance of weekly payments; or\n\t(b)\tthe Corporation is satisfied, on the basis of a certificate of a recognised health practitioner, that the worker has ceased to be incapacitated for work by the work injury; or\n\t(c)\tthe worker has returned to work; or\n\t(d)\tthe worker has obtained work as an employee, or as a self-employed contractor, that is providing remuneration equal to or above the worker's notional weekly earnings; or\n\t(e)\tthe worker's employment has been properly terminated on the ground of serious and wilful misconduct; or\n\t(f)\tthe worker breaches the obligation of mutuality; or\n\t(g)\tthe worker is, without the Corporation's consent—\n\t(i)\tresiding outside the State; or\n\t(ii)\tabsent from the State for more than 2 months in any continuous period of 12 months; or\n\t(h)\tthe worker's entitlement to weekly payments ceases because of the passage of time; or\n\t(ha)\tthe worker—\n\t(i)\thas been receiving weekly payments on the basis of an interim decision under section 21(3); and\n\t(ii)\tthe interim decision is brought to an end under section 21(4)(b)(ii); or\n\t(i)\tthe worker's entitlement to weekly payments ceases because of the occurrence of some other event or the making of some other decision or determination that, under another provision of this Act, brings the entitlement to weekly payments to an end or the discontinuance of weekly payments is otherwise authorised or required under another provision of this Act.\n\t(3)\tA worker breaches the obligation of mutuality if—\n\t(a)\tthe Corporation has, by written notice to the worker, required the worker to submit to an examination by a recognised health practitioner nominated by the Corporation and the worker fails to comply with the requirement within the time allowed in the notice or obstructs the examination; or\n\t(b)\tthe Corporation has, by written notice to the worker, required the worker to submit to the Corporation a certificate from a recognised health practitioner certifying that the work injury continues, and the worker fails to comply with the requirement within the time allowed in the notice; or\n\t(c)\tthe worker refuses or fails to submit to proper medical treatment for the worker's condition; or\n\t(d)\tthe worker refuses or fails—\n\t(i)\tto participate or cooperate in the establishment of a recovery/return to work plan for the worker; or\n\t(ii)\tto comply with obligations imposed on the worker by or under a recovery/return to work plan for the worker; or\n\t(e)\tthe worker refuses or fails—\n\t(i)\tto undertake work that the worker has been offered and is capable of performing; or\n\t(ii)\tto take reasonable steps to find or obtain suitable employment or to comply with any other return to work obligation placed on the worker under this Act,\nor having obtained suitable employment, unreasonably discontinues the employment; or\n\t(f)\tthe worker refuses or fails to participate in assessments of the worker's capacity, return to work progress or future employment prospects (including by failing to attend); or\n\t(g)\tthe worker does anything else that is, apart from this subsection, recognised as a breach of the obligation of mutuality.\n\t(4)\tHowever, a worker does not breach the obligation of mutuality—\n\t(a)\tby reasonably refusing surgery or the administration of a drug; or\n\t(b)\twhere there is a difference of medical opinion about the appropriate treatment for the worker's condition, or the possibility of choice between a number of reasonable forms of treatment—by choosing 1 form of treatment in preference to another.\n\t(5)\tWhere the Corporation decides to reduce or discontinue weekly payments under this section, the Corporation must give notice in writing to the worker—\n\t(a)\tcontaining such information as the regulations may require as to the reasons for the Corporation's decision; and\n\t(b)\tinforming the worker of the worker's right to have the decision reviewed.\n\t(6)\tThe notice must be given at least the prescribed number of days before the decision is to take effect in any of the following cases:\n\t(a)\twhere a decision to reduce weekly payments is made, without the consent of the worker, on the ground that—\n\t(i)\tthe Corporation is satisfied that there has been a reduction in the extent the worker is incapacitated for work by the work injury; or\n\t(ii)\tthe Corporation is satisfied, in the case of a worker whose weekly payments include a component for overtime, that the worker would not have continued to work overtime or the pattern of overtime would have changed so that the amount of overtime would have diminished;\n\t(b)\twhere a decision to discontinue weekly payments is made, without the consent of the worker, on the ground that—\n\t(i)\tthe Corporation is satisfied that the worker has ceased to be incapacitated for work by the work injury (although the worker has not returned to work); or\n\t(ii)\tthe worker has failed to submit to an examination by a recognised health practitioner or to provide a medical certificate as required by the Corporation; or\n\t(iii)\tthe worker has been dismissed from employment for serious and wilful misconduct; or\n\t(iv)\tthe worker has breached the obligation of mutuality;\n\t(c)\twhere a decision to reduce or discontinue weekly payments is made under section 46,\nand in any other case the notice must be given as soon as practicable after the decision is made (but not necessarily before it takes effect).\n\t(7)\tFor the purposes of subsection (6), the prescribed number of days is—\n\t(a)\tif the worker's entitlement to weekly payments relates to a period that is within 52 weeks from the date on which incapacity for work first occurred—14 days;\n\t(b)\tin any other case—28 days.\n\t(8)\tSubject to complying with subsection (6), a reduction or discontinuance of weekly payments under this section takes effect in accordance with the terms of the Corporation's notice under subsection (5).\n\t(9)\tSubject to subsection (10), if a worker, within 1 month after the worker receives notice of a decision by the Corporation to reduce or discontinue weekly payments under this section, makes application to the Tribunal for a review of the decision and, as part of that application, makes an election under this subsection—\n\t(a)\tthe operation of the decision is suspended and—\n\t(i)\tthe weekly payments must continue or, if the decision has already taken effect, the weekly payments must be reinstated (to their previous level), until the matter first comes before a member of the Tribunal; and\n\t(ii)\tthe Corporation must make a payment to the worker for any weekly payments that have not been made between the date that the decision took effect and the date of their reinstatement; and\n\t(b)\tthe Tribunal may as it thinks fit and from time to time, and after having regard to the nature and circumstances of the case—\n\t(i)\tfurther suspend the operation of the decision (from time to time) to allow a reasonable opportunity for resolution of the dispute by conciliation or determination if such action is reasonably necessary in order to avoid undue financial hardship being suffered by the worker and subject to the principle that the Tribunal should give extra weight to taking action under this subparagraph if it appears to the Tribunal that it is reasonably open to the worker to dispute the relevant decision;\n\t(ii)\tvary or revoke a decision under subparagraph (i), including so as to provide that weekly payments will only continue, or continue at a reduced rate, if the worker complies with conditions determined by the Tribunal;\n\t(iii)\tmake an order for the payment of an amount to represent some or all of any weekly payments that have not been made to the worker during the period of the dispute.\n\t(10)\tWeekly payments are not payable under subsection (9) after the end of the period of 104 weeks from the date on which the relevant incapacity for work first occurs (other than in the case of a seriously injured worker and not, in any event, so as to go beyond a date where the weekly payments would come to an end in any event under another provision of this Act).\n\t(10a)\tIf the Corporation is acting under subsection (2)(ha)—\n\t(a)\tthe notice under subsection (6) must be given as soon as practicable after the decision is made (but not necessarily before it takes effect); and\n\t(b)\tsubsection (10) does not apply.\n\t(11)\tIf a dispute is resolved in favour of the worker, the worker is entitled to be paid the amount that, subject to or according to the resolution of the matter, would have constituted the worker's entitlements under this Act had the weekly payments not been reduced or discontinued (as the case may be), after taking into account any amount paid under subsection (9), or under another provision of this Act.\n\t(12)\tAn amount paid under subsection (11) will be increased by interest at the prescribed rate.\n\t(13)\tIf a dispute is ultimately resolved in favour of the Corporation and the worker has been paid an amount in excess of the amount of the worker's lawful entitlements to weekly benefits on account of the operation of subsection (9), the Corporation may, at the Corporation's discretion (but subject to the regulations)—\n\t(a)\trecover the amount of the excess (together with any interest on that amount paid by the Corporation) from the worker as a debt; or\n\t(b)\tset off the amount recoverable under paragraph (a) against liabilities of the Corporation to make payments to the worker under this Act.\n\t(14)\tIf the Corporation makes a weekly payment to a worker on the assumption that the worker is incapacitated for work but the worker has in fact returned to work, the Corporation may, subject to the regulations, recover the amount of the payment as a debt.\n\t(15)\tIf the Corporation overpays a worker by way of weekly payments in consequence of—\n\t(a)\tan arithmetical or clerical error; or\n\t(b)\tan assumption, subsequently found to be incorrect, that a particular pattern of overtime would have continued if the worker had continued in the work in which he or she was last employed before becoming incapacitated,\nthe Corporation may, subject to and in accordance with the regulations, recover the amount overpaid as a debt.\n\t(16)\tAn employer who believes that reasonable grounds exist for the reduction or discontinuance of weekly payments under this section to a worker employed by, or formerly employed by, the employer may, in a manner determined by the Corporation, request the Corporation to review the circumstances of the case and to reduce or discontinue the weekly payments.\n\t(17)\tThe Corporation must carry out the review as soon as practicable after receipt of a request under subsection (16) unless the request is, in the Corporation's opinion, unreasonable.\n\t(18)\tIf the Corporation declines to carry out a review as requested under subsection (16), or it appears that there has been undue delay in carrying out the review, the Tribunal may, on application by the employer, direct the Corporation to carry out the review, or give such directions as appear reasonable in the circumstances to expedite the review (as the case may require).\n\t(19)\tThe Corporation must comply, or take steps to ensure compliance, with such a direction.\n\t(20)\tOn completing the review, the Corporation must give the employer notice in writing—\n\t(a)\tof the Corporation's decision on the review, and the reasons for its decision; and\n\t(b)\tof the employer's right to have the Corporation's decision reviewed.\n\t(21)\tThis section does not apply in relation to the discontinuance of payments under Division 5 of this Part or Part 5 (and in such a case no notice of discontinuance need be given).\n\t(22)\tIn connection with the operation of subsection (2) (and to avoid doubt), a worker is required to take reasonable steps to attend any appointment reasonably required for the purposes of this Division (and a failure to comply with such a requirement constitutes a ground for the discontinuance of payments under this section).\n","sortOrder":10},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Related matters","content":"Subdivision 5—Related matters\n49—Protection from excess payments\n\t(1)\tA worker is not entitled under this Division to receive, in respect of 2 or more injuries, weekly payments in excess of the worker's notional weekly earnings.\n\t(2)\tIf a liability to make weekly payments is redeemed (whether under this Act or the repealed Act), the worker is taken, for the purposes of this Act, to be receiving the weekly payments that would have been payable if there had been no redemption.\n\t(3)\tIf a liability to make weekly payments is discharged under a deed of release under section 66(7), the injured party (within the meaning of that section) is taken, for the purposes of this Division, to be receiving the weekly payments that would have been payable if the deed of release had not been entered into.\n50—Weekly payments and leave entitlements\n\t(1)\tSubject to this section, neither the liability to make weekly payments to a worker in respect of a period of incapacity nor the amount of such weekly payments is affected by a payment, allowance or benefit for annual leave or long service leave to which the worker is entitled in respect of that period.\n\t(2)\tIf a worker is absent from employment in consequence of a work injury, the period of absence must for the purposes of computing the worker's entitlement to annual leave or sick leave under any Act, award or industrial agreement, be counted as a period of service in the worker's employment.\n\t(3)\tIf a worker has received weekly payments in respect of total incapacity for work over a period of 52 weeks or more, the liability of the employer to grant annual leave to the worker in respect of a year of employment that coincides with, or ends during the course of, that period will be taken to have been satisfied.\n\t(4)\tSubsection (3) does not affect the obligation of an employer to make a payment in the nature of an annual leave loading.\n\t(a)\tthe entitlement of a worker to annual leave, or payment in lieu of annual leave, is governed by a law of the Commonwealth or a State or Territory of the Commonwealth (not being this State); and\n\t(b)\tthe worker is absent from employment in consequence of a work injury; and\n\t(c)\tthe period of absence is not taken into account as service for the purpose of calculating the worker's entitlement to annual leave or payment in lieu of annual leave,\nthe worker is entitled by way of compensation to the monetary value of the annual leave that would have accrued if the worker had not been absent from employment.\n\t(6)\tAny compensation payable under subsection (5) must be paid when the annual leave, or the payment in lieu of annual leave, would (assuming that the worker had not been absent from employment) have been granted or made.\n\t(7)\tIf a worker applies for, and takes, a period of annual leave, the Corporation may suspend weekly payments that would otherwise be payable to the worker during the period while the worker is on leave.\n\t(8)\tA decision of the Corporation under subsection (7) does not constitute a reviewable decision under Part 6.\n51—Absence of worker from Australia\n\t(1)\tIf a worker who has suffered a work injury and who is receiving weekly payments under this Division is to be absent from Australia for a period in excess of 28 days, the worker must, at least 28 days before leaving Australia, give the Corporation prescribed details of the proposed absence.\n\t(2)\tIf the Corporation is of the opinion that the absence may impair the prospects of the worker's recovery or return to work, it may, after giving the worker at least 14 days notice, in a designated form, of its intention to do so, suspend or reduce the weekly payments to the worker.\n\t(3)\tThe Corporation may suspend weekly payments that are being made to a worker who is absent from Australia—\n\t(a)\tif the Corporation cannot obtain, to its satisfaction, information relating to—\n\t(i)\tthe whereabouts of the worker; or\n\t(ii)\tthe continuance of the worker's injury or incapacity for work; or\n\t(iii)\tthe earning capacity of the worker; or\n\t(b)\tif there is, in the opinion of the Corporation, some other proper reason justifying suspension of the weekly payments.\n\t(4)\tIf an injured worker leaves Australia without giving the notice required under subsection (1), the Corporation may suspend weekly payments to the worker.\n52—Reports of return to work etc\n\t(1)\tAn employer (other than a self-insured employer) must notify the Corporation whenever—\n\t(a)\ta worker who has been receiving weekly payments for total incapacity returns to work; or\n\t(b)\tthere is a change in the weekly earnings of a worker who is receiving weekly payments for partial incapacity; or\n\t(c)\tthere is a change in the type of work performed by a worker who is receiving weekly payments for partial incapacity,\n(but notification is not required in a case or class of cases excepted by the Corporation from the operation of this subsection).\n\t(2)\tIf a worker who has been receiving weekly payments for total incapacity returns to work with an employer other than the employer from whose employment the injury arose, the worker must notify that previous employer of the return to work.\n\t(3)\tA notification under subsection (1) or (2)—\n\t(a)\tmust be given within 14 days of the occurrence of the notifiable event; and\n\t(b)\tmust include full particulars of the notifiable event.\n\t(4)\tA person who without reasonable excuse fails to comply with this section is guilty of an offence.\nDivision 5—Redemptions\n53—Redemptions—liabilities associated with weekly payments\n\t(1)\tA liability to make weekly payments under Division 4 may, by agreement between the worker and the Corporation, be redeemed by a capital payment to the worker.\n\t(2)\tAn agreement for the redemption of a liability under this section cannot be made unless—\n\t(a)\tthe worker has received competent professional advice about the consequences of redemption; and\n\t(b)\tthe worker has received financial advice from a qualified financial adviser about the investment or use of money to be received on redemption; and\n\t(c)\tthe Corporation has consulted with the employer out of whose employment the injury arose and has considered any representations made by the employer; and\n\t(d)\ta recognised health practitioner has certified that the extent of the worker's incapacity resulting from the work injury can be determined with a reasonable degree of confidence.\n\t(3)\tThe amount of the redemption payment is to be fixed by the agreement.\n\t(4)\tIf the Corporation notifies a worker in writing that it is prepared to enter into negotiations for the redemption of a liability by agreement under this section, the Corporation is liable to indemnify the worker for reasonable costs of obtaining the advice required under this section up to a limit prescribed by regulation.\n\t(5)\tIn the case of a seriously injured worker, this section applies subject to any election made by the worker under Part 5 Division 1.\n\t(5a)\tIn addition, a seriously injured worker who has made an election under section 56A cannot enter into an agreement for the redemption of a liability under this section for the injury or injuries for which the election was made.\n\t(6)\tThe following decisions are not reviewable:\n\t(a)\ta decision of the Corporation not to agree to a redemption under this section;\n\t(b)\ta decision on the amount of a redemption.\n54—Redemptions—liabilities associated with medical services\ndesignated liability means—\n\t(a)\ta liability to make payments under section 33 in relation to a work injury suffered by a worker; and\n\t(b)\tin association with a liability under paragraph (a) (if relevant), a liability to make weekly payments under section 40.\n\t(3)\tA designated liability may, by agreement between the worker and the Corporation, be redeemed by a capital payment to the worker.\n\t(4)\tAn agreement for the redemption of a liability under this section cannot be made unless—\n\t(a)\tthe worker has received competent professional advice about the consequences of redemption; and\n\t(b)\tthe worker has received advice from a recognised health practitioner about the future medical services (and, if relevant, therapeutic appliances and other forms of assistance related to his or her future health) that the worker will or is likely to require on account of the work injury and any related surgery, treatment or condition.\n\t(5)\tThe amount of the redemption payment is to be fixed by the agreement.\n\t(6)\tIf the Corporation notifies a worker in writing that it is prepared to enter into negotiations for the redemption of a liability by agreement under this section, the Corporation is liable to indemnify the worker for reasonable costs of obtaining the advice required under this section up to a limit prescribed by regulation.\n\t(7)\tThe following decisions are not reviewable:\n\t(a)\ta decision of the Corporation not to agree to a redemption under this section;\n\t(b)\ta decision on the amount of a redemption.\n","sortOrder":11},{"sectionNumber":"Div 6","sectionType":"division","heading":"Permanent impairment—economic loss","content":"Division 6—Permanent impairment—economic loss\n55—Preliminary\nrelevant date means the relevant date, as it applies in relation to a worker, under section 5.\n\t(2)\tFor the purposes of this Division, the age factor is the percentage that applies in relation to an injured worker under Schedule 6 (subject to the operation of subsection (3)).\n\t(3)\tFor the purposes of Schedule 6, the relevant age of the worker is the worker's age at the relevant date.\n\t(4)\tFor the purposes of this Division, the hours worked factor is the number of hours per week being worked by the worker (whether full‑time or part‑time) at the relevant date, expressed as a percentage of full‑time work.\n\t(5)\tFor the purposes of subsection (4) (but subject to subsections (6) and (7)), what constitutes full‑time or part‑time work must be consistent with the determinations made under section 5 in relation to the worker.\n\t(6)\tIf by reason of the worker's circumstances on the relevant date it is not possible to arrive at a fair determination under subsection (4), the Corporation may apply such factors as it thinks appropriate to arrive at a fair determination of the number of hours per week that will apply for the purposes of this Division.\n\t(7)\tFurthermore, if in relation to a worker who was working part‑time at the relevant date there is evidence that, at the relevant date, the worker had a legally enforceable right to return to full‑time work, the hours worked factor applying in relation to the worker will be based on full‑time work.\n\t(8)\tFor the purposes of this Division, the prescribed sum is the amount applying under Schedule 7 in relation to a worker's whole person impairment.\n\t(9)\tIn connection with the operation of subsection (8), the amount to be applied with respect to a particular injury is the amount applying under Schedule 7 at the relevant date.\n56—Lump sum payments—economic loss\n\t(1)\tSubject to this Act, if a worker, other than a prescribed seriously injured worker, suffers a work injury resulting in permanent impairment as assessed under Part 2 Division 5, the worker is entitled (in addition to any entitlement apart from this section) to compensation for loss of future earning capacity by way of a lump sum.\n\t(2)\tAn entitlement does not arise under this section if the worker's degree of whole person impairment from physical injury is less than 5%.\n\t(3)\tAn entitlement does not arise under this section in relation to—\n\t(a)\ta psychiatric injury or consequential mental harm; or\n\t(b)\tnoise induced hearing loss.\n\t(4)\tSubject to this section, the lump sum will be an amount determined as follows:\n\nLS is the lump sum\nPS is the prescribed sum that applies in relation to the worker's whole person impairment, provided that the prescribed sum cannot exceed the prescribed sum applicable for 34% whole person impairment\nAF is the age factor applying in relation to the injured worker\nHWF is the hours worked factor applying in relation to the injured worker.\n\t(5)\tIf a worker suffers 2 or more impairments arising from the same injury or cause, those impairments will be assessed together and combined to determine the degree of impairment of the worker (using any principle set out in the Impairment Assessment Guidelines).\n\t(a)\ta worker suffers a work injury that gives rise to an entitlement under this section; and\n\t(b)\tthe worker subsequently suffers—\n\t(i)\tan aggravation, acceleration, exacerbation, deterioration or recurrence of the injury referred to in paragraph (a); or\n\t(ii)\ta new work injury,\nand the worker, as a result, has a second entitlement under this section,\nthere will be a reduction of the lump sum payable under this section in respect of the second entitlement by the amount of the payment for the earlier entitlement unless such a reduction is incorporated into the provisions of the Impairment Assessment Guidelines (and then this subsection will apply in relation to any third or subsequent entitlement in the same way in order to ensure that each lump sum previously paid is taken into account as new entitlements arise).\n\t(7)\tFor the purposes of this section, any degree of impairment will be assessed in accordance with Part 2 Division 5 (and the Impairment Assessment Guidelines).\n\t(8)\tOnly 1 claim may be made under this Division in respect of any impairments that have been combined as provided by section 22 and this section (and any impairment or impairments that are not combined under section 22 will not be combined under this section).\n\t(10)\tCompensation is not payable under this section after the death of the worker concerned.\n\t(11)\tIn the operation of this section, in no case can the lump sum exceed the prescribed sum adjusted by the age factor.\n\t(12)\tIn this section—\nprescribed seriously injured worker means a seriously injured worker who has not made an election under section 56A.\n56A—Seriously injured worker—election to receive lump sum payment\n\t(1)\tSubject to this section, a seriously injured worker may elect to receive a lump sum payment under section 56 at any time on or after the day on which the worker is assessed and determined to be a seriously injured worker as provided by Part 2 Division 4.\nA lump sum payment will be calculated in accordance with section 56, subject to the operation of this section.\n\t(2)\tAn entitlement does not arise under this section in relation to—\n\t(a)\ta psychiatric injury or consequential mental harm; or\n\t(b)\tnoise induced hearing loss.\n\t(3)\tIf a seriously injured worker elects to receive a lump sum payment under section 56, the worker is not entitled (on and after the day on which the lump sum payment is made) to—\n\t(a)\trecovery/return to work services for the work injury or injuries for which the election is made; or\n\t(b)\tweekly payments under section 41 for—\n\t(i)\tthe work injury or injuries for which the election is made; or\n\t(ii)\tanother impairment arising from the same cause as the work injury or injuries for which the election is made.\n\t(4)\tAn election under this section by a seriously injured worker—\n\t(b)\ttakes effect from—\n\t(i)\tin the case of an election made by a 50% or more WPI worker—the day on which the election is approved by the Tribunal under subsection (10); or\n\t(ii)\tin any other case—the day on which the election is received by the Corporation,\n(the election day).\n\t(5)\tAn election under this section cannot be made by a worker who is taken to be a seriously injured worker under section 21(3) pending an assessment of permanent impairment.\n\t(6)\tIf a worker makes an election under this section, the worker is entitled to continue to receive weekly payments under section 41 as a seriously injured worker until the day immediately preceding the day on which the lump sum payment under section 56 in respect of the election is paid.\n\t(7)\tThere will be a reduction of the lump sum payable under section 56 to a seriously injured worker who makes an election under this section by the amount of any weekly payments made to the worker after the end of the period of 104 weeks from the date on which the incapacity for work first occurs, other than weekly payments made in accordance with subsection (6) after—\n\t(a)\tin the case of an election made by a 50% or more WPI worker—the day on which the relevant application is referred to the Tribunal under this section; or\n\t(b)\tin any other case—the day on which the election is received by the Corporation.\n\t(8)\tAn election under this section cannot be made unless—\n\t(a)\tthe worker has received competent professional advice about the consequences of making an election; and\n\t(b)\tthe worker has received financial advice from a qualified financial adviser about the investment or use of money to be received on the election; and\n\t(c)\tthe worker has received advice from a recognised health practitioner about the future progression of their injury and its likely impact on their capacity to work.\n\t(9)\tAn election under this section made by a 50% or more WPI worker is referred, by force of this subsection, to the Tribunal.\n\t(10)\tThe Tribunal may approve the making of an election by a 50% or more WPI worker for the purposes of subsection (4)(b)(i) if satisfied that the election is in the best interests of the worker.\n\t(11)\tBefore approving the making of an election under subsection (10), the Tribunal may take into account a report by a recognised health practitioner relating to whether or not the election is contrary to the best interests of the worker.\n\t(12)\tAn election by a worker under this section cannot be withdrawn on or after the election day.\n\t(13)\tA seriously injured worker may only make 1 election under this section and after the worker receives the lump sum payment under section 56 to which the election relates, they are not entitled to a payment under section 56 for any other injury (whether suffered before or after the election).\n\t(14)\tIn addition, a seriously injured worker who has entered into an agreement for the redemption of a liability under section 53 cannot make an election under this section for the injury or injuries to which the redemption relates.\n\t(15)\tThe Corporation is liable to indemnify the worker for reasonable costs of obtaining the advice required under this section up to a limit prescribed by regulation.\n\t(16)\tA 50% or more WPI worker is entitled, subject to any limit prescribed by the regulations, to an award against the relevant compensating authority (within the meaning of section 75(9)) for the worker's reasonable costs of proceedings before the Tribunal relating to an application for an approval under subsection (10).\n50% or more WPI worker means a seriously injured worker whose degree of whole person impairment has been assessed and determined under Part 2 Division 5 for the purposes of this Act to be 50% or more.\n","sortOrder":12},{"sectionNumber":"Div 7","sectionType":"division","heading":"Permanent impairment—non‑economic loss","content":"Division 7—Permanent impairment—non‑economic loss\n57—Prescribed sum\n\t(1)\tFor the purposes of this Division, the prescribed sum is—\n\t(a)\tunless a regulation has been made under paragraph (b)—$472 000 (indexed); or\n\t(b)\ta greater amount prescribed by regulation for the purposes of this definition.\n\t(2)\tIn connection with the operation of subsection (1)—\n\t(a)\tthe amount to be applied with respect to a particular injury is the amount applying under that subsection at the time of the occurrence of that injury; and\n\t(b)\tan amount prescribed by regulation under paragraph (b) of that subsection must be indexed so as to provide annual adjustments according to changes in the CPI.\n58—Lump sum payments—non‑economic loss\n\t(1)\tSubject to this Act, if a worker suffers a work injury resulting in permanent impairment as assessed under Part 2 Division 5, the worker is entitled (in addition to any entitlement apart from this section) to compensation for non‑economic loss by way of a lump sum.\n\t(2)\tAn entitlement does not arise under this section if the worker's degree of whole person impairment from physical injury is less than 5%.\n\t(3)\tAn entitlement does not arise under this section in relation to a psychiatric injury or consequential mental harm.\n\t(4)\tSubject to this section, the lump sum will be an amount that represents a portion of the prescribed sum calculated in accordance with the regulations.\n\t(5)\tRegulations made for the purposes of subsection (4) must provide for compensation that at least satisfies the requirements of Schedule 8 taking into account the assessment of whole person impairment undertaken for the purposes of this Division.\n\t(6)\tIf a worker suffers 2 or more impairments arising from the same injury or cause—\n\t(a)\tthose impairments will be assessed together and combined to determine the degree of impairment of the worker (using any principle set out in the Impairment Assessment Guidelines); and\n\t(b)\tthe worker is not entitled to receive compensation by way of lump sum under subsection (4) in respect of those impairments in excess of the prescribed sum.\n\t(7)\tIf—\n\t(a)\ta work injury consists of the aggravation, acceleration, exacerbation, deterioration or recurrence of a prior work injury; and\n\t(b)\tcompensation by way of lump sum has been previously paid under this section, or a corresponding previous enactment,\nthere will be a reduction of the lump sum payable under this section in respect of the injury by the amount of the previous payment unless such a reduction is incorporated into the provisions of the Impairment Assessment Guidelines.\n\t(8)\tFor the purposes of this section, any degree of impairment will be assessed in accordance with Part 2 Division 5 (and the Impairment Assessment Guidelines).\n\t(9)\tOnly 1 claim may be made under this Division in respect of any impairments that have been combined as provided by section 22 and this section (and any impairment or impairments that are not combined under section 22 will not be combined under this section).\n\t(11)\tCompensation is not payable under this section after the death of the worker concerned.\n","sortOrder":13},{"sectionNumber":"Div 8","sectionType":"division","heading":"Payments on death","content":"Division 8—Payments on death\n59—Weekly payments\n\t(1)\tSubject to this Act, if a worker dies as a result of a work injury, compensation in the form of weekly payments is payable as follows:\n\t(a)\ta dependent spouse or domestic partner is entitled to weekly payments equal to—\n\t(i)\tin the case of total dependency—50%;\n\t(ii)\tin the case of partial dependency—such lesser percentage as may be fixed by the Corporation having regard to the extent of the dependency,\n\t(b)\ta dependent child (being an orphaned child) is entitled to weekly payments equal to—\n\t(i)\tin the case of total dependency—25%;\n\t(ii)\tin the case of partial dependency—such lesser percentage as may be fixed by the Corporation having regard to the extent of the dependency,\n\t(c)\ta dependent child (not being an orphaned child) is entitled to weekly payments equal to—\n\t(i)\tin the case of total dependency—12.5%;\n\t(ii)\tin the case of partial dependency—such lesser percentage as may be fixed by the Corporation having regard to the extent of the dependency,\n\t(d)\ta dependent relative (not being a spouse, domestic partner or child) is entitled to such compensation by way of weekly payments as may be determined by the Corporation having regard to—\n\t(i)\tthe extent of the relative's dependency on the deceased worker;\n\t(ii)\tthe earning capacity of the relative;\n\t(iii)\tthe relative's means;\n\t(iv)\tthe extent of any other benefits provided under this Act in respect of the worker's death.\n\t(2)\tFor the purposes of subsection (1), if a worker and the worker's spouse or domestic partner jointly contributed to the support of a dependent child immediately before the occurrence of the work injury that resulted in the worker's death, any contribution to the support of the child from the worker's spouse or domestic partner will be disregarded in determining whether the child is a dependant and, if so, the extent of the child's dependency.\n\t(a)\ta worker dies leaving a spouse or domestic partner and a dependent child; and\n\t(b)\tthe spouse or domestic partner subsequently dies,\nthe child (if still eligible to receive weekly payments under this section) will then be entitled to receive weekly payments under subsection (1)(b) as an orphaned child.\n\t(4)\tCompensation is payable, if the Corporation so decides, to a spouse or domestic partner or child of a deceased worker who, although not dependent on the worker at the time of the worker's death, suffers a change of circumstances that may, if the worker had survived, have resulted in the spouse or domestic partner or child becoming dependent on the worker.\n\t(5)\tWeekly payments will not be made to a dependent child under this section unless—\n\t(a)\tthe child is under the age of 18 years; or\n\t(b)\tthe child is a full-time student at an educational institution approved by the Corporation for the purposes of this paragraph and is under the age of 26 years; or\n\t(c)\tthe child is, by reason of disability, incapable of earning a living.\n\t(6)\tWeekly payments will not be paid under this section beyond the date at which such payments would, assuming that the worker had survived but had been a seriously injured worker, have ceased to be payable to the worker.\n\t(7)\tIf weekly payments payable under this section would, but for this subsection, exceed in aggregate the amount of the weekly payments to which the worker would have been entitled in the event of being a seriously injured worker with no current work capacity, the weekly payments must be proportionately reduced so as not to exceed that amount.\n\t(8)\tIf a person who is entitled to a payment under this section is under the age of 18 years, the payment may, if the Corporation so determines, be made wholly or in part to a guardian or trustee for the benefit of that person.\n\t(9)\tSubject to subsection (10), if the child of a deceased worker who is entitled to weekly payments under this section is under the age of 18 years and is in the care of a person other than a dependent spouse or domestic partner of the worker, that person will, if the Corporation so determines, be entitled to a supplementary allowance to assist in the care of the child until—\n\t(a)\tthe child attains the age of 18 years; or\n\t(b)\tthe person ceases to have the care of the child,\nwhichever first occurs.\n\t(10)\tIf a child is by reason of a disability incapable of earning a living, the Corporation may pay a supplementary allowance under subsection (9) during the period of that incapacity even though the child has attained the age of 18 years.\n\t(11)\tA liability to make weekly payments under this section may, on application by the person entitled to the weekly payments, be commuted to a liability to make a capital payment that is actuarially equivalent to the weekly payments.\n\t(12)\tHowever, the liability may only be commuted if the actuarial equivalent of the weekly payments does not exceed the prescribed sum applying under Division 7.\n\t(13)\tThe Corporation has (subject to this section) an absolute discretion to make or not to make a commutation under this section, and the Corporation's decision to make or not to make a commutation is not reviewable (but a decision on the amount of a commutation is reviewable).\n\t(14)\tIf the Corporation decides to make a commutation and makes an offer under this section, the Corporation cannot, without the agreement of the applicant, subsequently revoke its decision to make the commutation.\n\t(15)\tIn calculating the actuarial equivalent of weekly payments, the principles (and any discount, decrement or inflation rate) prescribed by regulation must be applied.\n\t(16)\tA commutation discharges the Corporation's liability to make weekly payments to which the commutation relates.\ndisability means any physical, mental or intellectual disability.\n60—Review of weekly payments\n\t(1)\tThe Corporation may on its own initiative and must if requested by an employer or the person to whom weekly payments are payable, review the amount of weekly payments payable to any person under this Division.\n\t(2)\tA request for a review of the amount of weekly payments payable under this Division may not be made within 6 months from the completion of an earlier review.\n\t(3)\tThe amount of the weekly payments payable under this Division must be reviewed at least once in each year.\n\t(4)\tOn a review under this section the Corporation must make any adjustments to the amount of weekly payments—\n\t(a)\tto reflect changes in the income from employment or earning capacity of the person to whom the weekly payments are payable and any other relevant changes in the circumstances of that person but in any event not so as to take into account income derived from the investment of a lump sum paid to the person under this Division; and\n\t(b)\tif the review is an annual review conducted under subsection (3)—to reflect changes in the rates of remuneration payable to workers generally or to workers engaged in the kind of employment from which the worker's injury arose.\n\t(5)\tFor the purposes of a review under this section, the Corporation may, by notice in writing to a person who is receiving weekly payments under this Division, require that person to produce evidence to the satisfaction of the Corporation of—\n\t(a)\tincome from employment;\n\t(b)\tearning capacity;\n\t(c)\tany other circumstances that are relevant to the payment, or the amount, of weekly benefits.\n\t(6)\tIf a person fails to comply with a requirement under subsection (5) within the time allowed in the notice, the Corporation may suspend weekly payments to that person.\n\t(7)\tIf the Corporation proposes the reduction of weekly payments to a person on a review under this section the Corporation must, at least 21 days before the proposal is to take effect, give notice in writing to the person—\n\t(a)\tcontaining such information as the regulations may require as to the grounds on which weekly payments are to be reduced; and\n\t(b)\tinforming the person of the person's rights to have the Corporation's decision reviewed.\n61—Lump sums\nchild means a person who—\n\t(a)\tis under the age of 18 years; or\n\t(b)\tis a full‑time student at an educational institution approved by the Corporation for the purposes of this paragraph and is under the age of 26 years; or\n\t(c)\tis, by reason of disability, incapable of earning a living;\ndisability means any physical, mental or intellectual disability;\npartner means a spouse or domestic partner;\nprescribed sum means the prescribed sum applying under Division 7 (as at the time of the occurrence of the work injury that resulted in the death of the relevant worker) but less any amount paid to the relevant worker under Division 7, or a corresponding previous enactment.\n\t(2)\tSubject to this Act, if a worker dies as a result of a work injury, compensation in the form of a lump sum is payable in accordance with this section.\n\t(3)\tIf the worker leaves a partner or partners, and no child, the amount of compensation is an amount equal to the prescribed sum payable to the partner or, if there is more than 1 partner, an amount payable to each partner determined by dividing the prescribed sum into equal shares.\n\t(4)\tIf the worker leaves no partner and a child or children, the amount of compensation is an amount equal to the prescribed sum payable to the child or, if there is more than 1 child, an amount payable to each child determined by dividing the prescribed sum into equal shares.\n\t(5)\tIf the worker leaves a partner, or partners, and 1 (and only 1) child, the amount of compensation is—\n\t(a)\tan amount equal to 90% of the prescribed sum payable to the partner or, if more than 1, an amount payable to each partner determined by dividing 90% of the prescribed sum into equal shares; and\n\t(b)\tan amount equal to 10% of the prescribed sum payable to the child.\n\t(6)\tIf the worker leaves a partner, or partners, and more than 1 and not more than 5 children, the amount of compensation is an amount equal to the prescribed sum payable in the following shares:\n\t(a)\tan amount equal to 5% of the prescribed sum payable to each child;\n\t(b)\tthe balance to the partner or, if more than 1, an amount payable to each partner determined by dividing the balance into equal shares.\n\t(7)\tIf the worker leaves a partner, or partners, and more than 5 children, the amount of compensation is an amount equal to the prescribed sum payable in the following shares:\n\t(a)\tan amount equal to 75% of the prescribed sum payable to the partner or, if more than 1, an amount payable to each partner determined by dividing 75% of the prescribed sum into equal shares;\n\t(b)\tan amount equal to 25% of the prescribed sum payable to the children in equal shares.\n\t(8)\tIf the worker does not leave any partner or child but leaves a person who is to any extent dependent on the worker's earnings, the Corporation may, if it considers that it is justified in the circumstances, pay compensation not exceeding the prescribed sum that the Corporation considers is reasonable and appropriate to the loss to that person (and if the Corporation decides to make a payment of compensation to more than 1 person under this subsection then the sums paid must not in total exceed the prescribed sum).\n\t(9)\tIf the worker, being under the age of 21 years at the time of the work injury, leaves no partner and no child but, immediately before the injury, was contributing to the maintenance of the home of the members of his or her family, the members of his or her family are taken to be dependent on the worker's earnings for the purposes of subsection (8).\n\t(10)\tIf a person who is entitled to a payment under this section is under the age of 18 years, the payment may, if the Corporation so determines, be made wholly or in part to a guardian or trustee for the benefit of that person.\n\t(11)\tA claimant is entitled to interest at the prescribed rate on an amount of compensation payable under this section in respect of the period beginning on the date the claim for compensation was lodged in accordance with this Act and ending on the date of the payment.\n62—Funeral benefits\n\t(1)\tIf a worker dies as a result of a work injury, a funeral benefit is payable equal to—\n\t(a)\tthe actual cost of the worker's funeral; or\n\t(b)\tthe prescribed amount,\n\t(2)\tA funeral benefit payable under subsection (1) will be paid—\n\t(a)\tto the person who conducted the funeral; or\n\t(b)\tto a person who has paid, or is liable to pay, the funeral expenses of the deceased worker.\n\t(3)\tAn amount prescribed by regulation under subsection (1) may, if the regulations so provide, be indexed so as to provide annual adjustments according to changes in the CPI.\n63—Counselling services\n\t(1)\tIf a worker dies as a result of a work injury, a family member is entitled to be compensated for the cost of approved counselling services to assist the family member to deal with issues associated with the death.\n\t(2)\tCompensation in respect of costs under this section may be paid—\n\t(a)\tto the family member; or\n\t(b)\tdirectly to the person to whom the family member is liable for those costs.\n\t(3)\tCompensation under this section will be payable in accordance with scales determined or approved by the Minister and published in the Gazette.\n\t(4)\tA reference in this section to approved counselling services is a reference to counselling services of a kind, or provided by a person, approved by the Corporation for the purposes of this section.\n\t(5)\tIn this section—\nfamily member means a spouse, domestic partner, parent, sibling or child of the worker or of the worker's spouse or domestic partner.\n","sortOrder":14},{"sectionNumber":"Div 9","sectionType":"division","heading":"Rules as to liability","content":"Division 9—Rules as to liability\n64—Incidence of liability\n\t(1)\tSubject to this section, the Corporation is liable for the compensation that is payable under this Part on account of the occurrence of a work injury.\n\t(2)\tIf a work injury arises from employment by a self‑insured employer, the self‑insured employer is liable to make all payments of compensation to which any person becomes entitled in consequence of the occurrence of that work injury.\n\t(3)\tA self-insured employer is liable to make all outstanding payments of compensation to which a person is entitled in consequence of the occurrence of a work injury arising from employment by the employer that occurred before the employer became a self‑insured employer.\n\t(4)\tIn connection with the assumption of liability by a self-insured employer under subsection (3) to make outstanding payments of compensation, the Corporation must determine, in accordance with the code of conduct for self-insured employers published by the Corporation in the Gazette under Part 9, whether—\n\t(a)\tthe Corporation is required to make a payment to the self‑insured employer; or\n\t(b)\tthe self‑insured employer is required to make a payment to the Corporation,\nand the amount of any such payment.\n\t(5)\tSubject to this section, if a worker is, as a result of a work injury, totally or partially incapacitated for work and is in employment when the incapacity arises, the worker's employer is liable to pay compensation by way of income maintenance—\n\t(a)\tif the period of incapacity is no more than the excess liability period—for the whole period of incapacity; or\n\t(b)\tif the period of incapacity is more than the excess liability period—for the excess liability period.\n\t(6)\tFor the purposes of subsection (5), the excess liability period is the first 2 weeks of the period of incapacity.\n\t(7)\tIf separate periods of incapacity commence during the course of the same calendar year (whether attributable to the same injury or not), an employer is not liable to pay compensation under subsection (5) for those periods of incapacity in excess of an amount equal to twice the worker's average weekly earnings.\n\t(8)\tIf a worker is, at the commencement of a period of incapacity, in the employment of 2 or more employers, they are liable to pay the compensation referred to in subsection (5) in proportions determined by agreement between them or, in default of agreement, by the Corporation.\n\t(9)\tAn employer who is liable to pay compensation to a worker under subsection (5) must make the payment—\n\t(a)\tif the claim for compensation is not disputed—within 14 days after the date of the claim; or\n\t(b)\tif the claim for compensation is disputed—forthwith after the dispute is determined.\n\t(10)\tIf an employer (not being a self-insured employer) pays compensation under subsection (5) in respect of an unrepresentative injury, the employer may recover the amount of the payment from the Corporation.\n\t(11)\tIf an employer pays compensation under subsection (5) in respect of an injury that did not arise from employment by that employer, that employer may recover the amount of the payment from the Corporation, and the Corporation may, in turn, recover that amount—\n\t(a)\tfrom the employer from whose employment the injury arose; or\n\t(b)\tif it appears that the worker was not entitled to that compensation—from the worker.\n\t(12)\tIf the Corporation pays compensation by way of income maintenance to a worker who was not in employment when the incapacity for work arose, the Corporation may recover any amount that would, if the worker had been in employment, have been payable under subsection (5) by the employer from whose employment the worker's injury arose.\n\t(13)\tThe regulations may exempt prescribed classes of employers from the operation of subsection (5) (and in that case the Corporation will undertake any liability of those employers that would otherwise have arisen under that subsection).\n\t(14)\tThe Corporation will also undertake any liability of an employer under subsection (5) in respect of a particular injury if the Corporation is satisfied that the employer has complied with the employer's responsibilities under section 30(5) within 5 days after receipt of the relevant claim (and if an employer pays compensation despite the operation of this subsection, the employer may recover the amount of the payment from the Corporation up to the amount of compensation payable to the worker under this Act in respect of the relevant period).\n\t(15)\tNo compensation by way of income maintenance is payable to an injured self‑employed worker whose injury arises from self-employment in respect of the first week of incapacity for work.\n\t(16)\tAn employer may pay compensation by way of income maintenance after the period that applies under subsection (5) (being compensation that would otherwise be payable by the Corporation) in accordance with any guidelines published by the Corporation for the purposes of this subsection.\n\t(17)\tIf an employer makes a payment under subsection (16), the employer may recover the amount of the payment from the Corporation if—\n\t(a)\tthe employer applies to the Corporation in the designated manner and form; and\n\t(b)\tthe Corporation receives the application within 3 months from the date of the payment to the worker, or within such longer period (if any) as the Corporation may, in its absolute discretion, allow in the particular case.\n\t(18)\tIf an employer is liable to make weekly payments of compensation, the Corporation may, at the request of the employer, undertake that liability on the employer's behalf in consideration of the payment by the employer to the Corporation of an amount fixed by the Corporation.\n\t(19)\tIf an employer fails to make a payment of compensation that the employer is liable to make under this Act, the Corporation will make that payment on behalf of the employer.\n\t(20)\tIf the Corporation makes a payment of compensation under subsection (19), the Corporation is entitled to recover from the employer as a debt—\n\t(a)\tthe amount of the payment; and\n\t(b)\tan administration fee fixed in accordance with the regulations,\n(and the Corporation will take all reasonable steps to recover that debt).\n\t(21)\tNothing in this section requires an employer (not being a self-insured employer) to undertake a liability under section 40.\n65—Augmentation of weekly payment in consequence of delay\n\t(1)\tSubject to subsection (2), if—\n\t(a)\ta weekly payment, or part of a weekly payment, is not paid as and when required to be paid under this Act; or\n\t(b)\tthe making of a weekly payment is delayed pending resolution of a dispute under this Act,\nany amount in arrears will be increased by interest at the prescribed rate.\n\t(2)\tNo interest is payable under this section if the delay is attributable to some fault on the part of the worker.\n","sortOrder":15},{"sectionNumber":"Div 10","sectionType":"division","heading":"Related matters","content":"Division 10—Related matters\n66—Rights of action and recovery against third parties\n\t(1)\tSubject to this section, nothing in this Part affects a liability arising out of the use of a motor vehicle that gives rise to a liability for motor accident damages.\n\t(2)\tA court before which an action is brought against an employer for loss arising from a work injury (being an injury arising out of the use of a motor vehicle and gives rise to liability of a kind referred to in subsection (1)) must make due allowance for any compensation paid under this Part to the person by or on whose behalf the action is brought.\n\t(a)\ta worker suffers a work injury (not being an injury that arises out of the use of a motor vehicle and gives rise to a liability of a kind referred to in subsection (1)); and\n\t(b)\tthe injury is attributable to the negligence of another worker—\n\t(i)\twho was acting in the course of employment with the same employer; and\n\t(ii)\twhose negligence did not arise from, or in the course of, serious and wilful misconduct,\nthe worker has no right of action against the other worker.\n\t(4)\tIf—\n\t(a)\ta worker suffers a work injury (not being an injury that arises out of the use of a motor vehicle and gives rise to a liability of a kind referred to in subsection (1)); and\n\t(b)\taction is taken against a person other than the employer for damages in respect of the injury,\nthe other person has no right to recover a contribution from the employer.\n\t(a)\tcompensation is paid or payable under this Act in respect of a work injury;\n\t(b)\ta right of action exists against a person other than the employer for damages in respect of the injury,\nthe person by whom the compensation is paid or payable is entitled to recover from that other person the amount of the compensation in accordance with subsection (7).\n\t(a)\ta work injury arises out of the use of a motor vehicle; and\n\t(b)\tthe employer was or ought to have been insured against liability for the injury under the law of compulsory third-party motor vehicle insurance; and\n\t(c)\tcompensation is paid or payable by the Corporation or a self-insured employer under this Act in respect of the injury,\nthe Corporation or a self‑insured employer (as the case requires) is entitled to recover the amount of the compensation in accordance with subsection (7).\n\t(7)\tIf—\n\t(a)\tcompensation is paid or payable to a person (the injured party) under this Act; and\n\t(b)\tthe injured party has received, or is entitled to, damages from another person (the wrongdoer) pursuant to rights arising from the same trauma as gave rise to the rights to compensation under this Act; and\n\t(c)\tthe person by whom the compensation is paid or payable under this Act (the claimant) is entitled to recover the amount of the compensation by virtue of subsection (5) or (6),\nthen the following provisions apply:\n\t(d)\tthe claimant is entitled to recover the amount of compensation paid or payable under this Act from the wrongdoer or the injured party but subject to the following qualifications:\n\t(i)\tno amount may be recovered from the wrongdoer in excess of the wrongdoer's unsatisfied liability to the injured party; and\n\t(ii)\tthe claimant must exhaust its rights against the wrongdoer before recovering against the injured party; and\n\t(iii)\tno amount may be recovered from the injured party in excess of the amount of the damages received by the injured party;\n\t(e)\tthe claimant must, on giving notice to a wrongdoer of an entitlement to recover compensation under this section, have a first charge, to the extent of the entitlement, on damages payable by the wrongdoer to the injured party;\n\t(f)\tany amount recovered by the claimant against a wrongdoer under this subsection will be taken to be an amount paid in or towards satisfaction of the wrongdoer's liability to the injured party;\n\t(g)\tan action for the recovery of compensation under this subsection—\n\t(i)\tmay be heard and determined in proceedings brought in the District Court of South Australia; and\n\t(ii)\tmust be commenced within 3 years after the date of the trauma referred to in paragraph (b);\n\t(h)\tthe injured party and the claimant may enter into an agreement (a deed of release) under which the parties agree that after the claimant has recovered from the injured party or the wrongdoer the full amount of compensation paid by the claimant to the injured party—\n\t(i)\tthe injured party is then entitled to retain the balance of any damages paid or payable to him or her by the wrongdoer; and\n\t(ii)\tany liability by the claimant to the injured party under this Act in respect of the work injury (including a liability to provide recovery/return to work services or to provide compensation under Division 4) is discharged; and\n\t(iii)\tthe employer from whose employment the injury arose has no further obligation under this Act to provide suitable employment to the injured party;\n\t(i)\ta deed of release cannot be entered into unless the injured party has received—\n\t(i)\tcompetent professional advice; and\n\t(ii)\tcompetent financial advice,\nabout the consequences of entering into the deed of release;\n\t(j)\tif the claimant notifies the injured party that it is willing to enter into a deed of release, the claimant is liable to indemnify the injured party for reasonable costs of obtaining the advice required under paragraph (i) up to a limit prescribed by regulation.\n\t(8)\tThis section is intended to apply in relation to any action that arises out of the occurrence of a work injury—\n\t(a)\tirrespective of where the injury occurred; and\n\t(b)\t—\n\t(i)\tirrespective of whether the action is brought before a court of this State or before a court of some other state, territory or country; and\n\t(ii)\tnotwithstanding that the court before which the action is brought would not (but for this subsection) apply, or take into account, South Australian law.\n\t(9)\tIf—\n\t(a)\tan action is brought in respect of a work injury in a court that is not a court of the State; and\n\t(b)\tdespite subsection (8), the court awards an amount against an employer that is in excess of the amount (if any) that would have been awarded in a similar action before a court of the State; and\n\t(c)\tthe Corporation is liable to pay the amount awarded by virtue of insurance provided under this Act,\nthe Corporation is entitled to recover the excess from the person to whom the amount is awarded.\n\t(10)\tIn the course of proceedings under subsection (9), a court may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the court by which the amount was awarded and draw any conclusions of fact from the evidence that it considers proper; or\n\t(b)\tadopt any of the court's findings of fact.\n\t(11)\tIn this section—\ndamages includes any form of compensation payable apart from this Act in respect of a work injury;\nemployer includes—\n\t(a)\tany person who is vicariously liable for the acts of an employer;\n\t(b)\tany person for whose acts an employer is vicariously liable;\nthe law of compulsory third‑party motor vehicle insurance means—\n\t(a)\tPart 4 of the Motor Vehicles Act 1959 (including a policy of insurance under that Part); or\n\t(b)\tthe law of another State or a Territory of the Commonwealth that corresponds to Part 4 of the Motor Vehicles Act 1959 (including a policy of insurance under such a law).\n67—Prohibition of double recovery\n\t(1)\tCompensation under this Act is not payable in respect of an injury to the extent that compensation has been received in respect of the same injury under the laws of a place other than this State (whether within or outside Australia).\n\t(2)\tIf a person receives compensation under this Act in respect of an injury and, in respect of the same injury, subsequently receives compensation under the laws of a place other than this State (whether within or outside Australia), the person from whom compensation under this Act is received may, in a court of competent jurisdiction, sue and recover (as a debt) from the person the amount described in subsection (3).\n\t(3)\tThe amount that is recoverable under subsection (2) is—\n\t(a)\tthe amount of compensation paid under this Act; or\n\t(b)\tthe amount of compensation received under the laws of the place other than this State,\n\t(4)\tThe fact that compensation or damages in respect of an injury have been recovered under a foreign law is a bar to the recovery of compensation in respect of the same injury under this Act.\n68—Injuries arising from employment on ships\nIf a work injury arises from employment on a ship the amount of the compensation is not subject to any limitation imposed by the Merchant Shipping Act 1894 of the United Kingdom.\n69—Sporting injuries\n\t(1)\tDespite any other provision of this Act, but subject to subsection (2), if—\n\t(a)\ta worker is employed by an employer solely—\n\t(i)\tto participate as a contestant in a sporting or athletic activity (and to engage in training or preparation with a view to such participation); or\n\t(ii)\tto act as a referee or umpire in relation to a sporting or athletic contest (and to engage in training or preparation with a view to so acting); and\n\t(b)\tremuneration is not payable under the contract of employment except in respect of such employment,\nan injury arising out of or in the course of that employment is not compensable under this Act.\n\t(2)\tThis section does not apply to—\n\t(a)\ta person authorised or permitted by a racing controlling authority within the meaning of the Authorised Betting Operations Act 2000 to ride or drive in a race within the meaning of that Act; or\n\t(b)\ta boxer, wrestler or referee employed or engaged for a fee to take part in a boxing or wrestling match; or\n\t(c)\ta person who derives an entire livelihood, or an annual income in excess of the prescribed amount, from employment of a kind referred to in subsection (1)(a).\nprescribed amount means $65 600 (indexed).\n","sortOrder":16},{"sectionNumber":"Part 5","sectionType":"part","heading":"Common law","content":"Part 5—Common law\n70—Preliminary\n\t(1)\tA reference in this Part to a worker's employer includes a reference to—\n\t(a)\ta person who is vicariously liable for the acts of the employer; and\n\t(b)\ta person for whose acts the employer is vicariously liable.\n\t(2)\tA reference in this Part to a percentage (or degree) of permanent impairment is a reference to a percentage (or degree) of whole person impairment.\n\t(3)\tA reference in this Part to compensation payable under this Act includes a reference to compensation that would be payable under this Act if a claim for that compensation were duly made.\n71—Application of Part in relation to damages and scope and limitation of liability\n\t(1)\tThis Part applies to an award of damages in respect of—\nbeing an injury caused by the negligence or other tort (including breach of statutory duty) of the worker's employer and arising from employment (and a reference to damages in this Part must be construed accordingly).\n\t(2)\tAn employer is not liable to an award of damages in respect of a psychiatric injury under subsection (1) unless the psychiatric injury is primarily caused by the negligence or other tort (including breach of statutory duty) of the worker's employer referred to in that subsection and an employer is not liable to an award of damages in respect of consequential mental harm (and subsection (1) operates subject to this subsection).\n\t(3)\tA worker cannot commence proceedings in a court for damages within the scope of subsection (1) unless or until an assessment of the degree of permanent impairment of the worker has been undertaken under Part 2 Division 5.\n\t(4)\tThis Part does not apply to an award of motor accident damages (subject to any express provision about motor accident damages).\n\t(5)\tThis Part applies to an award of damages in respect of an injury caused by the negligence or other tort of the worker's employer even though the damages are recovered in an action for breach of contract or in any other action based on the same act or omission of the employer that would have founded an action for negligence or on account of another tort.\n\t(6)\tSubsection (5) is enacted for the avoidance of doubt.\n\t(7)\tAn employer is not liable to an award of damages in respect of—\nunless—\n\t(c)\tthe damages fall within the scope of subsection (1), (2) or (5); or\n\t(d)\tthe damages constitute motor vehicle damages.\n\t(8)\tA liability for damages referred to in subsection (1), (2) or (5) does not arise unless a successful claim for compensation in respect of the work injury has been made under Part 4.\n\t(9)\tAn employer is not liable to an award of damages in respect of—\nif—\n\t(c)\tthe employer is a body corporate; and\n\t(d)\tthe worker is a director as well as an employee of the employer.\n\t(10)\tSubsections (7), (8) and (9) do not derogate from any other provision of this Act which restricts or rules out an award of damages.\n\t(11)\tIn subsection (9)—\ndirector, in relation to an employer that is a body corporate, means a person who—\n\t(a)\thas a substantial interest in the body corporate; or\n\t(b)\thas a proprietary interest in any business or undertaking being carried on by the body corporate.\n\t(12)\tFor the purposes of subsection (11), a person has a substantial interest in a body corporate if—\n\t(a)\tthe person is a member of the governing body of the body corporate and is entitled to exercise 20% or more of the voting power at meetings of the governing body; or\n\t(b)\ta member of the governing body of the body corporate who is entitled to exercise 20% or more of the voting power at meetings of the governing body is under an obligation, whether formal or informal, to act in accordance with the direction, instructions or wishes of the person; or\n\t(c)\tin the case of a body corporate that has a share capital—the person can, directly or indirectly, exercise, control the exercise of, or substantially influence the exercise of, 20% or more of the voting power attached to voting shares, or any class of voting shares, issued by the body corporate; or\n\t(d)\tthe person satisfies any other criteria prescribed by the regulations for the purposes of this subsection.\n72—No damages unless relevant whole person impairment thresholds met\n\t(1)\tNo damages may be awarded against an employer except in circumstances that are consistent with the operation of this Part and unless the injury results in—\n\t(a)\tin the case of physical injury—a degree of permanent impairment of the worker that is at least 35%; or\n\t(b)\tin the case of psychiatric injury—a degree of permanent impairment of the worker that is at least 30%; or\n\t(c)\tthe death of the worker.\n\t(2)\tThe degree of permanent impairment resulting from an injury is to be assessed—\n\t(a)\tunder Part 2 Division 5; or\n\t(b)\tif relevant, under Part 8,\nand if there is a difference between an assessment under paragraph (a) and an assessment under paragraph (b), the assessment under paragraph (b) applies and if there is a difference between an earlier decision of the Tribunal under Part 8 and a later decision of a court under the same Part, the decision of the court prevails.\n\t(3)\tIn assessing whether the relevant threshold referred to in subsection (1) has been met—\n\t(a)\timpairment resulting from physical injury is to be assessed separately from impairment resulting from psychiatric injury; and\n\t(b)\tin assessing impairment resulting from physical injury or psychiatric injury, no regard is to be had to impairment that results from consequential mental harm; and\n\t(c)\tin assessing the degree of whole person impairment resulting from physical injury, no regard is to be had to impairment that results from a psychiatric injury or consequential mental harm; and\n\t(d)\tthe relevant threshold referred to in subsection (1) is not met unless—\n\t(i)\tin the case of physical injury—the degree of whole person impairment resulting from the injury is at least 35%; and\n\t(ii)\tin the case of psychiatric injury—the degree of whole person impairment resulting from psychiatric injury is at least 30%.\n73—Seriously injured workers—special provisions\n\t(1)\tThis section applies in relation to a seriously injured worker if the seriously injured worker has a right of action against an employer in the circumstances to which this Part applies.\n\t(2)\tA worker to whom this section applies—\n\t(a)\tis not entitled in an action against an employer to damages in respect of any treatment, care or support services; and\n\t(b)\tis not entitled to both—\n\t(i)\ta redemption of a liability to make weekly payments under Part 4 Division 5 or a lump sum under section 56 (pursuant to an election under section 56A); and\n\t(ii)\tdamages for future economic loss due to the deprivation or impairment of earning capacity in an action against an employer; and\n\t(c)\tin any event, is not entitled in an action against an employer to any damages other than damages that are for economic loss.\n\t(3)\tFor the purposes of subsection (2)(a), treatment, care or support services are—\n\t(a)\trecovery/return to work services provided under Part 3; and\n\t(b)\tservices for which compensation is payable under Part 4 Division 2.\n\t(4)\tFor the purposes of subsection (2)(b), a worker to whom this section applies must, in accordance with the regulations, elect to claim damages of the kind referred to in subsection (2)(b)(ii) or to proceed under Part 4 Division 5 or section 56A.\n\t(5)\tA worker to whom this section applies cannot commence an action for damages referred to in subsection (2)(b) or proceed under Part 4 Division 5 or section 56A unless or until an election has been made under subsection (4).\n\t(6)\tIn addition to any requirement prescribed by the regulations, a worker cannot make an election under subsection (4) unless the worker has received advice about the consequences of the election from a legal practitioner who holds a current practising certificate.\n\t(7)\tA worker is entitled to an amount, prescribed by or under the regulations, to compensate a worker for the cost of obtaining advice for the purposes of subsection (6).\n74—General regulation of court awards\nA court may not award damages to a person contrary to this Part or in a manner or to an extent that is inconsistent with this Part.\nDivision 2—General principles\n75—Effect of recovery of damages on compensation\n\t(1)\tIf a person (being a worker or other person) recovers damages in respect of an injury from the employer and the relevant compensating authority is liable to pay compensation under this Act in respect of the same injury then (except to the extent that subsection (3) or (5) covers the case)—\n\t(a)\tthe person ceases to be entitled to any further compensation under this Act in respect of the injury concerned (including compensation claimed but not yet paid); and\n\t(b)\tthe amount of any compensation already paid in respect of the injury concerned is to be deducted from the damages; and\n\t(c)\tthe person ceases to be entitled to receive recovery/return to work services under this Act.\n\t(2)\tSubsection (1)—\n\t(a)\tdoes not extend to an entitlement of a seriously injured worker—\n\t(i)\tto receive any services under Part 3; or\n\t(ii)\tto receive compensation (or any provision of services) under Part 4 Division 2; and\n\t(b)\tdoes not operate so as to require a deduction under subsection (1)(b) with respect to compensation already paid to a seriously injured worker for any services under Part 4 Division 2; and\n\t(c)\tdoes not operate with respect to compensation under Part 4 Division 7.\n\t(3)\tIf damages in respect of an injury are recovered pursuant to a cause of action that survives for the benefit of the estate of a deceased worker under the Survival of Causes of Action Act 1940, the amount of any weekly payments of compensation already paid in respect of the injury concerned are to be repaid out of the estate of the deceased worker to the relevant compensating authority.\n\t(4)\tIf a person recovers damages as a dependant of a worker in respect of proceedings in respect of the death of the worker—\n\t(a)\tthe relevant compensating authority is not liable to pay compensation, or further compensation, in respect of the death; and\n\t(b)\tthe amount of any compensation already paid to the dependant under Part 4 Division 8 in respect of the death of the worker is to be deducted from the damages.\n\t(5)\tIf a person (being a worker or other person) recovers motor accident damages in respect of an injury under this Act (whether from the employer or another party)—\n\t(a)\tthe person ceases to be entitled to any further compensation under this Act in respect of the injury concerned (including compensation claimed but not yet paid); and\n\t(b)\tthe amount of any compensation already paid in respect of the injury concerned is to be deducted from the damages (awarded or otherwise paid as a lump sum) and is to be paid to the relevant compensating authority.\n\t(6)\tIf a person (being a worker or other person) recovers any other damages in respect of an injury under this Act from a person other than the employer—\n\t(a)\tthe person ceases to be entitled to any further compensation under this Act in respect of the injury concerned (including compensation claimed but not yet paid); and\n\t(b)\tthe amount of any compensation already paid in respect of the injury concerned is to be deducted from the damages (awarded or otherwise paid as a lump sum) and is to be paid to the relevant compensating authority.\n\t(7)\tSubsection (6)(a) does not extend to an entitlement of a seriously injured worker—\n\t(a)\tto receive any services under Part 3; or\n\t(b)\tto receive compensation (or any provision of services) under Part 4 Division 2.\n\t(8)\tNothing in this section limits or restricts a right of recovery under section 66.\n\t(9)\tIn this section—\nrelevant compensating authority means the Corporation or a self‑insured employer, depending on which entity has paid compensation under this Act, or is liable to pay compensation under this Act, in the particular case.\n76—Retirement age\nIn awarding damages for future economic loss due to deprivation or impairment of earning capacity or loss of expectation of financial support in a case where this Part applies, the court is to disregard any earning capacity of the worker after pension age (as defined in the Social Security Act 1991 of the Commonwealth for persons other than veterans).\n77—Mitigation of damages\n\t(1)\tIn assessing damages in a case where this Part applies, the court must consider the steps that have been taken, and that could reasonably have been or be taken by the injured worker, to mitigate those damages.\n\t(2)\tIn particular, the court must consider the following matters:\n\t(a)\twhether the injured worker has undergone appropriate medical treatment;\n\t(b)\twhether the injured worker has duly complied with any other relevant obligation under Part 3 or Part 4.\n\t(3)\tIn any proceedings for damages, the person claiming damages has the onus of proving that all reasonable steps to mitigate damages have been taken by the injured worker.\n\t(4)\tHowever, the person claiming damages does not have the onus of establishing that the steps referred to in paragraph (b) of subsection (2) have been taken, and the court assessing damages does not have to take the matters referred to in that paragraph into account, unless it is established that before those steps could reasonably be expected to have been taken the worker was made aware by the employer or the Corporation that the worker was required to take those steps.\n\t(5)\tIn any proceedings for damages, a written report by a person who provided medical or recovery/return to work services to the injured worker is admissible as evidence of any such steps taken by that worker.\n78—Payment of interest—limited statutory entitlement\n\t(1)\tA plaintiff has only such right to interest on damages in a case where this Part applies as is conferred by this section.\n\t(2)\tInterest is not payable (and a court cannot order the payment of interest) on damages unless—\n\t(a)\tinformation that would enable a proper assessment of the plaintiff's claim has been given to the defendant and the defendant has had a reasonable opportunity to make an offer of settlement (where it would be appropriate to do so) in respect of the plaintiff's full entitlement to all damages of any kind relevant to the operation of this Part but has not made such an offer; or\n\t(b)\tthe defendant has had a reasonable opportunity to make a revised offer of settlement (where it would be appropriate to do so) in the light of further information given by the plaintiff that would enable a proper assessment of the plaintiff's full entitlement to all damages of any kind relevant to the operation of this Part but has not made such an offer; or\n\t(c)\tthe defendant has made an offer of settlement, the amount of all damages of any kind awarded by the court (without the addition of any interest) is more than 20% higher than the highest amount offered by the defendant and the highest amount is unreasonable having regard to the information available to the defendant when the offer was made.\n\t(3)\tThe highest amount offered by the defendant is not unreasonable if, when the offer was made, the defendant was not able to make a reasonable assessment of the plaintiff's full entitlement to all damages of any kind relevant to the operation of this Part.\n\t(4)\tFor the purposes of subsection (2), an offer of settlement must be in writing.\n\t(5)\tIf a court is satisfied that interest is payable under subsection (2) on damages—\n\t(a)\tthe amount of interest is to be calculated for the period from the date of the injury to or death of the worker until the date on which the court determines the damages; and\n\t(b)\tthe amount of interest is to be calculated in accordance with the principles ordinarily applied by the court for that purpose, subject to this section.\n\t(6)\tNothing in this section affects the payment of interest on a debt under a judgment or order of a court.\n79—Contributory negligence\nThe common law and enacted law as to contributory negligence apply in relation to awards of damages under this Part.\n80—Defence of voluntary assumption of risk\nThe defence of voluntary assumption of risk (volenti non fit injuria) is not available in an action for the award of damages in a case where this Part applies but, where that defence would otherwise have been available, the amount of any damages is to be reduced to such extent as is just and equitable on the presumption that the injured or deceased person was negligent in failing to take sufficient care for his or her own safety.\n81—Exemplary or punitive damages\nA court may not award exemplary or punitive damages to a person in an award of damages to which this Part applies.\n82—Court to apportion damages etc\n\t(1)\tIf a judgment is obtained for payment of damages to which this Part applies as well as for other damages, the court is required, as part of the judgment, to declare what portion of the sum awarded by the judgment is damages to which this Part applies.\n\t(2)\tIn any such case the court is required to apportion any costs awarded.\n83—Abolition of doctrine of common employment\n\t(1)\tIt is not a defence to an employer who is sued in respect of any personal injury caused by the negligence of a person employed by the employer that the person so employed was, at the time the personal injury was caused, in common employment with the person injured.\n\t(2)\tThis section applies to every case in which the relationship of employer and employee exists, whether the contract of employment is made before or after the commencement of this section.\nemployer includes the Crown but does not include any person who, by any provision of this Act, is deemed to be an employer;\npersonal injury includes—\n\t(a)\tdeath; and\n\t(b)\tany disease; and\n\t(c)\tany impairment of the physical or mental condition of a person.\n84—No damages for nervous shock injury to non‑workers\nNo damages for pure mental harm may be awarded against an employer in respect of the death of or injury to a worker in a case where this Part applies if the pure mental harm arises wholly or partly from mental or nervous shock in connection with that death or injury unless the pure mental harm is in itself a work injury under this Act.\nDivision 3—Procedural matters and costs\n85—Compulsory mediation\n\t(1)\tSubject to this section, a court before which an action for damages to which this Part applies is brought must not proceed to a trial in the matter unless or until a pre‑trial mediation has been conducted under this section.\n\t(2)\tThe court is to appoint the person who will conduct the mediation (who may, but need not be, a member of the court).\n\t(3)\tEach party to the proceedings is to attend the mediation unless excused from attendance by the mediator.\n\t(4)\tThe mediator is to use his or her best endeavours to bring the parties to agreement on the relevant claim.\n\t(5)\tFailing agreement, the mediator may issue a certificate certifying any final offers of settlement made by the parties in the mediation.\n\t(6)\tThe amount of any offer of settlement made by a party in the course of mediation of a claim is not to be specified in any pleading, affidavit or other document filed in or in connection with court proceedings on the claim, and is not to be disclosed to or taken into account by the court, before the court's determination of the amount of damages in the proceedings.\n\t(7)\tHowever, an offer of settlement will be relevant to the question of costs in any proceedings that do not settle before judgment.\n\t(8)\tIn addition to subsection (6), evidence of anything said or done in the course of mediation is inadmissible in proceedings before the court except by consent of all parties to the proceedings.\n\t(9)\tA matter or thing done or omitted to be done by a mediator in the exercise of the mediator's functions does not, if the matter or thing was done or omitted in good faith, subject the mediator personally to any action, liability, claim or demand.\n\t(10)\tThe regulations may make provision for or with respect to the fees to be paid in connection with mediation under this section.\n\t(11)\tIn particular, the regulations may specify any such fee or the method by which the fee is to be calculated, and may specify by whom and in what circumstances the fee is payable.\n\t(12)\tThe rules of the court before which the relevant proceedings have been brought may make other provision in relation to mediations under this section.\n86—Costs\n\t(1)\tWhen, in relation to an action for damages brought under this Part—\n\t(a)\tthe proceedings are settled; or\n\t(b)\ta judgment is given; or\n\t(c)\tthe proceedings are otherwise brought to an end,\na legal practitioner acting on behalf of any party must, in accordance with the regulations, declare the legal costs that the legal practitioner has charged, or intends to charge, the party.\n\t(2)\tThe regulations under subsection (1) may include a requirement that the declaration be furnished to any person specified by the regulations.\n\t(3)\tThis section does not extend to proceedings before the Supreme Court on an appeal.\nlegal costs includes disbursements.\nDivision 4—Choice of law\n87—The applicable substantive law for work injury claims\n\t(1)\tIf there is an entitlement to compensation under the statutory workers compensation scheme of a State in respect of an injury to a worker (whether or not compensation has been paid), the substantive law of that State is the substantive law that governs—\n\t(a)\twhether or not a claim for damages in respect of the injury can be made; and\n\t(b)\tif it can be made, the determination of the claim.\n\t(2)\tThis Division does not apply if compensation is payable in respect of the injury under the statutory workers compensation scheme of more than 1 State.\n\t(3)\tFor the purposes of this section, compensation is considered to be payable under a statutory workers compensation scheme of a State in respect of an injury if compensation in respect of it—\n\t(a)\twould have been payable but for a provision of the scheme that excludes the worker's right to compensation because the injury is attributable to any conduct or failure of the worker that is specified in that provision; or\n\t(b)\twould have been payable if a claim for that compensation had been duly made, and (where applicable) an election to claim that compensation (instead of damages) had been duly made.\n\t(4)\tA reference in this section to compensation payable in respect of an injury does not include a reference to compensation payable on the basis of the provisional acceptance of liability.\n\t(5)\tIn this Division—\nState includes a Territory.\n88—Claims to which Division applies\n\t(1)\tThis Division applies to a claim for damages or recovery of contribution brought against a worker's employer in respect of an injury that was caused by—\n\t(a)\tthe negligence or other tort (including breach of statutory duty) of the worker's employer; or\n\t(b)\ta breach of contract by the worker's employer.\n\t(2)\tThis Division also applies to a claim for damages or recovery of contribution brought against a person other than a worker's employer in respect of an injury if—\n\t(a)\tthe worker's employment is connected with this State; and\n\t(b)\tthe negligence or other tort or the breach of contract on which the claim is founded occurred in this State.\n\t(3)\tSubsections (1)(a) and (2) apply even if damages resulting from the negligence or other tort are claimed in an action for breach of contract or other action.\n\t(4)\tA reference in this Division to a worker's employer includes a reference to—\n\t(a)\ta person who is vicariously liable for the acts of the employer; and\n\t(b)\ta person for whose acts the employer is vicariously liable.\n89—What constitutes injury and employment\nFor the purposes of this Division—\n\t(a)\tinjury, employer and worker include anything that is within the scope of a corresponding term in the statutory workers compensation scheme of another State; and\n\t(b)\tthe determination of what constitutes employment or whether or not a person is a worker or a worker's employer is to be made on the basis that those concepts include anything that is within the scope of a corresponding concept in the statutory workers compensation scheme of another State.\n90—Claim in respect of death included\nFor the purposes of this Division, a claim for damages in respect of death resulting from an injury is to be considered as a claim for damages in respect of the injury.\n91—Meaning of substantive law\na State's legislation about damages for a work related injury means—\n\t(a)\tfor this State—this Part and any other provision of this Act providing for the interpretation of anything in this Part; and\n\t(b)\tfor another State—any provisions of a law of that State that is declared by the regulations to be the State's legislation about damages for a work related injury;\nsubstantive law includes—\n\t(a)\ta law that establishes, modifies, or extinguishes a cause of action or a defence to a cause of action;\n\t(b)\ta law prescribing the time within which an action must be brought (including a law providing for the extension or abridgment of that time);\n\t(c)\ta law that provides for the limitation or exclusion of liability or the barring of a right of action if a proceeding on, or arbitration of, a claim is not commenced within a particular time limit;\n\t(d)\ta law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered;\n\t(e)\ta law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered;\n\t(f)\ta law expressed as a presumption, or rule of evidence, that affects substantive rights;\n\t(g)\ta provision of a State's legislation about damages for a work related injury, whether or not it would be otherwise regarded as procedural in nature,\nbut does not include a law prescribing rules for choice of law.\n92—Availability of action in another State not relevant\n\t(1)\tIt makes no difference for the purposes of this Division that, under the substantive law of another State—\n\t(a)\tthe nature of the circumstances is such that they would not have given rise to a cause of action had they occurred in that State; or\n\t(b)\tthe circumstances on which the claim is based do not give rise to a cause of action.\n\t(2)\tIn subsection (1)—\nanother State means a State other than the State with which the worker's employment is connected.\nDivision 5—Related matters\n93—Ability of Corporation to conduct and settle proceedings\n\t(1)\tIf a proceeding is brought for damages in a case where this Part applies, the proceeding must be against the employer and not against the Corporation.\n\t(2)\tHowever, other than in the case of a self‑insured employer, the Corporation is entitled—\n\t(a)\tto conduct for the employer all proceedings to which the employer is a party (and to take any action in connection with the proceedings as if the Corporation were a party to the proceedings); and\n\t(b)\tto settle any matter that is the subject of proceedings under this Part (including by making offers and counter‑offers of settlement on behalf of the employer).\n\t(3)\tIn connection with subsections (1) and (2) (other than in the case of a self-insured employer)—\n\t(a)\ta copy of any statement of claim and other documentation lodged with a court for the purposes of bringing an action for damages under this Part must be served on the Corporation as well as the employer; and\n\t(b)\tthe employer against whom proceedings are brought under this Part must cooperate fully with the Corporation and give the Corporation all information and access to documents in relation to such proceedings or the relevant cause of action that the Corporation reasonably requires; and\n\t(c)\tthe employer immediately on being required to do so by the Corporation must execute all documents and do everything that the Corporation considers reasonably necessary to allow any proceedings to be conducted by the Corporation; and\n\t(d)\tthe Corporation will be subrogated to the rights of the employer to such extent as the Corporation may determine.\n\t(4)\tIf an employer, other than a self‑insured employer—\n\t(a)\tis absent from the State or, after reasonable inquiry, cannot be found; or\n\t(b)\trefuses, fails or is unable to execute any documents required for the purposes of subsection (2) or mentioned under subsection (3),\nthe Corporation may execute any document that the Corporation requires in connection with the operation of this section.\n\t(5)\tThe Corporation may recover from an employer as a debt any additional costs reasonably incurred by the Corporation in connection with any proceedings under this Part as a direct result of the employer's non-compliance with this section.\n94—Interaction with Civil Liability Act 1936\nIn the event of an inconsistency between this Act and the Civil Liability Act 1936, this Act will prevail to the extent of the inconsistency (but this Act will not otherwise limit the operation of any provision of that Act in respect of a cause of action for damages under this Part (as compared to workers compensation under the other parts of this Act)).\n","sortOrder":17},{"sectionNumber":"Part 6","sectionType":"part","heading":"Dispute resolution","content":"Part 6—Dispute resolution\n95—Specific object\nThe vesting of jurisdiction in the Tribunal under this Part is intended to achieve an outcome in any proceedings that is based on quick and efficient decision-making that resolves disputes expeditiously and fairly.\n96—Interpretation\nIn this Part—\napplicant means the person who makes an application to the Tribunal under this Part;\nparty to proceedings means—\n\t(a)\tthe applicant; and\n\t(b)\tthe relevant compensating authority; and\n\t(c)\tif the matter is about a work injury and the worker who suffered or is alleged to have suffered the work injury is not the applicant—the worker; and\n\t(d)\tif the matter is about a work injury and the employer from whose employment the injury arose or is alleged to have arisen is not the applicant—the employer; and\n\t(e)\ta person who has a direct interest in the matter and has notified the Registrar of the interest;\nrelevant compensating authority in relation to a particular decision means—\n\t(a)\tif the decision was made by the Corporation or a body corporate exercising powers delegated by the Corporation—the Corporation or the relevant delegate; or\n\t(b)\tif the decision was made by a self‑insured employer—the self‑insured employer;\nrules means the rules of the Tribunal.\n97—Reviewable decisions\nThe following decisions are reviewable:\n\t(a)\ta decision made as a result of an application under section 21(3);\n\t(b)\ta decision about the nature or scope of recovery/return to work services provided, or to be provided, for a worker;\n\t(ba)\ta decision to bring an interim decision under section 21(3) to an end under section 21(4)(b)(ii);\n\t(c)\twithout limiting paragraph (b)—a decision relating to a recovery/return to work plan, or a provision of a recovery/return to work plan (including on a review of a recovery/return to work plan), on the ground that the decision or the provision is unreasonable;\n\t(d)\ta decision as to a permanent impairment matter under Part 2 Division 5;\n\t(e)\ta decision on a claim under section 31 (and, if a claim is accepted, will include the calculation of average weekly earnings under section 5 and the amount of any payment under Part 4);\n\t(f)\ta decision to redetermine a claim under section 31;\n\t(g)\twithout limiting a preceding paragraph—a decision on a claim for compensation for costs under section 33(2);\n\t(h)\ta decision not to approve the provision of services or the incurring of costs on an application under section 33(17);\n\t(i)\ta decision not to approve surgery under section 33(21)(b)(ii) or the provision of services under section 33(21)(b)(iii);\n\t(j)\ta decision to review, vary, discontinue or suspend weekly payments under Part 4 Division 4 Subdivision 2, Subdivision 3 or Subdivision 4;\n\t(k)\ta decision to suspend weekly payments under section 51(4);\n\t(l)\twithout limiting a preceding paragraph, a decision as to the amount payable under Part 4 Division 6 or Division 7 or any decision under Part 4 Division 8 (including on a review under section 60);\n\t(m)\ta decision on a claim made by the Tribunal made in the exercise of its jurisdiction under Part 7;\n\t(n)\ta decision declared to be reviewable by regulations made for the purposes of this section.\nDivision 2—Conferral of jurisdiction\n98—Conferral of jurisdiction\n\t(1)\tThe Tribunal has jurisdiction to deal with a reviewable decision.\n\t(2)\tDespite section 27 of the South Australian Employment Tribunal Act 2014, the Tribunal will conduct a review of a reviewable decision as a hearing de novo.\nDivision 3—Institution of proceedings\n99—Application to Tribunal\n\t(1)\tA person with a direct interest in a reviewable decision may commence proceedings for a review of the reviewable decision by the Tribunal.\n\t(2)\tA person has a direct interest in a reviewable decision if the person—\n\t(a)\tis directly affected by the decision; or\n\t(b)\tis the employer from whose employment the work injury arose or is alleged to have arisen.\n100—Time for making application\n\t(1)\tAn application may be made to the Tribunal within 1 month after the applicant receives notice of the reviewable decision unless the Tribunal allows an extension of time.\n\t(2)\tThe Tribunal must only allow an extension of time under subsection (1) if satisfied—\n\t(a)\tthat good reason exists; and\n\t(b)\tthat another party will not be unreasonably disadvantaged because of the delay in commencing the proceedings.\n101—Notice to be given by Registrar\n\t(1)\tOn receiving an application under this Part, the Registrar must immediately send copies of the application to the other parties to the proceedings.\n\t(2)\tThe copy of the application sent to the relevant compensating authority must be accompanied by copies of any documentary materials lodged with the application.\nDivision 4—Initial reconsideration\n102—Initial reconsideration\n\t(1)\tThe relevant compensating authority must, on receiving a copy of an application under this Part—\n\t(a)\tassign a suitable person to reconsider the decision to which the application relates; and\n\t(b)\thave the decision reconsidered in the light of the matters set out in the application.\n\t(2)\tA person assigned to reconsider the decision—\n\t(a)\tmay be (but need not be) an officer of the relevant compensating authority but must not be the person who made the decision; and\n\t(b)\tmust be a person who has been nominated to the Registrar in accordance with the regulations as a person who may be assigned to reconsider decisions under this Division.\n\t(3)\tOn completion of the reconsideration, the relevant compensating authority must confirm or vary the decision to conform with the result of the reconsideration and give the Registrar a written notice stating—\n\t(a)\tthe result of the reconsideration; and\n\t(b)\twhether the compensating authority has confirmed or varied the decision as a result of the reconsideration and, if the decision has been varied, how the decision has been varied.\n\t(4)\tIf the disputed decision is varied, the written notice must also be given to the other parties to the proceedings.\n\t(5)\tThe relevant compensating authority must complete the reconsideration and give the notice or notices stating the result of the reconsideration as soon as is reasonably practicable but in any event within 10 business days after receiving the copy of the application or a longer time allowed by the Registrar on the authority's application.\n\t(6)\tThe variation of a decision under this section is not to be regarded as a redetermination of a claim under the other provisions of this Act.\n\t(7)\tA decision on a claim by the Tribunal itself, made in the exercise of the Tribunal's special jurisdiction to expedite decisions on claims, is not liable to reconsideration under this section and if such a decision is the subject of an application under this Part, the matter will immediately proceed to be reviewed under Part 3 of the South Australian Employment Tribunal Act 2014.\n103—Proceedings on application\n\t(1)\tIf in a case where section 102 applies—\n\t(a)\tthe relevant compensating authority, on reconsideration of a decision under this Division, confirms the decision; or\n\t(b)\tthe relevant compensating authority, on reconsideration of a decision under this Division, varies the decision and a party to the dispute expresses dissatisfaction with the result of the reconsideration in accordance with the rules,\nthe matter will be dealt with under Part 3 of the South Australian Employment Tribunal Act 2014.\n\t(2)\tThe reconsideration of a matter under this Division should not unduly delay proceedings before the Tribunal and the Tribunal must, so far as is reasonably practicable, undertake its processes pending the outcome of the reconsideration (including by listing the matter, setting up or conducting any conference, or taking other such steps).\nDivision 5—Related matters—Tribunal proceedings\n104—Conciliation conference\n\t(1)\tBefore the Tribunal proceeds with the hearing of a matter under this Part, a compulsory conciliation conference between the parties must be held in accordance with section 43 of the South Australian Employment Tribunal Act 2014.\n\t(2)\tIn connection with the operation of subsection (1), the Tribunal must not dispense with a conference under section 43(3) of the South Australian Employment Tribunal Act 2014 but the member of the Tribunal presiding at the conference may close the conference at any time if it appears to him or her that the matter should immediately be referred to the Tribunal for hearing and determination.\n\t(3)\tWhen a matter is referred to a conference under section 43 of the South Australian Employment Tribunal Act 2014, each party must, in accordance with the rules of the Tribunal—\n\t(a)\tdisclose to the member of the Tribunal presiding over the conference the existence and nature of all evidentiary material in the party's possession relevant to the matter; and\n\t(b)\tat the request of another party to the proceedings, give the party access to the relevant evidentiary material.\n\t(4)\tHowever, if the member of the Tribunal presiding over the conference agrees, a party need not give another party access to evidentiary material if—\n\t(a)\tthe material is a paper, videotape, compact disc or other electronic recording of photographic material, or a report of surveillance; or\n\t(b)\tthe disclosure of the material could prejudice the investigation of a suspected offence.\n\t(5)\tDespite section 43(14) of the South Australian Employment Tribunal Act 2014—\n\t(a)\tevidence of a settlement reached at a conference under that section is admissible (without the consent of all parties) in subsequent proceedings; and\n\t(b)\tevidence of the offers made in the course of a conference under that section is admissible (without consent of all parties) in subsequent proceedings for the purpose of applying provisions for deciding questions about costs.\n105—Representation\n\t(1)\tIn addition to section 51(1)(a) and (b) of the South Australian Employment Tribunal Act 2014, a party to proceedings before the Tribunal under this Act is entitled, without leave, to be represented by an officer or employee of an industrial association acting in the course of employment with that industrial association.\n\t(2)\tSection 51(1)(c) of the South Australian Employment Tribunal Act 2014 does not apply with respect to proceedings under this Act.\n106—Costs\n\t(1)\tA party (other than the relevant compensating authority) is entitled, subject to this Part and to limits prescribed by regulation, to an award against the relevant compensating authority for the party's reasonable costs of—\n\t(a)\tany initial reconsideration of a decision under Division 4; and\n\t(b)\tany subsequent proceedings for resolution of the matter before the Tribunal.\n\t(2)\tCosts may only be awarded to cover—\n\t(a)\tthe cost of representation by a legal practitioner or an officer or employee of an industrial association; and\n\t(b)\tcosts of a kind authorised by the regulations that were reasonably incurred.\n\t(3)\tIf the Tribunal is of the opinion that a party—\n\t(a)\thas acted unreasonably—\n\t(i)\tin bringing proceedings before the Tribunal; or\n\t(ii)\tin view of an assessment or recommendation of a member of the Tribunal under section 43(13) of the South Australian Employment Tribunal Act 2014; or\n\t(iii)\twithout limiting subparagraph (ii)—in failing to discontinue or settle any proceedings before the conclusion of the hearing of a matter; or\n\t(iv)\tin relation to any other aspect of the conduct of proceedings before the Tribunal; or\n\t(b)\thas acted frivolously or vexatiously in bringing or in relation to the conduct of proceedings before the Tribunal,\nthe Tribunal may—\n\t(c)\tdecline to make an award of costs in favour of the party and may further (if it thinks fit) make an award of costs against the party; or\n\t(d)\treduce the amount of the award of costs to which the party would otherwise have been entitled.\n\t(4)\tSubject to subsection (5), an award of costs to cover professional advice or assistance may, if the Tribunal considers appropriate, be made in favour of the person who provided the professional advice or assistance.\n\t(5)\tAn award of costs to cover the cost of representation by an officer or employee of an industrial association are payable to the industrial association.\n\t(6)\tAn award of legal costs cannot exceed 85% of the amount that would be allowable under the relevant Supreme Court scale if the proceedings were in the Supreme Court.\n\t(7)\tIf the amount of permanent impairment compensation is disputed by a worker and the amount the Tribunal awards is less than, or the same as, or less than 10% above, an amount offered by the relevant compensating authority to settle the matter before the matter proceeds to a hearing before the Tribunal, the worker is not entitled to costs under this section (and evidence of an offer made in the course of a compulsory conference or mediation is admissible (without the consent of all parties) in subsequent proceedings for the purpose of applying this provision).\n\t(8)\tSection 57 of the South Australian Employment Tribunal Act 2014 does not apply to proceedings before the Tribunal under this Act.\n107—Costs liability of representatives\nprofessional representative means a legal practitioner or other person who has been engaged or appointed to represent a party to proceedings before the Tribunal (whether personally or through an employee or agent).\n\t(2)\tIf a professional representative acting for a party to proceedings before the Tribunal under this Part (whether personally or through an employee or agent) has caused costs—\n\t(a)\tto be incurred improperly or without reasonable cause; or\n\t(b)\tto be wasted by undue delay or negligence or by any other misconduct or default,\nthe Tribunal may make an order as specified in subsection (3).\n\t(3)\tThe Tribunal may order—\n\t(a)\tthat all or any of the costs between the professional representative and his or her client be disallowed or that the professional representative repay to his or her client the whole or part of any money paid on account of costs;\n\t(b)\tthat the professional representative pay to his or her client all or any of the costs which his or her client has been ordered to pay to any party;\n\t(c)\tthat the professional representative pay all or any of the costs of any party other than his or her client.\n\t(4)\tWithout limiting subsection (2), a professional representative is in default for the purposes of that subsection if any proceedings cannot conveniently be heard or proceed, or fail or are adjourned without any useful progress being made, because the professional representative failed to—\n\t(a)\tattend in person or by a proper representative; or\n\t(b)\tfile any document which ought to have been filed; or\n\t(c)\tlodge or deliver any document for the use of the Tribunal which ought to have been lodged or delivered; or\n\t(d)\tbe prepared with any proper evidence or account; or\n\t(e)\totherwise proceed.\n\t(5)\tThe Tribunal may not make an order against a professional representative under subsection (3) unless the Tribunal has informed the professional representative of the nature of the order proposed and allowed the professional representative a reasonable opportunity to make representations, and call evidence, in relation to the matter.\n\t(6)\tThe Tribunal may order that notice of any proceedings or order against a professional representative under this section be given to the client in such manner as the Tribunal directs.\n\t(7)\tThe Tribunal's power to make an order under subsection (3) is exercisable by—\n\t(a)\ta presidential member of the Tribunal; or\n\t(b)\tanother member of the Tribunal who is authorised by a presidential member of the Tribunal to make the particular order.\n108—Recovery of costs of representation\n\t(1)\tA representative of a party to proceedings before the Tribunal under this Act must not charge nor seek to recover for work involved in, or associated with, that representation an amount exceeding the amount allowable under a scale fixed by regulation.\nMaximum penalty: $2 000.\n\t(2)\tBefore proposing a regulation under this section to the Executive Council, the Minister must consult with the Crown Solicitor.\n109—Ministerial intervention\nThe Minister may, if satisfied that intervention is justified in the public interest, intervene in proceedings before the Tribunal under this Part.\n110—Power to amend or set aside decisions or orders\nThe Tribunal may amend or set aside a decision or order of the Tribunal—\n\t(a)\tby consent of the parties; or\n\t(b)\tif the interests of justice require that the decision or order be amended or set aside.\n111—Regulations concerning medical evidence\n\t(1)\tThe regulations may make provision for or with respect to—\n\t(a)\tthe disclosure, by the furnishing of copies of reports or otherwise, of the nature of the expert medical evidence to be given in evidence before the Tribunal (including the exclusion of any such evidence for non‑compliance with any requirement for the disclosure of the nature of the evidence); and\n\t(b)\tthe disclosure of medical reports (including X‑rays and the results of other tests) (including the exclusion of any such medical report for non‑compliance with any requirement for the disclosure of the medical report).\n\t(2)\tSubsection (1) does not limit any other power of the Tribunal in relation to determining the procedures of the Tribunal, regulating proceedings before the Tribunal, or making rules under the South Australian Employment Tribunal Act 2014.\n112—Payment to child\n\t(1)\tAlthough a party to proceedings before the Tribunal may be a child under a legal disability, the Tribunal may order the payment of money to that child.\n\t(2)\tIf such an order is made, a receipt given by the child is a valid discharge for the person to whom it is given.\n","sortOrder":18},{"sectionNumber":"Part 7","sectionType":"part","heading":"Special jurisdiction to expedite decisions","content":"Part 7—Special jurisdiction to expedite decisions\n113—Special jurisdiction\nA worker or employer who believes there has been undue delay in deciding a claim or other matter affecting the worker or employer (being a claim or matter that would, once determined or decided, constitute a reviewable decision) may apply to the Tribunal, in the manner and form prescribed by regulation, for expedited determination of the matter.\n114—Timing of application\nAn application for expedited determination of a matter cannot be made until at least 10 business days after the day the matter was placed before the decision‑maker whose decision is required.\n115—Powers of Tribunal on application\n\t(1)\tOn an application for expedited determination of a matter, the Tribunal may—\n\t(aa)\tin the case of an application for an assessment of whole person impairment under Part 2 Division 5—give directions the Tribunal considers necessary to expedite the assessment; or\n\t(a)\tgive directions the Tribunal considers necessary to expedite the determination of the matter; or\n\t(b)\tdecide the matter itself.\n\t(2)\tA person to whom a direction is given by the Tribunal under subsection (1) must comply with the direction.\n\t(3)\tProsecution of non-compliance as an offence does not prejudice enforcement of the direction in other ways.\n\t(4)\tIf the Tribunal decides a claim under this section, the decision is to be treated as a decision of the relevant compensating authority.\n116—Costs\nRegulations may be made about the costs of proceedings under this Part.\n","sortOrder":19},{"sectionNumber":"Part 8","sectionType":"part","heading":"Independent medical advice","content":"Part 8—Independent medical advice\n117—Interpretation\nIn this Part—\nmedical question means a question about any of the following matters:\n\t(a)\ta permanent impairment matter;\n\t(b)\tthe nature and extent of any hearing loss suffered by a worker;\n\t(c)\tany other matter that the Tribunal or a court considers should be subject to assessment or advice under this Part for the purposes of particular proceedings.\nDivision 2—Appointment of independent medical advisers\n118—Appointment of independent medical advisers\n\t(1)\tThe Minister may appoint a medical practitioner as an independent medical adviser for the purposes of this Act.\n\t(2)\tFor the purposes of appointing medical practitioners as independent medical advisers, the Minister must establish a selection committee comprised of persons—\n\t(a)\tnominated by the Advisory Committee (who may, but need not be, members of the Advisory Committee); or\n\t(b)\tnominated by 1 or more professional associations representing medical practitioners determined by the Minister,\n(with the number of persons to be nominated by each entity to be determined by the Minister).\n\t(3)\tA member of the selection committee will be appointed on terms and conditions determined by the Minister.\n\t(4)\tThe proceedings of the selection committee will be—\n\t(a)\tspecified by the Minister; or\n\t(b)\tto the extent that a matter is not specified under paragraph (a)—determined by the selection committee.\n\t(5)\tThe selection committee will recommend medical practitioners for appointment by the Minister as independent medical advisers.\n\t(6)\tIn connection with the operation of subsection (5), the selection committee must invite expressions of interest in accordance with the regulations.\n\t(7)\tSubsection (6) does not apply if the Minister is simply seeking the advice of the selection committee about whether a particular medical practitioner should be re‑appointed as an independent medical adviser at the expiration of a term of office.\n119—Independent medical advisers\nA medical practitioner appointed under section 118 (other than to the selection committee) will be called an independent medical adviser for the purposes of this Act.\n120—Related appointment provisions\n\t(1)\tA person appointed as an independent medical adviser will be appointed on terms and conditions, and for a term (not exceeding 3 years), determined by the Minister and, on the expiration of a term of office, is eligible for re‑appointment.\n\t(2)\tThe office of a person appointed as an independent medical adviser becomes vacant if the person—\n\t(a)\tresigns by written notice addressed to the Minister; or\n\t(b)\tis removed from office by the Governor for—\n\t(i)\tbreach of, or non‑compliance with, a term or condition of appointment; or\n\t(ii)\tmental or physical incapacity to carry out duties of office satisfactorily; or\n\t(iii)\tmisconduct; or\n\t(iv)\tneglect of duty; or\n\t(v)\tincompetence; or\n\t(c)\tcompletes a term of office and is not re‑appointed; or\n\t(d)\tceases to be registered as a medical practitioner under the Health Practitioner Regulation National Law; or\n\t(e)\tis convicted of an indictable offence or of an offence which, if committed in South Australia, would be an indictable offence; or\n\t(f)\tis sentenced to imprisonment for an offence.\n\t(3)\tA person appointed as an independent medical adviser is entitled to fees, allowances and expenses approved by the Governor.\n\t(4)\tThe fees, allowances and expenses are payable out of the Compensation Fund.\n\t(5)\tAn act of an independent medical adviser is not invalid by reason only of any defect in the appointment of a person.\n\t(6)\tNo personal liability attaches to an independent medical adviser acting in good faith and in the exercise or purported exercise of powers or functions under this Part.\nDivision 3—Referrals\n121—Referral by Tribunal or court\n\t(1)\tThe Tribunal or a court may, on its own initiative or an application by a party to proceedings before the Tribunal or court, refer any medical question or questions arising in proceedings before the Tribunal or court to 1 or more independent medical advisers specified by the Tribunal or court for inquiry and report.\n\t(2)\tIn connection with subsection (1)—\n\t(a)\tthe rules of the Tribunal or the court may specify when a medical question must be referred to 1 or more independent medical advisers; and\n\t(b)\tthe selection of an independent medical adviser must be consistent with any principle or process prescribed by the regulations (including any process which determines which independent medical adviser should be used); and\n\t(c)\tdifferent medical questions may be referred to different independent medical advisers as part of the same proceedings; and\n\t(d)\tto the extent that a medical question is referred to more than 1 independent medical adviser, any dispute between the independent medical advisers will be resolved in a manner specified or determined by the Tribunal or the court (as the case may be); and\n\t(e)\tthe question or questions to be referred to an independent medical adviser will be framed by the Tribunal or court after inviting submissions from the parties to the proceedings.\n122—Powers and procedures on a referral\n\t(1)\tAn independent medical adviser to whom a medical question has been referred under this Division may—\n\t(a)\tconsult with any medical practitioner or other health practitioner who is treating or has treated the worker to whom the proceedings relate (the relevant worker); and\n\t(b)\tconsult with such other persons as the independent medical adviser thinks fit (including another independent medical adviser who has considered or is considering the same or another medical question that relates to the relevant worker); and\n\t(c)\tcall for the production of such information (including medical reports, x‑rays and the results of other tests) as the independent medical adviser considers necessary or desirable for the purpose of determining the medical question; and\n\t(d)\trequire the relevant worker to submit himself or herself for examination by the independent medical adviser.\n\t(2)\tInformation (including confidential information) may be disclosed to an independent medical adviser under subsection (1) without the breach of any law or principle of professional ethics.\n\t(3)\tIf a worker refuses to comply with a requirement under subsection (1) or in any way hinders an examination of the worker, the independent medical adviser may refer the matter to the Tribunal or the court (as the case may require).\n\t(4)\tIf the Tribunal or a court, on a referral under subsection (3), considers that a worker has acted unreasonably, the Tribunal or court may, by order—\n\t(a)\tsuspend the worker's rights to recover compensation or damages under this Act with respect to the relevant injury;\n\t(b)\tsuspend the worker's rights to weekly payments,\nuntil—\n\t(c)\tthe worker has complied with any requirements specified by the Tribunal or court; or\n\t(d)\tthe Tribunal or court makes an additional order in relation to the matter.\n\t(5)\tAny weekly payments that would otherwise be payable during a period of suspension under subsection (4)(b) are forfeited by force of this subsection.\n\t(6)\tIf a medical question relates to any matter that is relevant to the assessment of whole person impairment (including as to whether an impairment is permanent), the following principles are to be taken into account:\n\t(a)\tan assessment must not be made—\n\t(i)\tuntil there is evidence that the injury has stabilised; or\n\t(ii)\tunless—\n\t(A)\tthe injury is a condition prescribed for the purposes of this subparagraph by a regulation made on the recommendation of the Minister (see subsection (6a)); and\n\t(B)\tany requirement prescribed by the regulations has been satisfied; or\n\t(iii)\tunless the injury is a terminal condition;\n\t(b)\tif a worker presents for assessment in relation to injuries which occurred on different dates, the impairments are to be assessed chronologically by date of injury;\n\t(c)\timpairments from unrelated injuries or causes are to be disregarded in making an assessment;\n\t(d)\timpairments from the same injury or cause are to be assessed together or combined to determine the degree of impairment of the worker (using any principle set out in the Impairment Assessment Guidelines);\n\t(e)\timpairment resulting from physical injury is to be assessed separately from impairment resulting from psychiatric injury;\n\t(f)\tin assessing impairment resulting from physical injury or psychiatric injury, no regard is to be had to impairment that results from consequential mental harm;\n\t(g)\tin assessing the degree of permanent impairment resulting from physical injury, no regard is to be had to impairment that results from a psychiatric injury or consequential mental harm;\n\t(h)\tany portion of an impairment that is due to a previous injury (whether or not a work injury or whether because of a pre‑existing condition) that caused the worker to suffer an impairment before the relevant injury is to be deducted for the purposes of an assessment, subject to any provision to the contrary made by the Impairment Assessment Guidelines;\n\t(i)\tassessments are to comply with any other requirements specified by the Impairment Assessment Guidelines.\n\t(6a)\tThe Minister must not make a recommendation to prescribe a condition for the purposes of subsection (6)(a)(ii)(A) unless—\n\t(i)\t1 or more professional associations representing medical practitioners, including the Australian Medical Association (South Australia) Incorporated; and\n\t(b)\tthe Minister is satisfied that the condition is—\n\t(i)\tserious and potentially life threatening if suffered by a person; and\n\t(ii)\textremely likely to cause an ongoing deterioration of a person's health, such that the degree of impairment resulting from the condition is unlikely to stabilise for a significant period of time.\n\t(7)\tA number determined under the Impairment Assessment Guidelines with respect to a value of a person's degree of impairment may be rounded up or down according to any principle set out in the Impairment Assessment Guidelines.\n\t(8)\tSubject to the operation of the preceding provisions, an independent medical adviser may determine any medical question in such manner as the independent medical adviser thinks fit (including by adopting such processes and procedures as the independent medical adviser thinks fit).\n\t(9)\tAn assessment by an independent medical adviser as to any of the following matters is to be taken to be conclusive evidence with respect to the relevant matter in proceedings before the Tribunal or court (as the case may be) unless the Tribunal or court, in the exercise of its adjudicative function, determines otherwise:\n\t(a)\ta permanent impairment matter;\n\t(b)\tthe nature and extent of any hearing loss suffered by a worker.\n\t(10)\tThe Tribunal or court (as the case may be) may, as it thinks fit, accept any other matter contained in a report furnished by an independent medical adviser as conclusive evidence for the purposes of proceedings before the Tribunal or court, or give any such matter such other weight as the Tribunal or court thinks fit.\n\t(11)\tWithout limiting any other circumstance where it is appropriate to give reasons, the Tribunal or a court must—\n\t(a)\twhen it makes a determination under subsection (9) in the exercise of its adjudicative function; or\n\t(b)\twhen it decides not to accept any matter as conclusive evidence under subsection (10),\ngive reasons for its determination or decision (as the case requires).\n\t(12)\tInformation given to an independent medical adviser cannot be used in subsequent proceedings unless—\n\t(a)\tthe proceedings are before the Tribunal or a court under this Act; or\n\t(b)\tthe worker consents to the use of the information; or\n\t(c)\tthe proceedings are for an offence against this Act.\nDivision 4—Related matters\n123—Provision of report\n\t(1)\tAn independent medical adviser to whom a medical question is referred under this Part is to prepare a report (or participate in the preparation of a joint report) at the conclusion of his or her consideration of the medical question.\n\t(2)\tThe report is to be in a form specified by the rules of the Tribunal or court (as the case requires) and must—\n\t(a)\tset out details of the medical question; and\n\t(b)\tset out the opinion of the independent medical adviser (or advisers) with respect to the question; and\n\t(c)\tset out the reason or reasons for the opinion; and\n\t(d)\tset out information about the documents and other reports that have been considered by the independent medical adviser (or advisers); and\n\t(e)\tset out any other matters that, in the opinion of the independent medical adviser (or advisers), should be considered or investigated.\n\t(3)\tThe report must be furnished to the Tribunal or the court in accordance with the rules of the Tribunal or court within any period specified by the Tribunal or the court (as the case may be).\n\t(4)\tA report furnished by an independent medical adviser on a referral under this Part is admissible as evidence in proceedings before the Tribunal or a court (and will be received in evidence in accordance with the rules of the Tribunal or court).\n124—Competency to give evidence\nAn independent medical adviser is competent to give evidence as to any matter in a report furnished by the independent medical adviser (and any other relevant matter, as appropriate).\n125—Further referrals\nThe Tribunal or a court may, if it thinks fit, refer any matter (in the nature of a medical question or in connection with a medical question) back to an independent medical adviser who has furnished a report to the Tribunal or court for further report to the Tribunal or court (and then this Division will apply in relation to the reference as if it were a new reference of a medical question).\n126—Staff and facilities\nThe Minister must ensure that independent medical advisers are provided with any staff or facilities required to support the performance of their functions.\n127—Recovery of costs\nThe costs associated with independent medical advisers and any staff or facilities provided under this Part are payable out of the Compensation Fund.\n","sortOrder":20},{"sectionNumber":"Part 9","sectionType":"part","heading":"Registration and funding","content":"Part 9—Registration and funding\nDivision 1—Registration of employers\n128—Registration of employers\n\t(1)\tSubject to subsection (2), an employer must not employ a worker in employment to which this Act applies unless the employer is registered by the Corporation.\nMaximum penalty: $10 000 for each worker so employed.\n\t(2)\tAn employer is not required to be registered if the employer is exempted by the regulations from the obligation to be registered.\n\t(3)\tNo offence is committed by an employer against this section if the employer applies for registration within 14 days after the obligation to be registered arises.\n\t(4)\tIt is a defence to a prosecution for an offence under subsection (1) in respect of the employment of a particular worker if the court is satisfied that, at the time of the alleged offence, the employer believed on reasonable grounds that the worker's employment was not connected with this State by virtue of the operation of section 10.\n\t(5)\tIf the employer's belief on reasonable grounds was that under section 10 the worker's employment was connected with another State, subsection (4) does not apply unless at the time of the alleged offence the employer had workers compensation cover in respect of the worker under the law of that other State.\n\t(6)\tIn this section—\nState includes a Territory;\nworkers compensation cover means insurance or registration required under the law of a State in respect of liability for statutory workers compensation under that law.\n129—Self-insured employers\n\t(1)\tSubject to this section, an employer or a group of employers may apply to the Corporation for registration as a self-insured employer or as a group of self‑insured employers.\n\t(2)\tAn application may not be made under subsection (1) unless—\n\t(a)\tin the case of an application by an individual employer—\n\t(i)\tthe employer is a body corporate; or\n\t(ii)\tthe employer is an indemnified maritime employer;\n\t(b)\tin the case of an application by a group—\n\t(i)\tthe members of the group are related bodies corporate or local government corporations; and\n\t(ii)\tif the members of the group are related bodies corporate—no related body corporate of any member of the group that employs a worker or workers in employment to which this Act applies is not a member of the group.\n\t(3)\tWhere—\n\t(a)\tan application is made under subsection (1); and\n\t(b)\tthe Corporation is satisfied—\n\t(i)\tthat the employer or the employers constituting the group have reached a standard that, in the opinion of the Corporation, must be achieved before conferral of self-insured status can be considered; and\n\t(ii)\tthat in all the circumstances it is appropriate to do so,\nthe Corporation may register the employer or the group as a self-insured employer or a group of self‑insured employers.\n\t(4)\tWithout limiting subsection (3), the Corporation may reject an application under subsection (2)(a) if the employer is a member of a group comprised of related bodies corporate or local government corporations.\n\t(5)\tA registration under this section—\n\t(a)\tis subject to—\n\t(i)\ta condition that the self‑insured employer must adopt and apply the service standards set out in Schedule 5 (but these standards do not, in themselves, give rise to substantive rights or liabilities (compared to rights or liabilities established or prescribed under other relevant provisions of this Act)); and\n\t(ii)\ta condition that the self‑insured employer must not exercise any power or discretion delegated to the self‑insured employer under this Act unreasonably; and\n\t(iii)\tsuch other terms and conditions as the Corporation determines from time to time or as are prescribed by the regulations; and\n\t(b)\tif the self‑insured status was conferred on the ground that the employer is an indemnified maritime employer—is subject to a condition limiting the effect of the conferral to the workers, or a specified class of the workers, to whom the relevant indemnity relates; and\n\t(c)\tif self‑insured status was conferred on a group of related bodies corporate—is subject to the condition that there is at no time a related body corporate to any member of the group that employs a worker or workers in employment to which this Act applies that is not a member of the group; and\n\t(d)\tis subject to a condition that the self‑insured employer will comply with any code of conduct for self‑insured employers determined by the Corporation from time to time and published in the Gazette; and\n\t(e)\ttakes effect on a date fixed by the Corporation; and\n\t(f)\tsubject to this section—\n\t(i)\thas effect for an initial period (not exceeding 3 years) determined by the Corporation; and\n\t(ii)\tmay, on further application to the Corporation, be renewed from time to time for a further period (not exceeding 5 years) determined by the Corporation at the time of the renewal.\n\t(6)\tThe Corporation may, at any time, on the application of 2 or more self‑insured employers, amend the registration of each self‑insured employer so as to form a group on the ground that they are now related bodies corporate.\n\t(7)\tThe Corporation may, at any time, on application by a self‑insured employer or a group of self‑insured employers, amend the registration of the group in order to—\n\t(a)\tadd another body corporate to the group (on the ground that the body corporate is now a related body corporate); or\n\t(b)\tremove a body corporate from the group (on the ground that the body corporate is no longer a related body corporate); or\n\t(c)\tamalgamate the registration of 2 or more groups (on the ground that all the bodies corporate are now related bodies corporate); or\n\t(d)\tdivide the registration of a group into 2 or more new groups (on the ground that the bodies corporate have separated into 2 or more groups of related bodies corporate).\n\t(8)\tFor the purposes of subsection (2)(b) and (7), a foreign company that is a holding company cannot be a member of a group (and, to the extent that is relevant, will be disregarded when determining the bodies corporate that will be related bodies corporate for the purposes of the grouping provisions of this section (including, if the Corporation thinks fit, so as to exclude also any subsidiary of such a holding company)).\n\t(9)\tThe Corporation may revoke the registration of a self‑insured employer or group of self‑insured employers, or reduce the period of registration, if the employer, or a member of the group, (as the case requires) breaches or fails to comply with this Act or a term or condition of registration.\n\t(10)\tThe Corporation may revoke the registration of a self‑insured employer under an agreement between the Corporation and the employer (which may include terms or conditions that the employer must comply with before the revocation can take effect).\n\t(11)\tIn deciding whether to grant, renew, revoke, or reduce the period of registration as a self-insured employer or group of employers under this section, the Corporation may have regard to such matters as it considers relevant and will have regard to the following:\n\t(a)\tthe number of employees employed by the employer or group;\n\t(b)\twhether the employer or group is, and is likely to continue to be, able to meet its liabilities;\n\t(c)\tthe resources that the employer or group has for the purpose of administering claims under this Act;\n\t(d)\tthe incidence and severity of work injuries arising from employment by the employer or employers;\n\t(e)\tthe effect, or likely effect, of the working conditions under which workers are employed by the employer, or any of the employers, on the health and safety of those workers;\n\t(f)\tthe record of the employer or employers in relation to the rehabilitation of injured workers and achieving their recovery and return to work;\n\t(g)\tthe record of the employer or employers in providing suitable employment to workers who suffer work injuries;\n\t(h)\tthe views of any industrial association that has, in the opinion of the Corporation, a proper interest in the matter,\nbut once an employer or group has been registered as self-insured, the Corporation must not, in deciding whether to renew the registration, consider the effect of the registration on the Compensation Fund.\n\t(12)\tIf employers are registered as a group of self‑insured employers, 1 of those employers nominated in the application for registration will, for the purposes of this Act, be treated as the employer of all workers employed by the various members of the group.\n\t(12a)\tThe Corporation must publish, on a website determined by the Minister, the name of the employer nominated in any application for registration referred to in subsection (12) and that employer's phone number and address.\n\t(13)\tThe Corporation may, on application by a group of self‑insured employers, accept the nomination of another member of the group as the relevant employer under subsection (12).\n\t(14)\tDespite subsection (12), the members of the group are jointly and severally liable to satisfy the liabilities under this Act of the member referred to in subsection (12).\n\t(15)\tIn this section—\nforeign company has the same meaning as it has under the Corporations Act 2001 of the Commonwealth;\nholding company has the same meaning as it has under the Corporations Act 2001 of the Commonwealth;\nindemnified maritime employer means an employer that has the benefit of an indemnity granted by a member of the International Group of Protection and Indemnity Associations;\nrelated bodies corporate means—\n\t(a)\tin the case of corporations—bodies corporate that are related bodies corporate under section 50 of the Corporations Act 2001 of the Commonwealth;\n\t(b)\tin the case of any other kind of bodies corporate—bodies corporate that are associated entities under section 50AAA of the Corporations Act 2001 of the Commonwealth.\n130—Crown and certain agencies to be self-insured employers\n\t(1)\tSubject to subsection (2), the Crown and any agency or instrumentality of the Crown will be taken to be registered as self‑insured employers.\n\t(2)\tThe Governor may, by proclamation, declare that an agency or instrumentality of the Crown is not to be regarded as a self‑insured employer, and in that event the agency or instrumentality will not be regarded as a self‑insured employer.\n\t(3)\tThe Governor may, by further proclamation, vary or revoke a proclamation under subsection (2).\nagency or instrumentality of the Crown includes any body, or body of a specified class, prescribed by regulation for the purposes of this definition.\n\t(5)\tA regulation for the purposes of subsection (4) may, if the regulation so provides, take effect from a day antecedent to the day on which it is made.\n131—Applications for registration\n\t(1)\tAn application for registration as an employer, a self‑insured employer or a group of self‑insured employers—\n\t(a)\tmust be made in the designated manner and the designated form; and\n\t(b)\tmust be accompanied by the prescribed information; and\n\t(c)\tin the case of an application for registration of a group of self-insured employers must nominate a member of the group as the employer who is, for the purposes of this Act, to be treated as the employer of all workers employed by the various members of the group.\n\t(2)\tAn application for registration as a self‑insured employer or group of self‑insured employers must be accompanied by a fee fixed in accordance with the regulations.\n132—Changes in details for registration\nAn employer must, in prescribed circumstances and within a period prescribed by the regulations, provide to the Corporation in a designated manner and form information relating to a change in any details or information relevant to—\n\t(a)\tthe registration of the employer; or\n\t(b)\tthe activities or circumstances of the employer.\n133—Ministerial appeal on decisions relating to self-insured employers\n\t(1)\tIf the Corporation—\n\t(a)\trefuses the registration of an employer or group of employers as a self‑insured employer or group of self‑insured employers; or\n\t(b)\tgrants or renews registration as a self-insured employer or group of self‑insured employers for a period of less than 3 years; or\n\t(c)\treduces the period of registration of an employer or group of employers as a self‑insured employer or group of self‑insured employers; or\n\t(d)\tcancels the registration of an employer or group of employers as a self‑insured employer or group of self‑insured employers,\nthe employer or employers may appeal to the Minister against that decision.\n\t(2)\tThe appeal must be commenced within 1 month after the employer or employers receive notice of the Corporation's decision unless the Minister allows an extension of time for the appeal.\n\t(3)\tIf an employer or a group of employers appeals to the Minister against a decision of the Corporation to refuse to renew, or to cancel, the registration of the employer or employers as a self‑insured employer or group of self‑insured employers, the Corporation may extend or renew the registration of the employer or employers for a period of up to 3 months (pending resolution of the appeal).\n\t(4)\tThe Minister may (but is not obliged to) permit an appellant to appear personally or by representative before the Minister on an appeal.\n\t(5)\tThe Minister has an absolute discretion to decide an appeal under this section as the Minister thinks appropriate.\n\t(6)\tIf the Minister decides in favour of the appellant, the Minister must furnish the Corporation with a statement of the reasons for the decision.\nDivision 2—Delegation to self-insured employers\n134—Delegation to self-insured employers\n\t(1)\tSubject to this Act, the following powers and discretions of the Corporation, insofar as they are exercisable in relation to workers of a self‑insured employer, are delegated to the self‑insured employer:\n\t(a)\tthe powers and discretions under the following sections:\nsection 13\nsection 21\nsection 24\nsection 25\nsection 28(4)\nsection 31\nsection 32\nsection 33 (but not section 33(12) or (15))\nsection 39\nsection 40\nsection 45\nsection 46\nsection 47\nsection 48\nsection 50(7)\nsection 51\nsection 53\nsection 54\nsection 55(6)\nsection 56\nsection 56A\nsection 58\nsection 59\nsection 60\nsection 61\nsection 62\nsection 63\nsection 66\nsection 193\nsection 201;\n\t(b)\tany other prescribed powers and discretions.\n\t(2)\tDelegated powers and discretions referred to in subsection (1) will not be exercised by the Corporation in relation to the workers of the self‑insured employer.\n\t(3)\tSubject to this section, the Corporation must not overrule or interfere with a decision of a self‑insured employer made in the exercise of delegated powers or discretions.\n\t(4)\tA decision of a self-insured employer made pursuant to a power or discretion delegated under subsection (1) will have the same force and effect as a decision of the Corporation and will be subject to review and appeal in the same way as a decision of the Corporation.\n\t(5)\tA reference to the Corporation in the provisions of this Act referred to in subsection (1) will, in relation to any matter over which a self-insured employer has delegated powers or discretions, be construed as a reference to that self-insured employer.\n\t(6)\tIf the Corporation would, but for this section, be required under a provision of this Act referred to in subsection (1) to take any action or do any thing in relation to a worker of a self‑insured employer—\n\t(a)\tresponsibility for taking the action or doing the thing rests with the self‑insured employer; and\n\t(b)\tany cost incurred in connection with taking the action or doing the thing is to be borne by the self‑insured employer.\n\t(7)\tIf a self‑insured employer exercises a power or discretion delegated under subsection (1) unreasonably, the Corporation may withdraw (in whole or in part) the delegation effected by subsection (1).\n\t(8)\tIf an employer ceases to be registered as a self‑insured employer under this Act, the delegation to the employer under this section will, if the Corporation so determines, continue to such extent as the Corporation thinks fit in relation to injuries that occurred before that cessation (and any act or omission of the employer within the scope of the delegation will be taken for the purposes of this Act to be the act or omission of a self‑insured employer).\nDivision 3—Compensation Fund\n135—Compensation Fund\n\t(1)\tThe Compensation Fund continues in existence and will continue to be maintained by the Corporation.\n\t(2)\tThe Compensation Fund will consist of—\n\t(a)\tamounts received from the imposition of premiums, supplementary payments or fees under this Part; and\n\t(b)\tany income and accretions produced by the investment of money from the Fund; and\n\t(c)\tany money advanced to the Corporation for the purposes of the Fund; and\n\t(d)\tother money received by the Corporation under this Act or in the administration of this Act; and\n\t(e)\tto the extent provided by regulation—money received by the Corporation under, or in the administration of, another Act.\n\t(3)\tThe Compensation Fund will be applied towards—\n\t(a)\tthe payments of compensation that the Corporation is liable to make under this Act; and\n\t(b)\tthe payments of damages for which the Corporation is liable to make on account of indemnifying employers as their insurer under this Act (whether under Part 5 or otherwise); and\n\t(c)\tany payment that the Corporation is required to make to a self‑insured employer under section 64; and\n\t(d)\tthe costs incurred by the Corporation in performing its functions or discharging any liability under this Act; and\n\t(e)\tany costs incurred by the Minister or the Crown if a decision or process of the Minister under section 133 becomes the subject of judicial proceedings; and\n\t(f)\ta contribution towards the system of dispute resolution under this Act (including the costs associated with independent medical advisers) determined by the Minister from time to time after consultation with the Treasurer and the Corporation; and\n\t(g)\tthe costs incurred by the Ombudsman in carrying out the Ombudsman's functions under this Act; and\n\t(h)\ta contribution towards advocacy services for the benefit of injured workers determined by the Minister from time to time after consultation with the Corporation; and\n\t(i)\tany costs to be paid out of the Fund under another provision of this Act (including any amounts to be paid out of the Return to Work Facilitation Fund under Part 10); and\n\t(j)\tto the extent provided by regulation—the costs incurred by the Corporation in carrying out its functions under another Act; and\n\t(k)\tany payment that the Corporation is required to make under section 27A of the Return to Work Corporation of South Australia Act 1994; and\n\t(l)\tany payment that the Corporation is required to make under the Work Health and Safety Act 2012.\n\t(4)\tThe Corporation may invest money that is not immediately required for the purposes of the Compensation Fund as the Corporation thinks fit.\n\t(5)\tSubject to subsection (6), in deciding how to invest funds that are available for investment, the Corporation must endeavour to achieve the highest possible rates of return.\n\t(6)\tThe Corporation is not required to comply with subsection (5) if the board unanimously decides, in relation to certain funds, to invest those funds at a lesser rate of return but so as to promote the economy of the State.\nDivision 4—Premiums\n136—Interpretation\nclass of industry includes a subclass;\nremuneration includes payments made to or for the benefit of a worker which by the determination of the Corporation constitute remuneration but does not include payments determined by the Corporation not to constitute remuneration.\n137—Average premium rate\n\t(1)\tSubject to subsection (2), the Corporation must, in setting premiums under this Division in relation to a financial year, seek to achieve an average premium rate that does not exceed 2%.\n\t(2)\tIf the Corporation determines that it will be unable to achieve the rate referred to in subsection (1) in relation to a particular financial year, the Corporation must furnish a report to the Minister that—\n\t(a)\tsets out the reasons for not being able to achieve that rate; and\n\t(b)\tprovides information about—\n\t(i)\tthe rate that is to apply in relation to that financial year; and\n\t(ii)\tthe Corporation's preliminary assessment of its ability to achieve the rate referred to in subsection (1) in the next financial year.\n\t(3)\tThe Minister must cause a copy of a report under subsection (2) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\nSubdivision 2—Premiums (terms and conditions)\n138—Premiums (terms and conditions)\n\t(1)\tThe Corporation may, from time to time, after consultation with the Minister, publish in the Gazette a set of terms and conditions that will apply in relation to the calculation, imposition and payment of premiums for the purposes of this Act (and these terms and conditions will be referred to as RTWSA premium provisions).\n\t(2)\tThe Corporation must ensure that RTWSA premium provisions operate on the basis that the costs of all claims made by an employer's workers that are relevant to the RTWSA premium provisions in force at the time (including claims in respect of damages but not including claims in respect of unrepresentative injuries) are taken into account in relation to the calculation of premiums.\n\t(3)\tRTWSA premium provisions may—\n\t(a)\tapply differently according to—\n\t(i)\tcategories of employers; and\n\t(ii)\tdifferent factors of a specified kind; and\n\t(b)\tauthorise any matter to be determined, applied or regulated by a specified person or body.\n\t(4)\tWithout limiting any other provision, RTWSA premium provisions may specify various principles, weights, adjustments, caps, assumptions or exclusions that will apply in relation to the constitution or determination of remuneration or the costs of claims.\n\t(5)\tRTWSA premium provisions will not apply to—\n\t(a)\ta self‑insured employer; or\n\t(b)\tan employer who is exempt from the requirement to be registered under Division 1.\nSubdivision 3—Premiums (general principles)\n139—Liability to pay premiums\n\t(1)\tSubject to this Part, an employer will be liable to pay, in relation to each period specified by the RTWSA premium provisions or a RTWSA premium order that applies in relation to the employer, a premium or premiums in accordance with the requirements of this Act.\n\t(2)\tAn employer—\n\t(a)\twho is a self‑insured employer; or\n\t(b)\twho is exempt from the requirement to be registered under Division 1,\nis not required to pay a premium under this Division.\n\t(3)\tA person who ceases to be an employer may be entitled to a partial refund of any premium that has been paid calculated in accordance with any relevant provision of the RTWSA premium provisions or a RTWSA premium order that applies in relation to the employer.\n\t(4)\tAn employer who is in breach of the requirement to be registered under this Act will, in addition to any other penalty, be liable to a fine fixed by the Corporation not exceeding 3 times the amount of premium that would have been payable under this Act had the employer been registered as required.\n\t(5)\tThe Corporation may for any proper reason remit a fine imposed under subsection (4) wholly or in part.\n\t(6)\tThe imposition of a fine under subsection (4) does not satisfy or affect any liability or requirement to pay any premium under this Act.\n\t(7)\tNothing in this section affects the adjustment of a premium or the imposition of a fine under another provision of this Act.\n140—Employer categories\n\t(1)\tSubject to subsection (2), the Corporation may from time to time, by notice in the Gazette, divide employers into various categories.\n\t(2)\tDespite a notice applying under subsection (1), the Corporation may, if it considers it appropriate to do so and after applying criteria or factors published as part of the RTWSA premium provisions, assign a particular employer to a category that is different to the category that would otherwise apply under subsection (1).\n141—Classes of industry\n\t(1)\tThe Corporation may, for the purposes of the calculation of premiums, divide the industries carried on in the State into various classes.\n\t(2)\tThe Corporation may determine any question as to the class or classes of industry in which an employer employs workers.\n\t(3)\tIn determining the class or classes of industry in which an employer employs workers the following provisions will be applied:\n\t(a)\tif the employer employs a worker in 2 or more classes of industry—\n\t(i)\tthe worker will, subject to any determination by the Corporation to the contrary, be treated as if solely employed in the class of industry in which he or she is predominantly employed; and\n\t(ii)\tif it is not possible to determine which is the predominant class, the worker will be treated as if solely employed in a class of industry determined by the Corporation;\n\t(b)\tif the employer employs workers in different classes of industry all workers employed by the employer will, if the Corporation so determines, be treated as engaged in the predominant class of industry;\n\t(c)\tif the employer employs workers at 2 or more workplaces, all workers employed at a particular workplace will, if the Corporation so determines, be treated as engaged in the predominant class of industry conducted at that workplace;\n\t(d)\tif the employer employs workers in different classes of industry the Corporation may for the purposes of industry classification at a workplace treat the workers as engaged in 2 or more classes of industry;\n\t(e)\tif the employer employs workers at a workplace for the purpose of supporting a predominant class of industry carried on at 1 or more other workplaces at which the employer employs workers, that predominant class of industry will, if the Corporation so determines, apply in relation to the first‑mentioned workplace;\n\t(f)\tin determining a predominant class of industry (if relevant), the Corporation will have regard to—\n\t(i)\tthe importance within the employer's total operations of each class of industry in which workers are employed; and\n\t(ii)\tany other factor determined to be relevant by the Corporation.\n\t(4)\tThe Corporation may, as it thinks fit, review and revise a determination previously made under or for the purposes of this section.\n\t(5)\tA revision may be made under subsection (4) at any time (including in respect of a period that is underway).\n142—Industry rates and base premiums\n\t(1)\tThe Corporation must, in relation to each class of industry, fix a rate (expressed as a percentage and to be called the industry premium rate) that is to be applied for the purposes of determining base premiums under subsection (4).\n\t(2)\tThe rates under subsection (1)—\n\t(a)\tmust be fixed by the Corporation by notice in the Gazette; and\n\t(b)\tmay be varied by the Corporation by subsequent notice in the Gazette.\n\t(3)\tIn fixing the percentage applicable to a particular class of industry the Corporation must apply any criteria or principles specified by the regulations.\n\t(4)\tA base premium under this Act, in its application to a particular industry, is determined as follows:\n\nBP is the base premium\nremuneration is the remuneration payable by an employer to workers employed in the particular industry\nindustry premium rate is the industry premium rate for the relevant class of industry.\nSubdivision 4—Premiums (calculation and application)\n143—Premium orders\n\t(1)\tA premium payable by an employer in relation to a particular period (other than an employer who is not liable to pay a premium under this Division) will be—\n\t(a)\tdetermined in accordance with a RTWSA premium order under this section; or\n\t(b)\tto the extent that a RTWSA premium order does not apply to the employer—the aggregate base premiums applying to that employer in respect of all classes of industry in which the employer employs workers (subject to any adjustments or requirements that apply in the circumstances).\n\t(2)\tFor the purposes of subsection (1)(a), the Corporation may, after consultation with the Minister and applying any principle specified by the Minister for the purposes of this section, fix the manner in which a premium payable by an employer (or a person who proposes to become an employer) will be calculated.\n\t(3)\tThe Corporation must, for the purposes of subsection (2), publish an order (or orders) in the Gazette (and any such order will be referred to as a RTWSA premium order).\n\t(4)\tA RTWSA premium order will take effect from the commencement of a financial year specified by the order (and will then apply, including in relation to a succeeding financial year, until superseded by another RTWSA premium order).\n\t(5)\tThe Corporation must ensure that a RTWSA premium order operates on the basis that the costs of all claims made by an employer's workers in the relevant period (including claims in respect of damages but not including claims in respect of unrepresentative injuries) are taken into account in relation to the determination of the premium payable by the employer.\n\t(6)\tA RTWSA premium order may—\n\t(a)\tapply generally or be limited in its application by reference to specified factors or exceptions; and\n\t(b)\tapply differently according to—\n\t(i)\tcategories of employers; and\n\t(ii)\tdifferent factors of a specified kind; and\n\t(c)\tauthorise any matter to be determined, applied or regulated by a specified person or body,\nor may do any combination of these things.\n\t(7)\tWithout limiting a preceding subsection, a RTWSA premium order may—\n\t(a)\tapply any principle relevant to the claims experience of a particular category or class of employer, or the size of an employer (after applying such principles or assumptions as the Corporation thinks fit); and\n\t(b)\tfix and apply various principles, weights, adjustments, caps, limits (including limits on the reduction of premiums), assumptions or exclusions according to specified factors; and\n\t(c)\twithout limiting any other provision, specify any adjustment or assumption relating to the remuneration paid to workers over a particular period (including a period into the future); and\n\t(d)\tmake provision with respect to liabilities for damages under Part 5; and\n\t(e)\tallow employers who satisfy any specified criteria, on application and at the discretion of the Corporation, to pay a premium determined by the Corporation according to an alternative set of principles—\n\t(i)\tspecified in the order; or\n\t(ii)\tspecified in another RTWSA premium order that applies in the circumstances; or\n\t(iii)\tagreed between the Corporation and the employer; and\n\t(f)\trequire that employers of a specified class must provide a deposit, bond or guarantee, or some other form of security, specified in the order; and\n\t(g)\tmake any other provision or impose any other requirement prescribed by the regulations.\n\t(8)\tSubject to any remission or reduction of premium granted by the Corporation, where—\n\t(a)\tthe amount of premium payable by an employer in respect of a designated period would, apart from this subsection, be less than the designated minimum premium; or\n\t(b)\tan employer is registered but no premium would, apart from this subsection, be payable by the employer for a designated period,\nthe premium payable by the employer for the designated period is the designated minimum premium.\n\t(9)\tFor the purposes of subsection (8), the Corporation may, from time to time, as part of the RTWSA premium provisions, fix—\n\t(a)\tthe designated period; and\n\t(b)\tthe designated minimum premium.\n\t(10)\tThe Corporation may, if it considers that there is an error in a RTWSA premium order, after consultation with the Minister, amend the RTWSA premium order by notice in the Gazette.\n\t(11)\tA notice under subsection (10) may, if the notice so provides, take effect from a date that is earlier than its date of publication (being on or after the date on which the relevant RTWSA premium order took effect).\n144—Premium stages\n\t(1)\tA premium in relation to a particular period (being a period determined by the Corporation) may be constituted by—\n\t(a)\tan initial premium calculated on the basis of estimates and assumptions made at, or in relation to, the beginning of the period after applying any principles specified by the Corporation in the RTWSA premium provisions or in a RTWSA premium order;\n\t(b)\tan adjusted premium at any time during the period based on applying any principles or requirements specified by the Corporation in the RTWSA premium provisions or in a RTWSA premium order;\n\t(c)\ta hindsight premium calculated on the basis of actual amounts and information known or determined by the Corporation at the end of the period after applying any principles or requirements specified by the Corporation in the RTWSA premium provisions or in a RTWSA premium order.\n\t(2)\tSubject to this section, an initial premium will be payable by a date specified by the Corporation for the purposes of this subsection.\n\t(3)\tThe Corporation may adjust a premium at any time during the relevant period and any amount that becomes due on account of that adjustment (the adjusted premium) will, subject to this section, be payable by a date specified by the Corporation for the purposes of this subsection.\n\t(4)\tA hindsight premium will be payable after the end of the relevant period by a date specified by the Corporation for the purposes of this subsection (unless a hindsight premium does not need to be paid).\n\t(5)\tIf the Corporation so allows, an employer may elect to pay an initial premium or an adjusted premium by instalments, at such times and of such amounts as the Corporation may determine.\n\t(6)\tSubject to this Act, if the initial premium, and an adjusted premium (if any), paid by an employer in relation to a particular period exceed the employer's liability to pay premium for that period, the Corporation may at the Corporation's discretion—\n\t(a)\trefund the difference to the employer; or\n\t(b)\tset off the difference against existing or future liabilities of the employer to make payments of premium under this Part.\n\t(7)\tThe Corporation may grant discounts or other incentives in order to encourage the payment of any premium in advance.\n\t(8)\tThe Corporation may, in prescribed circumstances, remit any premium payable by an employer under this section wholly or in part.\n\t(9)\tThis section applies subject to—\n\t(a)\tany alternative arrangements agreed between the Corporation and an employer as part of an alternative set of principles applied under section 143(7); or\n\t(b)\tany alternative requirements specified by the Corporation (by notice to a particular employer or by notice in the Gazette); or\n\t(c)\twithout limiting paragraph (a) or (b), any alternative arrangements agreed between the Corporation and the employer that allow the employer to pay any premium on aggregate remuneration paid during a preceding period and after taking into account any other matter or factor specified by the Corporation for the purposes of this paragraph.\n\t(10)\tA notice under subsection (9)—\n\t(a)\tmay be varied by the Corporation from time to time by further notice; and\n\t(b)\twill have effect according to its terms.\n145—Grouping provisions\n\t(1)\tFor the purposes of this section, 2 or more employers will, if the Corporation so determines, constitute a group if—\n\t(a)\tthey are capable of being treated as a member of a group under the Payroll Tax Act 2009; or\n\t(b)\tthey are related in some other way.\n\t(2)\tWhere 2 or more employers constitute a group—\n\t(a)\tunless the Corporation otherwise determines, each employer in the group will be liable to pay premiums in accordance with a RTWSA premium order under this Division (rather than on the basis of aggregate base premiums); and\n\t(b)\tthe Corporation may apply any claims experience, rating or other principle to all members of the group on a combined basis (rather than on an individual basis) in accordance with the provisions of a RTWSA premium order; and\n\t(c)\tthe Corporation may aggregate the employers in such manner (in any way or for such other purposes) as the Corporation thinks fit under a RTWSA premium order (including by treating 1 employer within the group as if the employer were the employer of all workers employed by the members of the group or by rating them together or according to a common factor).\n\t(3)\tDespite being grouped, each employer will be taken to be subject to the relevant RTWSA premium provisions in its own right (but with premiums being aggregated or divided according to principles specified in a RTWSA premium order).\n\t(4)\tThe employers in a group are jointly and severally liable for the payment of premiums attributable to the group.\n\t(5)\tThis section applies subject to any alternative arrangements agreed between the Corporation and the members of the group of employers as part of an alternative set of principles applied under section 143(7)(e).\n\t(6)\tThe Corporation may, if it is satisfied that 2 or more employers who should have been grouped under this section have not been so grouped on account of false or misleading information, or insufficient or defective information, provided to the Corporation—\n\t(a)\tmake any determination or redetermination, and impose any premium, on a retrospective basis; and\n\t(b)\timpose on each employer a fine (not exceeding an amount calculated under the regulations) fixed by the Corporation.\n\t(7)\tThe Corporation may for any proper reason remit a fine imposed under subsection (6)(b) wholly or in part.\nDivision 5—Self-insured employers—fees\n146—Self-insured employers—fees\n\t(1)\tA self‑insured employer is liable to pay a fee to the Corporation under this section.\n\t(2)\tThe fee payable by a self‑insured employer will be a percentage of the base premium that would have been payable by the employer if the employer were not registered as a self‑insured employer and liable to pay a base premium under this Part and will be fixed by the Corporation with a view to raising from self‑insured employers—\n\t(a)\ta fair contribution towards the administrative expenditure of the Corporation; and\n\t(b)\ta fair contribution towards the cost of recovery and return to work funding; and\n\t(c)\ta fair contribution towards the costs of the system of dispute resolution established by this Act (including the costs associated with independent medical assessors); and\n\t(d)\ta fair contribution towards the costs associated with the operation of Part 8; and\n\t(e)\ta fair contribution towards actual and prospective liabilities of the Corporation arising from the insolvency of employers and the other liabilities of the Corporation as an insurer of last resort.\n\t(3)\tIf the Corporation is satisfied that there are good reasons for differentiating between different self‑insured employers or classes of self‑insured employers, the percentage on which the fee for self‑insured employers is based may vary from self‑insured employer to self‑insured employer or from class to class.\n\t(4)\tIf the measures taken by a self‑insured employer—\n\t(a)\tto reduce the incidence of work related traumas and injuries; and\n\t(b)\tto provide for the recovery or return to work of workers who have suffered compensable injuries; and\n\t(c)\tto provide for the administration of claims,\nconform to or exceed standards determined by the Corporation for the purposes of this subsection, the Corporation may grant to the self‑insured employer such remission of the fee that would otherwise be payable by the self‑insured employer as the Corporation thinks fit.\n\t(5)\tA fee payable under this section must be paid by a date specified by the Corporation.\nDivision 6—Remissions and supplementary payments\n147—Remissions and supplementary payments\n\t(1)\tSubject to this section, the Corporation may, in relation to a particular employer, after having regard to 1 or more of the matters specified under subsection (2) (being a matter that the Corporation determines to be appropriate and relevant)—\n\t(a)\tgrant the employer a remission of part of a premium or fee that would otherwise be payable by the employer; or\n\t(b)\timpose a supplementary payment on the employer (to be paid in addition to the premiums or fees payable by the employer under this Part).\n\t(2)\tThe following matters are specified for the purposes of subsection (1):\n\t(a)\tthe adequacy or inadequacy of measures taken by the employer to reduce the incidence of work related traumas and injuries;\n\t(b)\tthe incidence or costs of claims for work injuries suffered by the employer's workers;\n\t(c)\tthe recovery and return to work facilities or services for injured workers provided by the employer;\n\t(d)\tthe absence or inadequacy of recovery and return to work facilities or services provided by the employer;\n\t(e)\tthe employer's practices and procedures in connection with the appointment and work of a return to work co‑ordinator under Part 3 (including with respect to compliance with any relevant guidelines published by the Corporation for the purposes of section 26);\n\t(f)\tthe fact that the employer has not been paying a worker who suffers a work injury the wage to which the worker is entitled under any law (including a law of the Commonwealth) or under any award or industrial agreement;\n\t(g)\tthe employer's practices as to the retention, employment or re‑employment of injured workers (and, in particular, any failure on the employer's part to provide, in accordance with this Act, employment to a worker who has suffered a work injury in the employer's employment or any breach of this Act that is constituted by the employer terminating a worker's employment with the employer);\n\t(h)\tany other matter (whether similar or dissimilar to those referred to above) that the Corporation determines to be appropriate and relevant.\n\t(3)\tThe following provisions apply in connection with subsections (1) and (2):\n\t(a)\ta reference to an employer extends to another employer who is linked to the employer through a transfer of business;\n\t(b)\tthe matters referred to in paragraphs (a) to (g) (inclusive) of subsection (2) are not intended to establish any pattern or principle that must be applied by the Corporation under paragraph (h) of that subsection;\n\t(c)\tif the Corporation imposes a supplementary payment, the Corporation may require the employer to observe conditions stipulated by the Corporation in a written notice to the employer and if an employer fails to comply with such a condition then the Corporation may impose on that employer a further supplementary payment;\n\t(d)\tthe Corporation may establish return to work programs for injured workers on terms under which an employer who participates in the program by providing employment for such workers and complying with other conditions of the scheme determined is entitled to a remission of premium that would otherwise be payable by the employer on a basis set out in the scheme.\n\t(4)\tThe Corporation may, for any proper reason—\n\t(a)\tadjust or revoke a remission of any premium or fee granted, or a supplementary payment imposed, under this section; or\n\t(b)\tvary or revoke a condition imposed under this section.\n\t(5)\tA remission or supplementary payment will be provided or payable in accordance with a scheme approved by the Minister for the purposes of this section.\nDivision 7—Administration of premiums/fees scheme\n148—Interpretation\nstatutory payment means any of the following under this Part:\n\t(a)\ta premium;\n\t(b)\ta fee;\n\t(c)\ta supplementary payment.\n149—Provision of information (initial calculations)\n\t(1)\tSubject to this Division, an employer must, by a date in each year specified by the Corporation (which may be specified on an individual or class basis), provide to the Corporation a return in the designated manner and form that sets out the information required by the Corporation (by notice to a particular employer or by notice in the Gazette) for the purposes of the calculation or determination of any statutory payment under this Part.\n\t(2)\tThe information required under subsection (1) may include information in the form of estimates made according to principles specified by the Corporation.\n\t(3)\tThe Corporation may (by notice to a particular employer or by notice in the Gazette)—\n\t(a)\tspecify an estimate or estimates that will apply instead of an estimate specified by an employer under subsection (2);\n\t(b)\trequire that any information provided under this section be verified by statutory declaration.\n\t(4)\tAn estimate specified under subsection (3)(a) may apply, according to a determination of the Corporation—\n\t(a)\tdespite the provision of an estimate by the employer; or\n\t(b)\tso as to relieve the employer from the requirement to provide an estimate under subsection (2).\n\t(5)\tIf the Corporation specifies an estimate under subsection (3)(a), the amount of the estimate will be used for the purposes of the calculation of any relevant statutory payment under this Part.\n\t(6)\tThe Corporation may, from time to time as the Corporation thinks fit, vary or revoke a notice under subsection (3), or make a new specification or impose a new requirement under subsection (3).\n150—Provision of information (on‑going requirements)\n\t(1)\tThe Corporation may, from time to time, require an employer to provide to the Corporation in a designated manner and form information (including information in the form of estimates) specified by the Corporation—\n\t(a)\trelating to a period specified by the Corporation; or\n\t(b)\trelating to any matter specified by the Corporation; or\n\t(c)\ton the occurrence of any event specified by the Corporation.\n\t(2)\tThe Corporation may require that any information provided under this section be verified by statutory declaration.\n\t(3)\tThe Corporation may specify an estimate or estimates, or make any determination, that will apply instead of an estimate or any information specified by an employer under subsection (1) (and any such estimate or determination of the Corporation may apply according to its terms).\n\t(4)\tInformation required under this section must be provided to the Corporation within a period determined by the Corporation.\n\t(5)\tA requirement under this section may be imposed—\n\t(a)\tunder any RTWSA premium provisions or by a RTWSA premium order; or\n\t(b)\tby notice to a particular employer or by notice in the Gazette.\n151—Revised estimates or determinations\n\t(1)\tThe Corporation may, in addition to the preceding sections of this Division, in its absolute discretion—\n\t(a)\treview and revise an estimate or determination previously made under or for the purposes of this Division; or\n\t(b)\tcorrect an error or revise an assessment previously made under or for the purposes of this Division.\n\t(2)\tIn acting under subsection (1), the Corporation may have regard to any matter considered to be relevant by the Corporation.\n152—Further adjustments\n\t(1)\tIf the Corporation considers that a statutory payment payable by an employer should be adjusted—\n\t(a)\tbecause of a change in—\n\t(i)\tthe category to which the employer belongs; or\n\t(ii)\tthe class of industry or industries in which the employer employs workers; or\n\t(iii)\tthe workplace or workplaces at which the employer employs workers; or\n\t(b)\tbecause of the specification of an estimate or the making of a determination under section 149(3); or\n\t(c)\tbecause of information provided under section 150; or\n\t(d)\tbecause of the outcome of a review under section 151; or\n\t(e)\tbecause of any other circumstance prescribed by the regulations,\nthe Corporation may issue to the employer a notice of adjustment of the statutory payment.\n\t(2)\tIf an additional amount is payable under a notice of adjustment under subsection (1), the additional amount is payable in accordance with a determination of the Corporation (and may be recovered as an unpaid statutory payment in a case of default).\n\t(3)\tIf an excess amount has been paid by the employer on account of a notice of adjustment under subsection (1), the Corporation may at the Corporation's discretion—\n\t(a)\trefund the excess to the employer; or\n\t(b)\tset off the excess against existing or future liabilities of the employer for statutory payments under this Part.\n\t(4)\tAn adjustment may be made under this section at any time (including in respect of any period that has been completed or expired or is still underway).\n\t(5)\tNothing in this section affects the adjustment of a statutory payment under another provision of this Act.\n153—Deferred payment\n\t(1)\tThe Corporation may, on application by an employer, defer the payment of a statutory payment by the employer if satisfied that—\n\t(a)\tthe employer is in financial difficulties; but\n\t(b)\tthe employer has a reasonable prospect of overcoming the financial difficulties and the deferment would assist materially in overcoming those difficulties.\n\t(2)\tA deferment may be given under this section on conditions that the Corporation considers appropriate having regard to the objects of this Act.\n\t(3)\tThe Corporation may, by written notice to the employer, cancel a deferment under this section.\n\t(4)\tIf a deferment is cancelled, the employer must pay to the Corporation the amount covered by the deferment as required by the notice of cancellation.\n\t(5)\tNothing in this section affects the ability of the Corporation to allow an employer to pay a statutory payment by instalments.\n154—Recovery on default\n\t(1)\tIf an employer—\n\t(a)\tfails or neglects to furnish a return when required by or under this Act; or\n\t(b)\tfurnishes a return that the Corporation has reasonable grounds to believe to be defective in any respect,\nthe Corporation may make an assessment of any statutory payment payable by the employer on the basis of information that has come into the possession of the Corporation and on the basis of estimates made by the Corporation (or both).\n\t(2)\tIf an employer fails to pay a statutory payment, or the full amount of a statutory payment, as required under this Act, the Corporation may make an assessment of the amount payable by the employer (including on the basis of estimates made by the Corporation).\n\t(3)\tThe Corporation may, as part of an assessment under subsection (1) or (2)—\n\t(a)\timpose on the employer a fine of an amount (not exceeding 3 times the amount assessed) fixed by the Corporation; and\n\t(b)\timpose penalty interest at the prescribed rate (charged from the date of the original default).\n\t(4)\tThe Corporation may for any proper reason—\n\t(a)\tremit a fine or penalty interest imposed under subsection (3) wholly or in part; or\n\t(b)\tallow a fine or penalty interest to be paid in instalments.\n\t(5)\tAn employer to whom a notice of an assessment, a fine or penalty interest under this section is given must pay the amount of the assessment, fine or penalty interest within the time allowed in the notice.\n\t(6)\tA fine under this section is in addition to a fine payable under section 139.\n155—Penalty for late payment\n\t(1)\tIf an employer fails to pay a statutory payment as and when required by or under this Act—\n\t(a)\tthe amount in arrears will, unless the Corporation determines otherwise, be increased by penalty interest at the prescribed rate; and\n\t(b)\tthe Corporation may impose on the employer a fine of an amount (not exceeding 3 times the amount assessed) fixed by the Corporation (unless a fine has been imposed under section 154(3) on account of a failure to make a statutory payment).\n\t(2)\tSubsection (1) does not apply if—\n\t(a)\tthe employer has not, within the period of 12 months immediately before the date on which the statutory payment was required to be paid, been in default for failing to pay a previous statutory payment in accordance with the requirements of this Act; and\n\t(b)\tthe employer pays the statutory payment within 14 days after the day on which the statutory payment was required to be paid under this Act.\n\t(3)\tThe Corporation may for any proper reason—\n\t(a)\tremit penalty interest or a fine imposed under subsection (1) wholly or in part; or\n\t(b)\tallow penalty interest or a fine to be paid in instalments.\n\t(4)\tAn employer to whom notice of an assessment of penalty interest or a fine under this section is given must pay the penalty interest or fine within the time allowed in the notice.\n156—Exercise of adjustment powers\nThe Corporation may exercise its powers under this Part more than once in relation to any particular period and regardless of whether or not—\n\t(a)\tany statutory payment has been fixed, demanded or paid; or\n\t(b)\ta period to which any determination or adjustment may apply has been completed or expired; or\n\t(c)\tthe Corporation has already reviewed or adjusted any estimate, liability or payment under this Part; or\n\t(d)\tany circumstances have arisen that would, but for this section, stop the Corporation from conducting a review, or making a determination or adjustment.\n157—Review\n\t(1)\tIf an employer considers that a decision of the Corporation as to—\n\t(a)\tthe estimate of remuneration that is to be used for the calculation of a statutory payment; or\n\t(b)\tthe fixing or assessment of a statutory payment; or\n\t(c)\tthe imposition of penalty interest or a fine; or\n\t(d)\tthe imposition or variation of a condition of a kind that may lead to the remission or imposition of a supplementary payment,\nis unreasonable, the board must, on application by the employer, review the decision.\n\t(2)\tAn application for review does not suspend a liability to pay a statutory payment, penalty interest or a fine.\n\t(3)\tThe review will be conducted, in accordance with procedures determined by the board, by the board itself, or by a committee or person to whom the board has delegated its powers of review under this section, and the board has an absolute discretion as to whether it will permit the employer or a representative of the employer to be heard orally on the review.\n\t(4)\tOn review, the board may—\n\t(a)\talter an estimate of remuneration;\n\t(b)\talter a statutory payment or an assessment;\n\t(c)\tquash or reduce penalty interest or a fine;\n\t(d)\tdirect the repayment of amounts overpaid;\n\t(e)\tquash or vary a condition imposed by the Corporation.\n\t(5)\tAn application under this section for review of a decision of the Corporation—\n\t(a)\tmust, if the decision relates to a class of employers, be made within 4 months after notice of the decision was given; or\n\t(b)\tmust, if the decision relates to an individual employer, be made within 2 months after the employer was given notice of the decision,\nunless the board (or its delegate) allows an extension of time for making the application.\n158—Payments to be made to Corporation\nAny statutory payment, penalty interest or fine (other than a fine for an offence) under this Part will be payable to the Corporation (and may be recovered by the Corporation as a debt in a court of competent jurisdiction).\n159—GST\n\t(1)\tA statutory payment under this Part is subject to any GST payable under A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) and any such GST is additionally payable by an employer.\n\t(2)\tSubsection (1) does not extend to a fine or any penalty interest imposed under this Part.\n160—Transfer of business\n\t(1)\tIn a case involving any transfer of business, the Corporation may, as it thinks fit, apply any claims experience (whether under this Act or at common law) or other factor applying with respect to the business before the transfer to the employer who takes over the business on account of the transfer.\n\t(2)\tFor the purposes of subsection (1), a reference to a business includes a reference to any form of undertaking.\n\t(3)\tWithout limiting subsections (1) and (2), a transfer of business between 2 employers will be taken to occur if there is a connection between the 2 employers under section 311 of the Fair Work Act 2009 of the Commonwealth.\n161—Reasonable mistake about application of Act\n\t(1)\tDespite any other provision of this Part, if the Corporation is satisfied that the reason for an employer failing to pay the correct amount of a statutory payment is that the employer believed on reasonable grounds that the employer would not be required to pay a statutory payment in respect of a particular worker because that worker's employment was not connected with this State by virtue of the operation of section 10, the employer is not liable to pay a fine or penalty interest on account of that particular failure.\n\t(2)\tHowever, if the employer's belief on reasonable grounds under subsection (1) was that under section 10 the particular worker's employment was connected with another State, subsection (1) does not apply unless at the time of the relevant failure the employer had workers compensation cover in respect of the worker under the law of that other State.\nState includes a Territory;\nworkers compensation cover means insurance or registration under the law of a State in respect of liability for statutory workers compensation under that law.\nDivision 8—Miscellaneous\n162—Separate accounts\nThe Corporation must, in a manner and form determined by the Corporation, maintain a separate account for each employer in which the Corporation records—\n\t(a)\tthe premiums, fees and supplementary payments charged to the employer; and\n\t(b)\tthe amounts paid by an employer; and\n\t(c)\tthe costs related to claims (whether under this Act or at common law) arising from employment by the employer, distinguishing the costs related to claims for unrepresentative injuries from the other claims; and\n\t(d)\tall other costs attributable to the employer; and\n\t(e)\tany other matter that the Corporation thinks fit.\n163—Liability to keep accounts\n\t(1)\tFor the purpose of completing returns in accordance with this Part, an employer must keep—\n\t(a)\tan accurate account of all remuneration paid or payable to the workers of the employer;\n\t(b)\tsuch other information as may be required by the Corporation.\n\t(2)\tIf an employer employs workers in more than 1 class of industry, the Corporation may require the employer to keep an account and other information under subsection (1) in respect of each separate class.\n\t(3)\tAny accounts and other information required to be kept under this section must be kept within the State and in writing in the English language or so as to be readily accessible and convertible into writing in the English language.\n\t(4)\tThis section does not apply so as to require the retention of accounts or other information beyond 7 years or such lesser period as the Corporation may determine in a particular case from the end of the period to which the accounts or other information relates.\n164—Person ceasing to be an employer\n\t(1)\tIf a registered employer ceases to be an employer who is required to be registered under this Part, the person must, within 14 days of ceasing to be such an employer—\n\t(a)\tgive written notice in a manner and form approved by the Corporation; and\n\t(b)\tfurnish the Corporation, in a manner and form approved by the Corporation, with such information as the Corporation may require.\n\t(2)\tThe Corporation may cancel the registration of an employer if it is satisfied that the person has ceased to be an employer who is required to be registered under this Part.\n\t(3)\tThe cancellation of registration does not affect any liability that arose before the date of cancellation.\n165—Certificate of registration\n\t(1)\tThe Corporation must, on the application of an employer who is registered under this Act, issue a certificate (a certificate of registration) with respect to—\n\t(a)\tthe registration of the employer under this Act; and\n\t(b)\tthe employer's compliance with any requirement to pay premiums under this Part.\n\t(2)\tA certificate of registration will be in a designated form and will contain information determined by the Corporation.\n\t(3)\tAn employer who is registered under this Act must, within 5 business days of a request to do so by a person authorised under this section to make the request, produce a current certificate of registration for inspection by the person.\nMaximum penalty: $1 000.\n\t(4)\tAn employer does not commit an offence against subsection (3) if the employer satisfies the court that the employer took reasonable steps to obtain the relevant certificate within 5 business days of the request for production but was unsuccessful.\n\t(5)\tA person who fraudulently alters a certificate of registration issued under this section is guilty of an offence.\nMaximum penalty: $25 000.\n\t(6)\tAn employer to whom a certificate of registration is issued under this section must notify the Corporation within 5 business days after it is issued if the certificate contains an error as to the information set out in the certificate in relation to the employer.\n\t(7)\tA certificate of registration issued under this section is evidence of the matters that it certifies.\n\t(8)\tThe following persons are authorised to request an employer to produce the employer's current certificate of registration:\n\t(a)\tany person who has, in the course of or for the purposes of the person's trade or business, contracted with the employer for the employer to carry out the whole or part of any work associated with that trade or business, or who proposes to enter into such a contract;\n\t(b)\tan authorised officer;\n\t(c)\tan officer of an industrial association;\n\t(d)\ta person authorised by the Corporation in writing for the purposes of this section.\n166—Insurance of registered employers against other liabilities\n\t(1)\tAn employer who is registered under this Act, and any employer who is not required to be registered because of an exemption under the regulations, is insured by the Corporation, subject to terms and conditions prescribed by regulation, against any liability that may arise apart from this Act in respect of a work injury arising from employment (being employment to which this Act applies) by the employer.\n\t(2)\tWhere an employer participates in the provision of recovery/return to work services or a recovery/return to work plan under this Act, and in consequence of that participation provides work for a person who is not a worker employed by that employer, that person will be taken to be in the employment of the employer for the purposes of subsection (1).\n\t(3)\tThe insurance provided by subsection (1) does not extend to a self‑insured employer except in relation to persons of the class referred to in subsection (2).\n\t(4)\tThe insurance provided by subsection (1) does not extend to any liability excluded by the regulations.\n167—Corporation as insurer of last resort\n\t(1)\tIf a self‑insured employer has ceased to be registered as a self‑insured employer under this Act, the Corporation may, in its discretion, undertake, in whole or part, liabilities related to work injuries arising from employment (including such injuries for which the employer is liable at common law under this Act) during the period of that registration.\n\t(2)\tThe Corporation must undertake the liabilities of a former self‑insured employer under subsection (1) if the employer—\n\t(a)\tbecomes insolvent; or\n\t(b)\tceases to carry on business in the State and fails to make provision that the Corporation considers adequate for dealing with claims, and meeting liabilities and responsibilities related to work injuries, during the period of the employer's registration as a self‑insured employer.\n\t(3)\tThe Corporation may recover the amount of liabilities undertaken by the Corporation under this section as a debt due to the Corporation from the employer (and, if the employer is being wound up, a claim for the relevant amount may be made in the winding up).\n\t(4)\tIf a claim is made under subsection (3) for an amount representing liabilities that have not fallen due, or have not been ascertained, as at the date of the claim, the liabilities will be estimated and capitalised in accordance with principles stated, or referred to, in the regulations.\n","sortOrder":21},{"sectionNumber":"Part 10","sectionType":"part","heading":"Scheme adjustment mechanisms","content":"Part 10—Scheme adjustment mechanisms\n168—Preliminary\n\t(1)\tIn this Part—\nfunding level means the percentage obtained by taking the value of the total assets of the Corporation and dividing those by the value of the total liabilities of the Corporation, as determined at the end of a financial year and by applying any relevant provision of the prescribed standard and as reported in the Statement of Financial Position of the Corporation in its annual report for that financial year;\nprescribed standard means the Australian Accounting Standards Board— AASB Standard 1023.\n\t(2)\tFor the purposes of this Part, a probability of sufficiency will be determined under the prescribed standard.\n\t(3)\tFor the purposes of this Part, an assessment of whether a profit or loss may arise from the insurance operations of the Corporation in respect of a financial year will be determined according to the total comprehensive result reported in the Statement of Comprehensive Income of the Corporation in its annual report, adjusted by the long term investment earnings rate and any relevant economic assumptions for investment profit and the cost of claims.\n169—Scheme adjustment/review events\n\t(1)\tFor the purposes of this section, a scheme adjustment/review event occurs if—\n\t(a)\tin respect of each of 2 consecutive financial years—\n\t(i)\tthe Corporation has achieved a funding level of at least 100% at a probability of sufficiency of 75%; and\n\t(ii)\tthe Corporation has achieved a profit from its insurance operations; and\n\t(b)\tan actuary reporting on the Corporation's funding level has made a statement under subsection (2).\n\t(2)\tThe statement envisaged by subsection (1)(b) is that, if a scheme bonus period were to be declared under this section in relation to a specified financial year—\n\t(a)\tthat the financial position of the scheme established by this Act would not be expected to fall below a funding level of 100% at a probability of sufficiency of 75%; and\n\t(b)\tthat a funding level of at least 100% at a probability of sufficiency of 75% is considered sustainable over the short to medium term.\n\t(3)\tIf the Minister is satisfied, on the basis of information contained in the Corporation's annual reports for 2 consecutive financial years and a statement provided under subsection (1)(b), that a scheme adjustment/review event has occurred—\n\t(a)\tunless paragraph (b) applies—the Minister must, by notice in the Gazette, declare a scheme bonus period in relation to the financial year that next follows the financial year immediately succeeding the second of those 2 consecutive financial years; or\n\t(b)\tif it appears to the Minister that a declaration of a scheme bonus period would result in the average premium rate falling below 1.25%—the Minister must initiate a review of the scheme under subsection (7) (and a scheme bonus period cannot be declared under this section until that review has been completed).\n\t(4)\tIf a scheme bonus period is declared under subsection (3)(a), the board must, in consultation with the Minister, determine an amount that is to be made available for distribution under subsection (5) (the prescribed distribution amount) subject to the qualification that the prescribed distribution amount must take into account factors relevant to the financial liabilities of the Corporation and must not be an amount that would cause, in the assessment of the board—\n\t(a)\tthe financial position of the scheme established by this Act to fall below a funding level of 100% at a probability of sufficiency of 75% in respect of the relevant financial year; or\n\t(b)\ta loss from the Corporation's insurance operations in respect of the relevant financial year; or\n\t(c)\ta material risk to the ability of the Corporation to achieve a sustainable funding level of at least 100% at a probability of sufficiency of 75% over the short to medium term.\n\t(5)\tThe prescribed distribution amount will be distributed as follows:\n\t(a)\thalf of the amount must be paid into a separate part of the Compensation Fund called the Return to Work Facilitation Fund; and\n\t(b)\thalf of the amount must be applied by the Corporation so as to achieve a reduction in premiums payable under Part 9 Division 4 in respect of the relevant financial year.\n\t(6)\tAn amount standing to the credit of the Return to Work Facilitation Fund will be applied by the Corporation towards—\n\t(a)\tprograms designed to assist workers—\n\t(i)\twho suffer work injuries; but\n\t(ii)\twho do not achieve a return to suitable employment after they have recovered (at least to some extent) from any resultant incapacity for work,\nto develop skills, knowledge, capacity and capabilities that will enable them to transition into employment or work that is reasonably suited to their circumstances; and\n\t(b)\tother programs or initiatives approved by the Minister that will benefit workers who have suffered work injuries.\n\t(7)\tIf the Minister initiates a review of the scheme under subsection (3)(b)—\n\t(a)\tthe review must be undertaken by a person appointed by the Minister after consultation with the Corporation; and\n\t(b)\tthe review must examine—\n\t(i)\tthe level of benefits payable to workers under this Act, and the extent or level of services available or provided to workers under this Act, and the extent to which it would be fair and appropriate to increase benefits or services by the amendment of this Act; and\n\t(ii)\tthe costs of employers on account of payments of premiums under Part 9 Division 4 and the impact on premiums of any increase to the level of benefits or services available or provided to workers under this Act; and\n\t(iii)\tthe sustainability of the Compensation Fund over the short to medium term; and\n\t(iv)\tany other matter determined by the Minister; and\n\t(c)\tthe review must be completed within 12 months of the scheme adjustment/review event.\n\t(8)\tOn the completion of a review under subsection (7)—\n\t(a)\tthe outcome of the review must be embodied in a written report; and\n\t(b)\tthe Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after receiving the report.\n\t(9)\tTo avoid doubt, nothing in this section prevents a series of declarations being made under subsection (3)(a) in relation to rolling periods of consecutive financial years (provided that the other requirements of this section have been satisfied so that such a declaration may be made).\n170—Scheme funding/review events\n\t(1)\tFor the purposes of this section, a scheme funding/review event occurs if in respect of each of 2 consecutive financial years the Corporation has been operating at a funding level below 90% at a probability of sufficiency of 75%.\n\t(2)\tIf the Minister is satisfied on the basis of information contained in the Corporation's annual reports for 2 consecutive financial years that a scheme funding/review event has occurred, the Minister must initiate a review of the scheme under subsection (3).\n\t(3)\tIf the Minister initiates a review of the scheme under this section—\n\t(a)\tthe review must be undertaken by a person appointed by the Minister after consultation with the Corporation; and\n\t(b)\tthe review must examine—\n\t(i)\tthe level of benefits payable to workers under this Act, and the extent or level of services available or provided to workers under this Act; and\n\t(ii)\tthe costs to employers on account of payment of premiums under Part 9 Division 4 and the extent to which it would be appropriate to increase the average premium rate (including by the amendment of this Act to change the percentage specified in section 137); and\n\t(iii)\tthe sustainability of the Compensation Fund over the short to medium term; and\n\t(iv)\tany other matter determined by the Minister; and\n\t(c)\tthe review must be completed within 12 months of the scheme funding/review event.\n\t(4)\tOn the completion of a review under this section—\n\t(a)\tthe outcome of the review must be embodied in a written report; and\n\t(b)\tthe Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after receiving the report.\n","sortOrder":22},{"sectionNumber":"Part 11","sectionType":"part","heading":"The Minister's Advisory Committee","content":"Part 11—The Minister's Advisory Committee\n171—Advisory Committee\n\t(1)\tThe Minister's Advisory Committee is established.\n\t(2)\tThe Advisory Committee consists of 9 members appointed by the Governor of whom—\n\t(a)\t3 (who must include at least 2 medical practitioners) will be appointed on the Minister's nomination made after consultation with 1 or more professional associations representing medical practitioners, including the Australian Medical Association (South Australia) Incorporated; and\n\t(b)\t3 (who must include at least 1 suitable representative of registered employers and at least 1 suitable representative of self‑insured employers) will be appointed on the Minister's nomination made after consulting with associations representing employers, including the South Australian Employers' Chamber of Commerce and Industry Inc; and\n\t(c)\t3 will be appointed on the Minister's nomination made after consultation with associations representing employees, including the United Trades and Labor Council.\n\t(3)\tA member of the Advisory Committee will be appointed on conditions, and for a term (not exceeding 3 years), determined by the Governor and, on the expiration of a term of appointment, is eligible for re-appointment.\n\t(4)\tA member of the Advisory Committee is entitled to fees, allowances and expenses approved by the Governor.\n\t(5)\tThe fees, allowances and expenses are payable out of the Compensation Fund.\n\t(6)\tThe Governor may remove a member from office for—\n\t(a)\tbreach of, or non-compliance with, a condition of appointment; or\n\t(b)\tmental or physical incapacity to carry out duties of office satisfactorily; or\n\t(c)\tneglect of duty; or\n\t(d)\tdishonourable conduct.\n\t(7)\tThe office of a member becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not re-appointed; or\n\t(c)\tresigns by written notice addressed to the Minister; or\n\t(d)\tis removed from office by the Governor under subsection (6).\n\t(8)\tOn the office of a member of the Advisory Committee becoming vacant, a person must be appointed, in accordance with this Act, to the vacant office.\n\t(9)\tOne member of the Committee must be appointed by the Governor to preside at meetings of the Committee (who will be referred to in this Act as the presiding member of the Committee).\n\t(10)\tAn appointment under subsection (9) must be made from among the members appointed under subsection (2)(a).\n172—Functions of Advisory Committee\n\t(1)\tThe functions of the Advisory Committee are—\n\t(a)\tto investigate or advise the Minister (on its own initiative or at the request of the Minister) about any matter relating to early intervention, recovery, return to work or compensation with respect to injured workers; and\n\t(b)\tto advise the Minister (on its own initiative or at the request of the Minister) on—\n\t(i)\tproposals to make amendments to this Act, or to make regulations under this Act; or\n\t(ii)\tother legislative proposals that may affect the operation of this Act; and\n\t(c)\tto carry out other functions assigned to the Advisory Committee by the Minister or under another provision of this Act.\n\t(2)\tThe Advisory Committee may conduct public meetings and discussions and may, with the approval of the Minister, conduct inquiries, on questions arising before the Advisory Committee.\n\t(3)\tThe Advisory Committee may on its own initiative, and must at the direction of the Minister, consult and cooperate with the Corporation, other government authorities at a State or national level, representatives of industrial associations and other persons or bodies.\n\t(4)\tThe Advisory Committee may, with the approval of the Minister, establish subcommittees to assist the Committee.\n\t(5)\tA subcommittee may, but need not, consist of, or include, members of the Advisory Committee.\n173—Proceedings etc of Advisory Committee\n\t(1)\tThe Advisory Committee may meet on such occasions as it thinks fit and must meet at the request or in accordance with any direction of the Minister.\n\t(2)\tSix members of the Advisory Committee constitute a quorum of the Committee.\n\t(3)\tThe presiding member of the Advisory Committee will, if present at a meeting of the Committee, preside at the meeting and, in the absence of the presiding member, a member chosen by the members present will preside.\n\t(4)\tA decision carried by a majority of the votes of the members present at a meeting of the Advisory Committee is a decision of the Committee.\n\t(5)\tEach member present at a meeting of the Advisory Committee is entitled to 1 vote on a matter arising for decision by the Committee and, if the votes are equal, the person presiding at the meeting has a second or casting vote.\n\t(6)\tThe Advisory Committee must ensure that accurate minutes are kept of its proceedings.\n\t(7)\tThe Advisory Committee may open its proceedings to the public unless the proceedings relate to commercially sensitive matters or to matters of a private confidential nature.\n\t(8)\tSubject to this Act, the proceedings of the Advisory Committee will be conducted as the Committee determines.\n174—Related provisions\n\t(1)\tA member of the Advisory Committee who, as a member of the Committee, acquires information that—\n\t(a)\tthe member knows to be of a commercially sensitive nature, or of a private confidential nature; or\n\t(b)\tthe Committee classifies as confidential information,\nmust not divulge the information without the approval of the Committee.\n\t(2)\tA member of the Advisory Committee will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with employers generally or employees generally, or a substantial section of employers or employees.\n","sortOrder":23},{"sectionNumber":"Part 12","sectionType":"part","heading":"Miscellaneous","content":"Part 12—Miscellaneous\n175—Extension of the application of Act to self-employed persons\n\t(1)\tThe Corporation may, on the application of a person who is self-employed, extend to that person the protection of this Act (or of specified parts of this Act).\n\t(2)\tAn application under subsection (1) may be granted by the Corporation subject to such conditions and limitations as the Corporation thinks fit and any such condition or limitation will, to the extent of any inconsistency, prevail over the provisions of this Act.\n176—Agreements with LSS Authority\n\t(1)\tA prescribed authority may, in accordance with section 55 of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013, enter into an agreement with the LSS Authority for the provision of services to persons—\n\t(a)\twho have suffered work injuries; and\n\t(b)\twho, in the opinion of the prescribed authority, would benefit from participating in certain aspects of the Scheme under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 relating to treatment, care and support needs and in having other services (whether under that Act or this Act) provided by the LSS Authority.\n\t(2)\tIf a person is subject to an agreement under this section—\n\t(a)\tthe person is required to comply with the provisions of the agreement insofar as it provides for the provision of services by the LSS Authority; and\n\t(b)\tthe prescribed authority is not required to provide services or compensation under this Act to the extent that they are provided by the LSS Authority under this section (and under section 55 of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013); and\n\t(c)\tthe prescribed authority may, if the agreement so provides and to the extent provided by the agreement, delegate to the LSS Authority any power or discretion that is exercisable in relation to the person under any section of this Act prescribed by the regulations for the purposes of this paragraph (including, in the case of a self‑insured employer, a power or discretion delegated to the self‑insurer employer under Part 9 Division 2 of this Act); and\n\t(d)\tthe prescribed authority must make any payment contemplated by section 55(2)(c) of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 (or under subsection (3)(c)).\n\t(3)\tIf a power or discretion is delegated under subsection (2)(c)—\n\t(a)\tthe prescribed authority may direct the LSS Authority how the LSS Authority is to exercise the power or discretion; and\n\t(b)\ta decision of the LSS Authority made pursuant to a power or discretion will have effect as a decision of the prescribed authority and will be subject to review and appeal as a decision of the prescribed authority; and\n\t(c)\tthe agreement between the prescribed authority and the LSS Authority may provide for—\n\t(i)\ta payment or payments to the LSS Authority to ensure that the LSS Authority is appropriately funded to provide any relevant services or compensation under the delegation; and\n\t(ii)\tother payments in connection with the operation of the agreement,\n(with any such payments to be paid into the Fund under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013).\nLSS Authority means the Lifetime Support Authority of South Australia;\nprescribed authority means—\n\t(a)\tin relation to a person who suffered a work injury as a worker of a self‑insured employer—that self‑insured employer; and\n\t(b)\tin any other case—the Corporation.\n177—Payment not to constitute an admission of liability\nA payment by the Corporation or an employer to a worker does not constitute an admission of liability or estop a subsequent denial of liability.\n178—Employer may request progress report\n\t(1)\tThe employer of a worker may at any time request the Corporation to provide a report on—\n\t(a)\tthe medical progress being made by the worker;\n\t(b)\tthe worker's capacity for work as assessed under this Act.\n\t(2)\tThe Corporation must prepare a report requested under subsection (1) within a reasonable time of the request being made and must send copies of the report to the employer and the worker.\n179—Copies of medical reports\n\t(1)\tThe Corporation must, within 7 days after receiving a request from a worker's employer (or a representative of such an employer), provide the employer (or the representative) with copies of reports in the Corporation's possession prepared by health practitioners and relevant to the worker's medical condition, the worker's progress in recovery, or the extent of the worker's capacity for work.\n\t(2)\tAn employer must not disclose confidential information about a worker in a report obtained under this section except as may be necessary—\n\t(a)\tto assist the worker's recovery or return to work; or\n\t(b)\tfor the purposes of proceedings under this Act.\n180—Worker's right of access to claims file\n\t(1)\tSubject to this section, the Corporation or a delegate of the Corporation must, at the request of a worker—\n\t(a)\tprovide the worker, within 45 days after the date of the request, with copies of all documentary material in the possession of the Corporation or the delegate relevant to a claim made by the worker; and\n\t(b)\tmake available for inspection by the worker (or a representative of the worker) all non-documentary material in the possession of the Corporation or the delegate relevant to a claim made by the worker.\n\t(2)\tNon‑documentary material is to be made available for inspection—\n\t(a)\tat a reasonable time and place agreed between the Corporation or delegate and the worker; or\n\t(b)\tin the absence of agreement—at a public office of the Corporation or delegate nominated by the worker at a time (which must be at least 45 days, but not more than 60 days, after the request is made and during ordinary business hours) nominated by the worker.\n\t(3)\tHowever, the Corporation or delegate is not obliged to provide copies of material, or to make material available for inspection by the worker if—\n\t(a)\tthe material is relevant to the investigation of suspected dishonesty in relation to the claim; or\n\t(b)\tthe material is protected by legal professional privilege; or\n\t(c)\tthe disclosure of the material could reasonably be expected to endanger the life or physical safety of any person.\n\t(4)\tA worker who is aggrieved by a decision under subsection (3) is entitled to a review of the decision by the Corporation or the delegate (as the case may be).\n\t(5)\tAn application for review under subsection (4)—\n\t(a)\tmust be made in accordance with the regulations; and\n\t(b)\tmust be made within 30 days after the day on which notice of the decision was given to the worker or within such longer period as the Corporation or delegate may allow.\n\t(6)\tOn an application for review, the Corporation or delegate may confirm, vary or reverse the decision under review.\n\t(7)\tIf the Corporation or delegate fails to make a decision on a review under subsection (6) within 14 days after the application for review is received under subsection (5), the Corporation or delegate will be taken to have confirmed the decision under review.\n\t(8)\tA worker who is aggrieved by a decision under subsection (6) may apply to the Ombudsman for a review of the decision.\n\t(9)\tAn application for a review under subsection (8)—\n\t(a)\tmust be made in a manner and form determined by the Ombudsman; and\n\t(b)\tmust be made within 30 days after the day on which notice of the decision was given to the worker or within such longer period as the Ombudsman may allow.\n\t(10)\tThe Ombudsman may, in relation to a review under subsection (8)—\n\t(a)\texercise the powers of the Ombudsman under the Ombudsman Act 1972 as if carrying out an investigation under that Act, subject to such modifications as may be necessary, or as may be prescribed; and\n\t(b)\tat the conclusion of the review confirm, vary or reverse the decision under review.\n\t(11)\tFor the purposes of a review of a decision of a self‑insured employer under subsection (8), the self‑insured employer will be taken to be an agency to which the Ombudsman Act 1972 applies.\n\t(12)\tSection 17(1) of the Ombudsman Act 1972 does not apply in relation to a review under subsection (8).\n\t(13)\tIt will be taken to be a condition of registration as a self‑insured employer that the employer will comply with any decision of the Ombudsman that relates to the employer under subsection (10).\n\t(14)\tIf the Ombudsman becomes aware that a self‑insured employer has failed to comply with a decision of the Ombudsman that relates to the employer under subsection (10), the Ombudsman must advise the Corporation of the failure.\n\t(15)\tIf the Corporation or a delegate of the Corporation mistakenly provides material to a worker to which the worker is not entitled, the worker must return the material within a reasonable time after requested to do so by the Corporation or the delegate.\nMaximum penalty: $2 500.\n\t(16)\tIn this section, a delegate of the Corporation includes a self‑insured employer.\n181—Medical examination at request of employer\n\t(1)\tSubject to subsection (2), the employer of a worker who has made a claim under this Act may require the Corporation to have the worker submit to an examination by a recognised health practitioner nominated by the Corporation.\n\t(2)\tA worker must not be required to submit to examinations under this section more frequently than is permitted by the regulations.\n\t(3)\tThe Corporation may, if it thinks fit, charge the cost of an examination under this section to the employer.\n\t(4)\tIf it appears that there has been undue delay in having a worker examined under this section, the Tribunal may, on application by the employer, give such directions to the Corporation as appear reasonable in the circumstances to expedite the examination.\n\t(5)\tThe Corporation must comply, or take steps to secure compliance, with such a direction.\n182—Worker to be supplied with copy of medical report\nWhere a report is obtained for the purposes of this Act by the Corporation or an employer on the findings made, or the opinions formed, by a health practitioner on the examination of a worker, the Corporation or the employer must, within 7 days after receiving the report, send a copy of the report to the worker.\n183—Powers of entry and inspection\n\t(1)\tFor the purposes of this Act, an authorised officer may, at any reasonable time—\n\t(a)\tenter any workplace;\n\t(b)\tinspect the workplace, anything at the workplace and work there in progress;\n\t(c)\trequire a person who has custody or control of books, documents or records relevant to any matter arising under this Act to produce those books, documents or records;\n\t(d)\texamine, copy and take extracts from any such books, documents or records, or require an employer to provide a copy of any such books, documents or records;\n\t(e)\ttake photographs, films or video or audio recordings;\n\t(f)\ttake measurements, make notes and records and carry out tests;\n\t(g)\trequire (directly or through an interpreter) any person to answer, to the best of that person's knowledge, information and belief, any question relevant to any matter arising under this Act;\n\t(h)\trequire an employer to produce any document, or a copy of any document, that is required to be prepared or kept under this Act;\n\t(i)\tseize any document that has been mistakenly provided by the Corporation under this Act.\n\t(2)\tIf—\n\t(a)\ta person whose native language is not English is suspected of having breached this Act; and\n\t(b)\tthe person is interviewed by an authorised officer in relation to that suspected breach; and\n\t(c)\tthe person is not reasonably fluent in English,\nthe person is entitled to be assisted by an interpreter during the interview.\n\t(3)\tA person is not required—\n\t(a)\tto provide information under this section that is privileged on the ground of legal professional privilege; or\n\t(b)\tto answer a question under this section if the answer would tend to incriminate that person of an offence.\n\t(4)\tAn authorised officer, who suspects on reasonable grounds that an offence against this Act has been committed, may seize and retain anything that affords evidence of that offence.\n\t(5)\tAn authorised officer must, at the request of any person from whose possession evidentiary material is seized under subsection (4), provide a receipt for that material.\n\t(6)\tWhere anything has been seized under subsection (4) the following provisions apply:\n\t(a)\tthe thing seized must be held pending proceedings for an offence against this Act related to the thing seized, unless the Minister, on application, authorises its release to the person from whom it was seized, or any person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii));\n\t(b)\twhere proceedings for an offence against this Act relating to the thing seized are instituted within 6 months of its seizure and the person charged is found guilty of the offence, the court may—\n\t(i)\torder that it be forfeited to the Crown; or\n\t(ii)\twhere it has been released pursuant to paragraph (a)—order that it be forfeited to the Crown or that the person to whom it was released pay to the Minister an amount equal to its market value at the time of its seizure, as the court thinks fit;\n\t(c)\twhere—\n\t(i)\tproceedings are not instituted for an offence against this Act relating to the thing seized within 6 months after its seizure; or\n\t(ii)\tproceedings having been so instituted—\n\t(A)\tthe person charged is found not guilty of the offence; or\n\t(B)\tthe person charged is found guilty of the offence but no order for forfeiture is made under paragraph (b),\nthe person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Minister, by action in a court of competent jurisdiction, the thing itself, or if it has deteriorated or been destroyed, compensation of an amount equal to its market value at the time of its seizure.\n\t(7)\tIn the exercise of powers under this section, an authorised officer may be accompanied by such assistants as may be necessary or desirable in the circumstances.\n\t(8)\tAn employer whose workplace is subject to an inspection under this section must provide such assistance as may be necessary to facilitate the exercise of the powers conferred by this section.\n\t(9)\tA person must not—\n\t(a)\thinder or obstruct an authorised officer in the exercise of a power conferred by this section; or\n\t(b)\trefuse or fail, without lawful excuse, to comply with a requirement under this section.\n\t(10)\tAn authorised officer, or a person assisting an authorised officer, who in the course of exercising powers under this section in relation to an employer—\n\t(a)\tunreasonably hinders or obstructs the employer in the day to day running of his or her business;\n\t(b)\taddresses offensive language to the employer or to any other person at the workplace;\n\t(c)\tassaults the employer or any other person at the workplace,\nMaximum penalty: \n\t(a)\tfor an offence against paragraph (a) or (b)—$5 000;\n\t(b)\tfor an offence against paragraph (c)—$5 000 or imprisonment for 1 year.\n184—Inspection of place of employment by recovery or return to work adviser\n\t(1)\tSubject to subsection (2), a designated adviser may inspect the place of employment of an injured worker.\n\t(2)\tA power of inspection under subsection (1) must be exercised so as to avoid any unnecessary disruption of, or interference with, the performance of work at a place of employment.\n\t(3)\tA person must not hinder an inspection under this section.\nMaximum penalty: $5 000.\n\t(4)\tA reference in this section to a designated adviser is a reference to a person who has been authorised by the Corporation to act under this section in connection with the provision of recovery/return to work services to a worker or workers for the purposes of this Act.\n185—Confidentiality to be maintained\n\t(1)\tA person must not disclose information (except as permitted by subsection (3)) if—\n\t(a)\tthe person obtained the information in the course of carrying out functions in, or in relation to, the administration, operation or enforcement of this Act; and\n\t(b)\tthe information is—\n\t(i)\tabout commercial or trading operations; or\n\t(ii)\tabout the physical or mental condition, or the personal circumstances or affairs, of a worker or other person; or\n\t(iii)\tinformation provided in a return or in response to a request for information under this Act.\n\t(2)\tThe Corporation may enter into arrangements with corresponding workers compensation authorities about sharing information obtained in the course of carrying out functions related to the administration, operation or enforcement of this Act or a corresponding law.\n\t(3)\tA disclosure of information is permitted if it is—\n\t(a)\ta disclosure in the course of official duties; or\n\t(b)\ta disclosure of statistical information; or\n\t(c)\ta disclosure made with the consent of the person to whom the information relates, or who furnished the information; or\n\t(d)\ta disclosure made to a corresponding workers compensation authority in accordance with an arrangement entered into under subsection (2); or\n\t(e)\ta disclosure authorised or required under any other Act or law; or\n\t(f)\ta disclosure required by a court or tribunal constituted by law, or before a review authority; or\n\t(g)\ta disclosure to the Corporation or a self-insured employer; or\n\t(h)\ta disclosure to an injured worker's employer in accordance with this Act; or\n\t(i)\ta disclosure to the Lifetime Support Authority of South Australia (the LSS Authority)—\n\t(i)\tfor purposes associated with the operation of section 176 of this Act, section 55 of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013, or an agreement envisaged by those sections; or\n\t(ii)\twithout limiting subparagraph (i), so that the LSS Authority may provide services and exercise powers and discretions under this Act or the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013; or\n\t(j)\ta disclosure made under the authorisation of the Minister; or\n\t(k)\ta disclosure authorised by regulation.\n\t(4)\tA regulation made for the purposes of subsection (3)(k) cannot take effect unless it has been laid before both Houses of Parliament and—\n\t(a)\tno motion for disallowance is moved within the time for such a motion; or\n\t(b)\tevery motion for disallowance of the regulation has been defeated or withdrawn, or has lapsed.\n\t(5)\tIn this section—\ncorresponding workers compensation authority means any person or authority in another State or a Territory of the Commonwealth with power to determine or manage claims for compensation for injuries arising from employment.\n186—Confidentiality—employers\n\t(1)\tAn employer who is registered under this Act, or a person employed by an employer who is registered under this Act, must not disclose information about the physical or mental condition of a worker unless the disclosure is—\n\t(a)\treasonably required for, or in connection with, the carrying out of the proper conduct of the business of the employer; or\n\t(b)\trequired in connection with the operation of this Act; or\n\t(c)\tmade with the consent of the person to whom the information relates, or who furnished the information; or\n\t(d)\trequired by a court or tribunal constituted by law, or before a review authority; or\n\t(e)\tauthorised or required under any other Act or law; or\n\t(f)\tmade—\n\t(i)\tto the Corporation; or\n\t(ii)\tto the worker's employer; or\n\t(g)\tmade to the Lifetime Support Authority of South Australia (the LSS Authority)—\n\t(i)\tfor purposes associated with the operation of section 176 of this Act, section 55 of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013, or an agreement envisaged by those sections; or\n\t(ii)\twithout limiting subparagraph (i), so that the LSS Authority may provide services and exercise powers and discretions under this Act or the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013; or\n\t(h)\tmade under the authorisation of the Minister; or\n\t(i)\tauthorised by regulation.\n\t(2)\tA regulation made for the purposes of subsection (1)(i) cannot take effect unless it has been laid before both Houses of Parliament and—\n\t(a)\tno motion for disallowance is moved within the time for such a motion; or\n\t(b)\tevery motion for disallowance of the regulation has been defeated or withdrawn, or has lapsed.\n187—Employer information\nThe Corporation may, as it thinks fit, disclose the following information in relation to any employer registered (or previously registered) under this Act:\n\t(a)\tthe number of claims (whether under this Act or at common law) in respect of work injuries made by the employer's workers in a particular period;\n\t(b)\tthe cost of claims (whether under this Act or at common law) in respect of work injuries suffered by the employer's workers in a particular period;\n\t(c)\tthe nature of work injuries suffered by the employer's workers;\n\t(d)\tdetails of any remission of premiums granted to the employer, or any supplementary payment imposed on the employer, under Part 9 Division 6.\n188—Injuries that develop gradually\n\t(1)\tAn injury (not being noise induced hearing loss) that develops gradually or is a disease will be taken to have occurred when the worker first becomes totally or partially incapacitated for work by the injury.\n\t(2)\tSubject to this section, where a claim is made under this Act in respect of noise induced hearing loss by a worker (not being a person who has retired from employment on account of age or ill‑health), the whole of the loss will be taken to have occurred immediately before notice of the injury was given and, subject to any proof to the contrary, to have arisen out of employment in which the worker was last exposed to noise capable of causing noise induced hearing loss.\n\t(3)\tIf a claim is made under this Act in respect of noise induced hearing loss by a person who has retired from employment on account of age or ill-health, the whole of the loss will be taken to have occurred immediately before the person retired and, subject to any proof to the contrary, to have arisen out of employment in which the person was last exposed to noise capable of causing noise induced hearing loss.\n\t(4)\tIf—\n\t(a)\ta self-insured employer establishes in accordance with procedures laid down by the regulations that a worker was, at the time of undertaking employment with the employer, suffering from a particular injury; and\n\t(b)\tthe injury is of a prescribed class; and\n\t(c)\tan aggravation, acceleration, exacerbation, deterioration or recurrence of the injury arises from employment by the employer referred to in paragraph (a); and\n\t(d)\tthe employer pays compensation under this Act in respect of the injury,\nthe employer may, by action in the Industrial Relations Court of South Australia, recover a fair contribution, determined by the Court, towards the amount of the compensation—\n\t(e)\tfrom any self-insured employer from whose employment the injury established under paragraph (a) arose; or\n\t(f)\tif there is no such self-insured employer—from the Corporation.\n\t(a)\tan employer (not being a self-insured employer) establishes in accordance with procedures laid down by the regulations that a worker was, at the time of undertaking employment with the employer, suffering from a particular injury; and\n\t(b)\tthe injury is of a prescribed class; and\n\t(c)\tan aggravation, acceleration, exacerbation, deterioration or recurrence of the injury arises from employment by the employer referred to in paragraph (a); and\n\t(d)\tthe Corporation pays compensation under this Act in respect of the injury,\nthe Corporation may, by action in the Industrial Relations Court of South Australia, recover a fair contribution, determined by the Court, towards the amount of the compensation from any self‑insured employer from whose employment the injury established under paragraph (a) arose.\n189—Certain payments not to affect benefits under this Act\nCompensation provided to a person under this Act must not be reduced or otherwise affected by—\n\t(a)\tan ex gratia payment; or\n\t(b)\tan accident insurance payment; or\n\t(c)\ta payment or benefit of a class prescribed by regulation for the purposes of this section.\n190—No contribution from workers\n\t(1)\tAn employer must not deduct from the wages of a worker any part of any sum that the employer is or may become liable to pay under this Act.\n\t(2)\tAn employer must not discriminate against a worker on the ground that the employer is liable to pay any sum under this Act to or in relation to the worker.\n\t(3)\tAn employer must not require or permit a worker to contribute in any manner towards indemnifying the employer against any liability which the employer may incur under this Act.\n\t(4)\tA person who contravenes this section—\n\t(a)\tis guilty of an offence and liable to a penalty not exceeding $10 000; and\n\t(b)\tis liable to compensate a worker for any monetary loss suffered by virtue of that contravention.\n191—No contracting out\n\t(1)\tThis Act applies despite any contract to the contrary.\n\t(2)\tSubsection (1) does not apply to or in relation to—\n\t(a)\ta contract entered into with the consent of the Corporation; or\n\t(b)\tany circumstances prescribed by the regulations.\n192—Non-assignability of benefits\n\t(1)\tCompensation under this Act—\n\t(a)\tis not capable of being assigned, charged or attached; and\n\t(b)\tdoes not pass to any other person by operation of law,\nnor can any claim be set off against that compensation (except as may be otherwise provided under this Act).\n\t(2)\tSubsection (1) has no effect to the extent to which (but for this subsection) it would operate to prevent—\n\t(a)\tthe satisfaction of an obligation by the worker to maintain another person pursuant to an order of a court of competent jurisdiction; or\n\t(b)\tthe passing of accrued rights of a deceased worker to a legal personal representative.\n193—Payments if worker in prison\n\t(1)\tIf a person who is in receipt of weekly payments under this Act is convicted of an offence and committed to prison, then during the period of imprisonment the weekly payments will be suspended by force of this section unless the Corporation determines that they should be paid to the dependants of the prisoner (and any determination of the Corporation is not reviewable).\n\t(2)\tIf the Corporation determines that weekly payments should be paid to the dependants of a prisoner, they will be so paid in such proportions as the Corporation may determine.\n194—Service of documents\n\t(1)\tA notice or other document required or authorised by this Act to be served or given to any person may be served—\n\t(a)\tpersonally; or\n\t(b)\tby leaving the notice or document at an address for service; or\n\t(c)\tby sending the notice or document or a sealed copy of the notice or document by post addressed to the person at an address for service; or\n\t(d)\tby sending the notice or document in the form of an electronic document or communication to the person at an electronic address for service; or\n\t(e)\tby such other method as is permitted by regulations under this Act or by any Act.\n\t(2)\tIn any case to which subsection (1)(c) applies, unless the contrary is proved, service of a notice or document will be taken to have been effected 2 business days after the date of posting.\n\t(3)\tIn subsection (1)—\naddress for service, in relation to a person, means—\n\t(a)\tthe person's last known place of residence or business; or\n\t(b)\tan address for service as shown on a claim or a return made or furnished by the person, or on the person's behalf, under this Act (not being an address superseded by a subsequent address for service shown on a later claim or return);\nelectronic address for service, in relation to a person, means—\n\t(a)\tthe person's last known email address; or\n\t(b)\tanother facility for the receipt of electronic documents that forms part of an electronic messaging system permitted by the regulations.\n195—Service of documents on Corporation\nAny claim, notice, return or form to be served on the Corporation for the purposes of this Act may be served by lodgment at an office of the Corporation with a person authorised by the Corporation to accept service of documents on its behalf.\n196—Dishonesty\n\t(1)\tA person who—\n\t(a)\tobtains by dishonest means a payment or other benefit under this Act; or\n\t(b)\tdishonestly claims to be entitled to a payment or other benefit under this Act; or\n\t(c)\tdishonestly makes a statement about a claim under this Act knowing the statement is false or misleading; or\n\t(d)\tdishonestly makes an application, or gives a return, under this Act knowing the application or return to be false or misleading,\nMaximum penalty: $50 000 or imprisonment for 2 years.\n\t(2)\tA person who—\n\t(a)\taids, abets, counsels or procures the commission of an offence against subsection (1); or\n\t(b)\tsolicits or incites the commission of any such offence,\nMaximum penalty: $10 000 or imprisonment for 1 year.\n\t(3)\tIf a court convicts a person of an offence against this section, or finds a person guilty of such an offence without recording a conviction, the court must, on application by the Corporation or a self-insured employer, order the person who committed the offence—\n\t(a)\tto make good any loss to the applicant resulting from the commission of the offence; and\n\t(b)\tto reimburse costs incurred by the applicant in investigating and prosecuting the offence.\n197—Evidence\n\t(1)\tIn any legal proceedings, a certificate apparently signed by an officer of the Corporation, certifying—\n\t(a)\tthat a person was, on a day specified in the certificate, an employer;\n\t(b)\tthat a person was, on a day specified in the certificate, a worker,\nwill, in the absence of proof to the contrary, be proof of the matters stated in the certificate.\n\t(2)\tIn any legal proceedings against a person for failing to register with the Corporation as an employer, a certificate apparently signed by an officer of the Corporation, certifying that the person was not, on a specified day, registered as an employer will, in the absence of proof to the contrary, be proof of the matters stated in the certificate.\n\t(3)\tIn any legal proceedings, a certificate apparently signed by an officer of the Corporation, certifying that an amount specified in the certificate is payable to the Corporation, by way of premium, fee, supplementary payment or fine, by a person named in the certificate, will, in the absence of proof to the contrary, be proof of the liability.\n\t(4)\tIn any proceedings against a person for failing to furnish a return under this Act, a certificate apparently signed by an officer of the Corporation certifying that the return was not received before the expiration of the period within which it was required to be furnished will, in the absence of evidence to the contrary, be proof that the defendant failed duly to furnish the return.\n\t(5)\tIn any proceedings, a certificate apparently under the seal of the Corporation certifying that an officer of the Corporation named in the certificate was, on a day specified in the certificate, invested with specified delegated powers or functions will, in the absence of evidence to the contrary, be proof of the matters stated in the certificate.\n\t(6)\tIn this section—\nofficer of the Corporation includes a person who, although not an officer of the Corporation, is acting under a delegation of the Corporation.\n198—Offences\n\t(1)\tA person who contravenes or fails to comply with a provision of this Act is guilty of an offence.\n\t(2)\tA person who is guilty of an offence against this Act for which no penalty is specifically provided is liable to a fine not exceeding $5 000.\n\t(3)\tProceedings for an offence against this Act will be disposed of summarily.\n\t(4)\tA prosecution for an offence against this Act must be commenced within 3 years after the date on which the offence is alleged to have been committed.\n\t(5)\tSubsection (1) does not render the Corporation, a member of the staff of the Corporation, or any person acting on behalf of the Corporation, liable to prosecution for any act or omission related to the administration or enforcement of this Act.\n199—Expiation fees\nExpiation fees may be fixed, by regulation, for alleged offences against this Act.\n200—Right of intervention\nThe Corporation has a right to intervene and be heard in—\n\t(a)\tany proceedings under this Act before the Tribunal; or\n\t(b)\tany proceedings before a court—\n\t(i)\tin which the interpretation or application of this Act or the repealed Act is in issue; or\n\t(ii)\tin which the Corporation's interests may be directly or indirectly affected.\n201—Recovery of payments\n\t(1)\tIn addition to the other provisions of this Act, the Corporation may recover (as a debt) from a worker, an employer or any other person any payment of compensation or other amount to which the worker, employer or other person is not entitled under this Act.\n\t(2)\tSubsection (1) extends to a situation where the Corporation is correcting an error, mistake or oversight, or revising an assessment, previously made by the Corporation under this Act.\n\t(3)\tIf the Corporation recovers or receives from a worker or other person an amount on account of compensation paid by the worker's employer, the Corporation may reimburse the amount to the employer.\n\t(4)\tThis section does not limit any other right of a recovery under another section of this Act.\n202—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\trequire the keeping of records, statistics or other information; and\n\t(b)\trequire the provision of reports, statements, documents or other forms of information to the Corporation; and\n\t(c)\trequire the giving of notice to the Corporation at specified intervals, or on the occurrence of any specified event; and\n\t(d)\tspecify any procedure associated with any process under this Act; and\n\t(e)\tmake provisions with respect to the operation of this Act in relation to self‑insured employers; and\n\t(f)\tprovide for the waiver of any fee prescribed by the regulations; and\n\t(g)\timpose penalties, not exceeding $20 000, for a contravention of, or failure to comply with, a regulation; and\n\t(h)\tprovide that an amount prescribed by the regulations may be adjusted on an annual basis according to changes in the Consumer Price Index (with amounts being able to be rounded up under a scheme prescribed by the regulations).\n\t(3)\tA regulation may—\n\t(a)\trefer to or incorporate, wholly or partially and with or without modification, a document prepared or published by a specified body, either as in force at the time the regulation is made or as in force from time to time; and\n\t(b)\tbe of general or limited application; and\n\t(c)\tmake different provision according to the persons or circumstances to which it is expressed to apply; and\n\t(d)\tprovide that a matter is to be determined according to the discretion of the Minister or the Corporation.\n203—Review of Act\n\t(1)\tThe Minister must cause a review of this Act and its administration and operation to be conducted on the expiry of 3 years from its commencement.\n\t(2)\tThe review must include an assessment of—\n\t(a)\tthe extent to which the scheme established by this Act and the dispute resolution processes under this Act and the South Australian Employment Tribunal Act 2014 have achieved a reduction in the number of disputed matters and a decrease in the time taken to resolve disputes (especially when compared to the scheme and processes applying under the repealed Act); and\n\t(b)\twithout limiting paragraph (a), whether the jurisdiction of the South Australian Employment Tribunal under this Act should be transferred to the South Australian Civil and Administrative Tribunal; and\n\t(c)\tthe extent to which there has been an improvement in the determination or resolution of medical questions arising under this Act (especially when compared to the system applying under the repealed Act),\nand may include any other matter that the Minister considers to be relevant to a review of this Act.\n\t(3)\tThe review must be completed within 6 months and the results of the review embodied in a written report.\n\t(4)\tThe Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after receiving the report.\n","sortOrder":24},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Presumptive employment","content":"Schedule 1—Presumptive employment\n1—Presumptive employment\n\t(1)\tThe Crown is the presumptive employer of persons of a prescribed class who voluntarily perform work of a prescribed class that is of benefit to the State (and the Crown therefore has the liabilities of a self‑insured employer in relation to persons of that class).\n\t(2)\tWhere a person of a class prescribed under subclause (1) suffers a work injury while performing the work to which the prescription relates—\n\t(a)\tthe question of whether and, if so, to what extent the person is incapacitated for work must be determined according to the employment (including self‑employment) in which the person was otherwise engaged at the commencement of the incapacity or, if the person was not then engaged in other employment, by reference to employment for which he or she was then reasonably fitted; and\n\t(b)\tsubject to paragraph (c), the average weekly earnings of the person must be determined—\n\t(i)\tif the person was self-employed, by reference to the remuneration that the person would have received if he or she had been doing the same work in employment; or\n\t(ii)\tif the person was not employed, by reference to the remuneration that the person would have received if he or she had been working in employment for which he or she was reasonably fitted,\nand if there is an award or industrial agreement applicable to that class of employment, by reference to that award or agreement; and\n\t(c)\twhere—\n\t(i)\tthe person dies; and\n\t(ii)\ta claim for compensation is made by a person claiming to be a dependant of the deceased; and\n\t(iii)\tthe deceased and the claimant were both members of a partnership or proprietary company and the predominant work of the deceased before the date of death was in the business of that partnership or company,\nthen for the purposes of determining whether the claimant was a dependant of the deceased and, if so, the extent of the dependency, any income derived by the claimant from the partnership or company during the deceased's lifetime will (to the extent that the income is attributable to the deceased's work on behalf of the partnership or company) be taken to be an allowance made by the deceased, out of the deceased's own income, for the maintenance of the claimant.\n\t(3)\tFor the purposes of this clause—\n\t(a)\teach of the following is a prescribed class of persons:\n\t(i)\tmembers of SACFS who voluntarily perform work in connection with that membership;\n\t(ii)\tother persons of a class prescribed by the regulations; and\n\t(b)\twork of a prescribed class is constituted by—\n\t(i)\tin relation to a member of SACFS under paragraph (a)(i)—\n\t(A)\tany activity directed towards preventing, controlling or extinguishing a fire, or dealing with any other emergency that requires SACFS to act to protect life, property or the environment; or\n\t(B)\tattending in response to a call for assistance by SACFS; or\n\t(C)\tattending a SACFS meeting, competition, training exercise or other organised activity; or\n\t(D)\tany other activity carried out in relation to the functions of SACFS under the Fire and Emergency Services Act 2005; and\n\t(ii)\tother work of a class prescribed by the regulations.\n","sortOrder":25},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Injuries presumed to arise from general employment","content":"Schedule 2—Injuries presumed to arise from general employment\n\nDescription of injury\nDescription of work\nAnkylostomiasis\nMining.\nAnthrax\nAny work—\n\t(a)\tin connection with animals infected with anthrax;\n\t(b)\tinvolving handling of animal carcasses or parts of such carcasses;\n\t(c)\tinvolving handling of wool, hair, bristles, hides or skins;\n\t(d)\tinvolving loading or unloading, or transport, of animals, animal carcasses or parts of such carcasses, wool, hair, bristles, hides or skins.\nAntimony poisoning or its sequelae\nAny work involving the use of antimony or its preparations or compounds.\nArsenic poisoning or its sequelae\nAny work involving the use of arsenic or its preparations or compounds.\nAsbestosis\nAny work involving exposure to inhalation of asbestos fibres.\nAsthma or asthmatic attacks\nAny work involving contact with, or the inhalation of, the dust of red pine, western red cedar or blackwood.\nAny work involving contact with, or the inhalation of, flour or flour dust.\nBenzene poisoning (ie poisoning by benzene or its homologues or their nitro- and amido-derivatives) and its sequelae\nAny work involving the production, liberation or utilisation of benzene or its homologues or their nitro- and amido-derivatives.\nBrucellosis, leptospirosis, or Q fever\nAny work at, in, about, or in connection with, a meat works or involving the handling of meat, hides, skins or carcasses.\nCarbon monoxide poisoning or its sequelae\nAny work involving contact with, or the inhalation of, carbon monoxide gas.\nChrome ulceration or its sequelae\nAny work involving the use of chromic acid or bi‑chromate or ammonium potassium or sodium or their preparations.\nCopper poisoning or its sequelae\nAny work involving the use or handling of copper or its preparations or compounds.\nDermatitis\nAny work involving exposure to, or contact with, the dust of blackwood.\nHalogen poisoning (ie poisoning by the halogen derivatives of hydrocarbons of the aliphatic series) and its sequelae\nAny work involving the production, liberation or utilisation of halogen derivatives or hydrocarbons of the aliphatic series.\nLead poisoning or its sequelae\nAny work involving the use of lead or its preparations or compounds.\nMercury poisoning or its sequelae\nAny work involving the use of mercury or its preparations or compounds.\nMesothelioma\nAny work involving exposure to inhalation of asbestos fibres.\nNitrous fumes poisoning and its sequelae\nAny work involving contact with nitric acid or the inhalation of nitrous fumes.\nNoise induced hearing loss\nAny work involving exposure to noise.\nPathological manifestations due to—\n\t(a)\tradium and other radioactive substances;\n\t(b)\tX-rays\nAny work involving exposure to the action of radium, radioactive substances or X-rays.\nPhosphorus, poisoning or its sequelae\nAny work involving the use of phosphorus or its preparations or compounds.\nPneumoconiosis, including silicosis\nAny work involving mining, quarrying, cutting, crushing, grinding or pushing stone or melting, grinding or polishing metal.\nPrimary epitheliomatous cancer of the skin\nAny work involving processes which involve the handling or use of tar, pitch, bitumen, mineral oil, paraffin, or the compounds, products or residues of those substances.\nSeptic poisoning or its sequelae\nAny work involving the handling of meat or the manufacture of meat products or animal by-products in connection with the trade of butcher or slaughterman.\nZinc poisoning or its sequelae\nAny work involving the use of zinc or its preparations or compounds.\n","sortOrder":26},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Injuries presumed to arise from employment as a firefighter","content":"Schedule 3—Injuries presumed to arise from employment as a firefighter\n1—Substantive provisions\n\t(1)\tIf—\n\t(a)\ta worker suffers an injury of a kind referred to in the first column of the table in this Schedule; and\n\t(b)\tthe injury occurred on or after 1 July 2013; and\n\t(c)\tbefore the injury occurred, the worker was employed by SAMFS as a firefighter for the qualifying period referred to in the second column of the table opposite the injury; and\n\t(d)\tduring that period, the worker was exposed to the hazards of a fire scene (including exposure to a hazard of the fire that occurred away from the scene),\nthe worker's injury is presumed, in the absence of proof to the contrary, to have arisen from employment by SAMFS.\n\t(2)\tIf—\n\t(a)\ta worker suffers an injury of a kind referred to in the first column of the table in this Schedule; and\n\t(b)\tthe worker was a member of SACFS presumptively employed by the Crown as a firefighter—\n\t(i)\ton or after 1 July 2013; and\n\t(ii)\tbefore the injury occurred; and\n\t(iii)\tfor the qualifying period referred to in the second column of the table opposite the injury; and\n\t(c)\tthe injury occurred—\n\t(i)\ton or after 1 July 2013; and\n\t(ii)\tin the case of a worker who is no longer a member of SACFS presumptively employed by the Crown as a firefighter—no more than 10 years after the cessation of that presumptive employment; and\n\t(d)\tduring the qualifying period referred to in paragraph (b)(iii), the worker was exposed to the hazards of a fire scene (including exposure to a hazard of the fire that occurred away from the scene),\nthe worker's injury is presumed, in the absence of proof to the contrary, to have arisen from his or her presumptive employment by the Crown.\n\t(3)\tFor the purposes of subclauses (1) and (2)—\n\t(a)\ta worker is taken to have been employed as a firefighter if firefighting duties made up a substantial portion of his or her duties; and\n\t(b)\ta worker who was so employed for 2 or more periods that add up to or exceed the qualifying period is taken to have been employed for the qualifying period; and\n\t(c)\tthe qualifying period may include a period or periods that commenced or occurred before 1 July 2013.\n\nDescription of injury\nQualifying period\nPrimary site brain cancer\n5 years\nPrimary site bladder cancer\nPrimary site kidney cancer\nPrimary non‑Hodgkins lymphoma\nPrimary leukemia\n5 years\nPrimary site breast cancer\nPrimary site testicular cancer\nMultiple myeloma\nPrimary site prostate cancer\nPrimary site ureter cancer\nPrimary site colorectal cancer\nPrimary site oesophageal cancer\nPrimary site cervical cancer\nPrimary site ovarian cancer\nPrimary site uterine cancer\nMalignant mesothelioma\nPrimary site liver cancer\nPrimary site penile cancer\nPrimary site thyroid cancer\n","sortOrder":27},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Adjacent areas","content":"Schedule 4—Adjacent areas\ncontinental shelf and territorial sea have the same meanings as those terms have in the Seas and Submerged Lands Act;\nPetroleum Act means the Petroleum (Submerged Lands) Act 1967 of the Commonwealth;\nSeas and Submerged Lands Act means the Seas and Submerged Lands Act 1973 of the Commonwealth.\n\t(2)\tIf the Petroleum Act is repealed and re-enacted (with or without modifications), a reference in this Schedule to that Act, or to a provision or Schedule of that Act, will be taken to include a reference to the new Commonwealth Act, or to the corresponding provision or Schedule in the new Commonwealth Act, (as the case requires).\n2—Adjacent areas\n\t(1)\tThe adjacent area for South Australia, New South Wales, Victoria or Tasmania is so much of the area described in Schedule 2 to the Petroleum Act in relation to that State as is within the outer limits of the continental shelf and includes the space above and below that area.\n\t(2)\tThe adjacent area for Queensland is—\n\t(a)\tso much of the area described in Schedule 2 to the Petroleum Act in relation to Queensland as is within the outer limits of the continental shelf; and\n\t(b)\tthe Coral Sea area (within the meaning of subsection (7) of section 5A of the Petroleum Act) other than the territorial sea within the Coral Sea area; and\n\t(c)\tthe areas within the outer limits of the territorial sea adjacent to certain islands of Queensland as determined by proclamation on 4 February 1983 under section 7 of the Seas and Submerged Lands Act; and\n\t(d)\tthe space above and below the areas described in paragraphs (a), (b) and (c).\n\t(3)\tThe adjacent area for Western Australia is so much of the area described in Schedule 2 to the Petroleum Act in relation to Western Australia as—\n\t(a)\tis within the outer limits of the continental shelf; and\n\t(b)\tis not within Area A of the Zone of Cooperation,\nand includes the space above and below that area.\n\t(4)\tThe adjacent area for the Northern Territory is—\n\t(a)\tso much of the area described in Schedule 2 to the Petroleum Act in relation to the Northern Territory as—\n\t(i)\tis within the outer limits of the continental shelf; and\n\t(ii)\tis not within Area A of the Zone of Cooperation; and\n\t(b)\tthe adjacent area for the Territory of Ashmore and Cartier Islands (within the meaning of subsection (3) of section 5A of the Petroleum Act) other than the territorial sea within that area; and\n\t(c)\tthe space above and below the areas described in paragraphs (a) and (b).\n\t(5)\tHowever, the adjacent area for a State does not include any area inside the limits of any State or Territory.\n","sortOrder":28},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Statement of service standards","content":"Schedule 5—Statement of service standards\n","sortOrder":29},{"sectionNumber":"Part 1","sectionType":"part","heading":"Introduction","content":"Part 1—Introduction\n1—Aim of these standards\n\t(1)\tThese standards are intended to meet the reasonable expectations of workers and employers about how the Corporation should deal with them by—\n\t(a)\tsetting out principles that will be observed by the Corporation when it is dealing with a worker or an employer; and\n\t(b)\tproviding a procedure for lodging and dealing with complaints about breaches of these standards; and\n\t(c)\tproviding consequences and remedies for breaches of these standards.\n\t(2)\tThese standards recognise that when a worker or an employer deals with the Corporation, it is reasonable for the worker and the employer to expect the highest standards of service and fairness.\n2—Interpretation\nUnless the contrary intention appears, a reference in these standards to the Corporation includes—\n\t(a)\ta reference to a self‑insured employer; and\n\t(b)\ta reference to a claims agent or to a provider of services engaged by the Corporation or a self‑insured employer.\n3—Spirit of these standards\nThese standards encourage positive relationships between the Corporation, workers and employers and acknowledge that the Corporation, workers and employers need to work together in order to achieve the best outcomes for all, especially by adopting early intervention and return to work processes when a worker is injured at work.\nPart 2—The standards\n4—The standards\nThe Corporation will—\n\t(a)\tview a worker's recovery and return to work as the primary goal if a worker is injured while at work;\n\t(b)\tensure that early and timely intervention occurs to improve recovery and return to work outcomes including after retraining (if required);\n\t(c)\twith the active assistance and participation of the worker and the employer, consistent with their obligations under this Act, ensure that recovery and return to work processes focus on maintaining the relationship between the worker and the employer;\n\t(d)\tensure that a worker's employer is made aware of, and fulfils, the employer's recovery and return to work obligations because early and effective workplace-based coordination of a timely and safe return to work benefits an injured worker's recovery;\n\t(e)\ttreat a worker and an employer fairly and with integrity, respect and courtesy, and comply with stated timeframes;\n\t(f)\tbe clear about how the Corporation can assist a worker and an employer to resolve any issues by providing accurate and complete information that is consistent and easy to understand (including options about any claim, entitlements, obligations and responsibilities);\n\t(g)\tassist a worker in making a claim and, if necessary, provide a worker with information about where the worker can access advice, advocacy services and support;\n\t(h)\ttake all reasonable steps to provide services and information in a worker's or employer's preferred language and format, including through the use of interpreters if required, and to demonstrate respect and sensitivity to a person's cultural beliefs and values;\n\t(i)\trespect and maintain confidentiality and privacy in accordance with any legislative requirements;\n\t(j)\tprovide avenues for feedback or for making complaints, and to be clear about what can be expected as a response;\n\t(k)\trecognise a right of a worker or an employer to be supported by another person and to be represented by a union, advocate or lawyer.\nPart 3—Complaints about breaches of these standards\n5—Overview\n\t(1)\tA worker or an employer who has a concern about whether the Corporation has complied with any of these standards may—\n\t(a)\traise the issue or concern directly with the Corporation so that it can be dealt with in an immediate way; or\n\t(b)\tlodge a complaint with the Ombudsman (including in a case where the matter is a concern in relation to a self‑insured employer or a provider of services engaged by a self‑insured employer).\n\t(2)\tIn connection with the operation of subclause (1)—\n\t(a)\tthe preference is to attempt to resolve a matter directly with the Corporation; and\n\t(b)\tif the matter is referred to the Ombudsman, the Corporation will comply with any recommendation of the Ombudsman in order to ensure compliance with these standards; and\n\t(c)\twithout limiting subclause (3), sections 17(1) and 25 of the Ombudsman Act 1972 do not apply in relation to a matter referred to the Ombudsman.\n\t(3)\tIf a complaint is lodged with the Ombudsman under subclause (1) in relation to a self‑insured employer or a provider of services engaged by a self‑insured employer—\n\t(a)\tthe Ombudsman may, in investigating the complaint, exercise the powers of the Ombudsman under the Ombudsman Act 1972 as if carrying out an investigation under that Act, subject to such modifications as may be necessary, or as may be prescribed; and\n\t(b)\tthe self‑insured employer or provider will be taken for the purposes of the investigation to be an agency to which the Ombudsman Act 1972 applies; and\n\t(c)\tthe Ombudsman must report to the Corporation on the outcome of the investigation.\n6—Procedures for the Corporation to deal with a complaint\n\t(1)\tThe Corporation will work with a person who lodges a complaint to help him or her to address and resolve problems and concerns and to find a resolution to the matter in an effective way.\n\t(2)\tAs an important part of the steps to be taken under subclause (1), the Corporation will advise the person of—\n\t(a)\twhat steps have been taken in relation to the relevant problem or concern; and\n\t(b)\tthe procedure that can be followed to lodge a complaint with the State Ombudsman if the person is not satisfied with the resolution of the matter by the Corporation.\n\t(3)\tThe Corporation will provide a response to a complaint within 10 business days after the complaint is lodged with the Corporation.\n\t(4)\tIf a matter requires extended investigation, the person will, within 10 business days, receive an interim response and an indication of when a final response will be provided.\n7—Remedies\nIf it is found that the Corporation has breached any of these standards, the Corporation is to do 1 or more of the following:\n\t(a)\tprovide a written or oral apology;\n\t(b)\tfurnish a written explanation;\n\t(c)\tmeet with the worker or employer to consider his or her views and to achieve a resolution of the matter;\n\t(d)\tfurnish information to the worker or the employer, in an appropriate form, which outlines, where relevant—\n\t(i)\tthe status of any claim and extent of entitlements; and\n\t(ii)\tthe review rights that exist under this Act; and\n\t(iii)\tthe services that are available and the timeframes that should apply in relation to a dispute;\n\t(e)\tprovide a worker with a copy of his or her file in accordance with section 180 of this Act or under the Freedom of Information Act 1991;\n\t(f)\tinvite feedback about any response and ensure that any questions are answered or requests are responded to in an appropriate manner;\n\t(g)\ttake any other reasonable steps to remedy the matter.\nPart 4—Wider issues\n8—Wider issues\nThe Corporation will consider and address the wider implications associated with the operation and effectiveness of these standards and any complaints that arise under them by—\n\t(a)\tmonitoring and analysing issues that arise from the complaints processes; and\n\t(b)\tidentifying and addressing concerns with operational policies and processes; and\n\t(c)\tinforming workers and employers about steps that have been taken under these standards to address their concerns and by taking steps to prevent the recurrence of breaches and complaints.\n","sortOrder":30},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Age factor","content":"Schedule 6—Age factor\n\nWorker's age at the relevant date (in years)\nPercentage to be applied\n25 or less\n100%\n99%\n98%\n97%\n96%\n95%\n94%\n93%\n92%\n91%\n90%\n89%\n88%\n87%\n86%\n85%\n84%\n83%\n82%\n81%\n80%\n78%\n76%\n74%\n72%\n70%\n68%\n66%\n64%\n62%\n60%\n56%\n52%\n48%\n44%\n40%\n36%\n32%\n28%\n24%\n20%\n16%\n12%\n8%\n4%\n70 or more\n0%\n","sortOrder":31},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"Prescribed sum—economic loss","content":"Schedule 7—Prescribed sum—economic loss\n\nDegree of whole person impairment\nPrescribed sum\n5%\n$5 000 (indexed)\n6%\n$7 785 (indexed)\n7%\n$12 027 (indexed)\n8%\n$20 296 (indexed)\n9%\n$30 067 (indexed)\n10%\n$41 342 (indexed)\n11%\n$48 437 (indexed)\n12%\n$56 105 (indexed)\n13%\n$63 572 (indexed)\n14%\n$73 512 (indexed)\n15%\n$86 453 (indexed)\n16%\n$95 574 (indexed)\n17%\n$106 178 (indexed)\n18%\n$120 643 (indexed)\n19%\n$135 731 (indexed)\n20%\n$153 296 (indexed)\n21%\n$168 781 (indexed)\n22%\n$186 285 (indexed)\n23%\n$204 170 (indexed)\n24%\n$222 389 (indexed)\n25%\n$242 659 (indexed)\n26%\n$263 215 (indexed)\n27%\n$290 602 (indexed)\n28%\n$318 645 (indexed)\n29%\n$350 000 (indexed)\n30%\n$371 723 (indexed)\n31%\n$386 592 (indexed)\n32%\n$402 056 (indexed)\n33%\n$418 138 (indexed)\n34% or more\n$434 863 (indexed)\n","sortOrder":32},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":"Minimum amounts of compensation according to degree of impairment under regulations","content":"Schedule 8—Minimum amounts of compensation according to degree of impairment under regulations\n\nDegree of whole person impairment\nMinimum compensation payable under regulations\n5% - 9% (inclusive)\n$11 800 (indexed)\n10% - 29% (inclusive)\n$20 768 (indexed)\n30% - 49% (inclusive)\n$117 668 (indexed)\n50% - 100% (inclusive)\n$472 000 (indexed)\n","sortOrder":33},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":"Repeal and transitional provisions","content":"Schedule 9—Repeal and transitional provisions\n1—Amendment provisions\nIn this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.\nPart 2—Repeal\n2—Repeal\nThe Workers Rehabilitation and Compensation Act 1986 is repealed.\nPart 10—Transitional provisions\n27—Interpretation\n\t(1)\tIn this Part—\ndesignated day means a day appointed by proclamation as the designated day for the purposes of the provision in which the term is used;\nexisting injury—see clause 29(1)(a);\nnew injury—see clause 29(1)(b);\nSAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014;\nWCT means the Workers Compensation Tribunal under the repealed Act.\n\t(2)\tA reference in this Part to the Corporation in a clause prescribed by regulations made for the purposes of this subclause will be taken to include a reference to a self‑insured employer.\nDivision 2—CPI adjustment\n28—CPI adjustment\n\t(1)\tIf a sum of money fixed by this Act at the time of enactment is followed by the word \"(indexed)\", that signifies—\n\t(a)\tthat the amount is to be adjusted as at 1 January 2015 so that the adjusted sum bears to the amount fixed by Parliament the same proportion as the Consumer Price Index for the September quarter 2014 bears to the Consumer Price Index for the September quarter 2013; and\n\t(b)\tthat the amount is to be adjusted as at 1 January in each subsequent year so that the adjusted sum bears to the amount fixed by the Parliament the same proportion as the Consumer Price Index for the September quarter of the immediately preceding financial year bears to the Consumer Price Index for the September quarter 2013.\n\t(2)\tAn amount determined under subclause (1) will be rounded up to the nearest dollar.\n\t(3)\tSubclauses (1) and (2) apply to a sum fixed by a provision that has not come into operation on 1 January 2015 so that when the provision comes into operation then the sum as adjusted will apply.\nDivision 3—Application of Act\n29—General provision\n\t(1)\tSubject to the other provisions of this Part, this Act applies to and in relation to—\n\t(a)\tan injury that is attributable to a trauma that occurred before the designated day and that is a compensable injury under the repealed Act (an existing injury); and\n\t(b)\tan injury that is attributable to a trauma that occurred on or after the designated day (a new injury).\n\t(2)\tFor the purposes of subclause (1), an injury that is partially attributable to a trauma that occurred before the designated day and partially attributable to a trauma that occurred on or after the designated day will be taken to be a new injury within the ambit of subclause (1)(b).\n\t(3)\tSubject to the other provisions of this Part—\n\t(a)\ta reference in this Act to a work injury will be taken to include a reference to a compensable injury under the repealed Act; and\n\t(b)\tthis Act will apply to a compensable injury under the repealed Act as if this Act had been in operation before the injury occurred.\n\t(4)\tNothing in this Part is intended to give rise to an entitlement under this Act and the repealed Act so as to give rise to double entitlements.\n30—Connection with employment\n\t(1)\tThe question about whether an existing injury is compensable will be determined under sections 30 and 30A of the repealed Act (as in existence immediately before the designated day).\n\t(2)\tHowever, section 7(3) of this Act extends to an injury (the designated injury) that is, or results from, the aggravation, acceleration, exacerbation, deterioration or recurrence of a prior injury where—\n\t(a)\tthe prior injury is wholly or partially attributable to a trauma that occurred before the designated day; and\n\t(b)\tthe designated injury is wholly or partially attributable to a trauma that occurred on or after the designated day.\n31—Notice of injury\nA notice of an injury given by a worker under section 51 of the repealed Act will be taken to be a notice given under section 16 of this Act.\n32—Employer's duty to provide work\nSection 18(3) of this Act extends to a worker who has been incapacitated for work before the designated day.\n33—Recovery and return to work\n\t(1)\tA rehabilitation program in force under the repealed Act immediately before the designated day will continue for the purposes of this Act in connection with providing recovery/return to work services until reviewed or discontinued by the Corporation.\n\t(2)\tA rehabilitation and return to work plan in force under the repealed Act immediately before the designated day will, on the designated day, be taken to be a recovery/return to work plan under this Act.\n\t(3)\tA person who, immediately before the designated day, held an appointment as a co‑ordinator under section 28D of the repealed Act will, on the designated day, be taken to be an accredited return to work co‑ordinator under section 26 of this Act.\n\t(4)\tA reference in any instrument or agreement to a rehabilitation and return to work co‑ordinator will, on the designated day, be taken to be a reference to a return to work co‑ordinator under section 26 of this Act (unless the context otherwise requires).\n34—Seriously injured workers\n\t(1)\tA person whose degree of whole person impairment has been assessed under Part 4 Division 5 of the repealed Act to be 30% or more will be taken to be a seriously injured worker under this Act.\n\t(2)\tIn addition, the Corporation may determine that a worker who has an existing injury will be taken to be a seriously injured worker for the purposes of this Act.\n\t(3)\tA determination under subclause (2)—\n\t(a)\tmay be made on any basis determined by the Corporation (including in a case where the worker would not qualify to be a seriously injured worker under section 21 of this Act); and\n\t(b)\twill have effect according to its terms.\n\t(4)\tA decision to make, or not to make, a determination under subclause (2) is not reviewable under this Act.\n35—Medical expenses\n\t(1)\tIn relation to the application of subsection (20) of section 33 of this Act to an existing injury, a period of 12 months referred to in that subsection must be a period of 12 months—\n\t(a)\tthat runs from the designated day; or\n\t(b)\tthat commences on or after the designated day,\n(and so, in the case of an existing injury, a reference in subsection (21) of section 33 of this Act to the period referred to in subsection (20) will be taken to be a reference to a period applying under paragraph (a) or (b) of this clause).\n\t(2)\tSection 33(21)(b)(ii) of this Act does not apply in relation to an existing injury.\n36—Provisional liability for medical expenses\nA right of set off under section 32A(8) of the repealed Act may be exercised in relation to a right to the payment of compensation under this Act (including in relation to a new injury).\n37—Weekly payments for workers\n\t(1)\tIn this clause—\n\t(a)\tthe first transitional period is the period of 52 weeks from the designated day; and\n\t(b)\tthe second transitional period is the period of 52 weeks beginning immediately after the end of the initial transitional period; and\n\t(c)\ta reference to an entitlement period is a reference to an entitlement period under Part 4 Division 4 of the repealed Act; and\n\t(d)\ta Category A worker is, in respect of an existing injury, a worker who, immediately before the designated day, was still entitled to receive a weekly payment during the first entitlement period in respect of any incapacity for work in respect of that injury; and\n\t(e)\ta Category B worker is, in respect of an existing injury, a worker who, immediately before the designated day, was still entitled to receive a weekly payment during the second entitlement period in respect of any incapacity for work in respect of that injury; and\n\t(f)\ta Category C worker is, in respect of an existing injury, a worker who, immediately before the designated day, was still entitled to receive a weekly payment during a period occurring after the end of the second entitlement period in respect of any incapacity for work in respect of that injury.\n\t(2)\tSubject to this Part, a worker who, in respect of an existing injury, is incapacitated for work at any time during the period beginning on the designated day and ending 104 weeks from the designated day, will be entitled to weekly payments in respect of that incapacity in accordance with the following principles:\n\t(a)\tif any incapacity for work occurs within the first transitional period—\n\t(i)\tin the case of a Category A worker—the worker is entitled to weekly payments under section 39(1)(a)(i) or (ii) of this Act as if references to the first designated period in section 39(1)(a) were references to the first transitional period; and\n\t(ii)\tin the case of a Category B worker—the worker is entitled to weekly payments under section 39(1)(b)(i) or (ii) as if references to the second designated period in section 39(1)(b) were references to the first transitional period and as if references to \"80%\" in section 39(1)(b)(i) or (ii) were substituted with \"90%\"; and\n\t(iii)\tin the case of a Category C worker—the worker is entitled to weekly payments under section 39(1)(b)(i) or (ii) of this Act as if references to the second designated period in section 39(1)(b) were references to the first transitional period;\n\t(b)\tif any incapacity for work occurs within the second transitional period—the worker is entitled to weekly payments under section 39(1)(b)(i) or (ii) of this Act as if references to the second designated period in section 39(1)(b) were references to the second transitional period.\n\t(3)\tSubject to subclauses (4) and (5), a worker has no entitlement to weekly payments under this Act or the repealed Act in respect of an existing injury after the end of the second transitional period (and this subclause will apply instead of section 39(3) of this Act in relation to existing injuries).\n\t(4)\tAn entitlement under this clause has effect subject to any other provision of this Act (including any provision that applies under or subject to this Part) that provides for the suspension, reduction or discontinuance of weekly payments.\n\t(5)\tSubclause (3) does not apply in relation to a seriously injured worker.\n\t(6)\tTo avoid doubt, a person who, before the designated day, has ceased to have an entitlement to weekly payments on account of a discontinuance under section 36 of the repealed Act is not entitled to weekly payments under this clause (or under the repealed Act).\n38—Federal minimum wage safety net\nSection 42 of this Act extends to the amount of compensation payable under Part 4 Division 4 Subdivision 2 of this Act on account of the operation of this Part.\n39—Management of transitional arrangements for income support\n\t(1)\tThe Corporation may, in connection with the operation of clauses 37 and 38 (and the other relevant provisions of this Part), establish a scheme to provide for the transition from making weekly payments under the repealed Act to making weekly payments in accordance with those clauses and this Act more generally.\n\t(2)\tTo the extent that the Corporation, in establishing and implementing the scheme referred to in subclause (1), does not begin to make weekly payments to a worker at the rates that apply under this Act rather than the repealed Act on the designated day, the worker will, when weekly payments commence in accordance with the provisions of this Part, be entitled to—\n\t(a)\tback payments to the extent necessary to ensure that the worker receives (in due course) his or her full entitlement (as applying from the designated day); and\n\t(b)\tthe payment of interest (at the prescribed rate) calculated and applied (from the designated day) in accordance with the regulations.\n40—Retirement age\nTo avoid doubt, section 44 of this Act extends to weekly payments being paid to a worker under this Part.\n41—Discontinuance of weekly payments\n\t(1)\tSubsection (9) of section 48 of this Act extends to and in relation to a notice of a decision of the Corporation under section 36 of the repealed Act unless the worker has lodged a notice of dispute under section 36 of the repealed Act before the designated day (but subject to the operation of subclause (2)(b)).\n\t(2)\tIf a worker has lodged a notice of dispute under section 36 of the repealed Act before the designated day—\n\t(a)\tif the worker has made an application to the WorkCover Ombudsman under subsection (15) of section 36 of the repealed Act and the WorkCover Ombudsman has made a decision in relation to the application before the designated day—subsections (15), (16) and (17) of section 36 of the repealed Act, and all other relevant provisions of the repealed Act, will continue to apply to and in relation to the matter until the dispute is finally resolved as if the repealed Act had not been repealed by this Act; and\n\t(b)\tin any other case—any application to the WorkCover Ombudsman under subsection (15) of section 36 of the repealed Act (if made) will lapse, but the worker may make an election under subsection (9) of section 48 of this Act.\n\t(3)\tIn the case of a worker within the ambit of subclause (2)(b)—\n\t(a)\tthe election must be made within 28 days after the designated day; and\n\t(b)\tif the worker makes an election—\n\t(i)\tif the dispute has already come before a conciliator—the Tribunal may act (if it thinks fit) under subsection (9)(b) of section 48 of this Act so as to provide for the reinstatement of weekly payments; and\n\t(ii)\tthe liability of the Corporation to make a payment for any weekly payments that have not been made will be limited to a period commencing on the date of the election.\n\t(4)\tSubclause (3) operates subject to section 48(10) of this Act.\n42—Redemptions\n\t(1)\tNothing in this Part affects the application of section 42 of the repealed Act with respect to negotiations, and any agreement, for a redemption under the repealed Act commenced or entered into in accordance with that section before the designated day.\n\t(2)\tExcept as provided by subclause (1) (and to avoid doubt), section 42 of the repealed Act will not apply to or in relation to a liability under the repealed Act with respect to an existing injury.\n43—Loss of future earning capacity\nTo avoid doubt, Part 4 Division 6 of this Act does not apply to or in relation to an existing injury.\n44—Permanent impairment assessment\nA person whose entitlement for non-economic loss has been determined under Part 4 Division 5 of the repealed Act in respect of an existing injury is not entitled to an assessment under Part 2 Division 5 of this Act in relation to the same injury (or any other injury arising from the same trauma).\n45—Payments on death—lump sums\n\t(1)\tThe Corporation may, in relation to the death of a worker occurring on or after 1 July 2008 and before the designated day, in its absolute discretion, on the application of a person who was the spouse or domestic partner of the worker at the time of death, make an ex gratia payment (of an amount determined by the Corporation) after taking into account the amount (or additional amount) that would have been payable under section 61 of this Act had this Act been in operation before that trauma.\n\t(2)\tThe Corporation may make a payment under subclause (1) even if an amount has been paid under section 45A of the repealed Act in relation to the death of the worker (including an amount equal to the prescribed sum under that section).\n\t(3)\tThe Corporation may, in relation to the death of a worker that is subject to a claim for compensation under section 45A of the repealed Act that has not been determined before the designated day (including by the resolution of any dispute by proceedings under the repealed Act), deal with the claim in all respects under section 61 of this Act.\n\t(4)\tA decision of the Corporation not to make a payment under subclause (1) (or the amount of any such payment) is not reviewable under this Act (or under the repealed Act).\n46—Incidence of liability\nSection 64(3) and (4) of this Act extends to outstanding payments of compensation under the repealed Act.\n47—Payments by employers\n\t(1)\tThe Corporation may, if it thinks fit, on the application of an employer who has paid compensation by way of income maintenance under the repealed Act, being compensation that would otherwise have been payable by the Corporation, make a payment that would have been payable under subsection (17) of section 64 of this Act had subsections (16) and (17) of that section been in operation at the time of the payment by the employer.\n\t(2)\tAn application under subclause (1) must be made within 3 months after the designated day.\n48—Provisional payments\nA right of set off under section 50H of the repealed Act may be exercised in relation to a right to the payment of compensation under this Act (including in relation to a new injury).\nDivision 4—Common law\n49—Common law\nPart 5 of this Act does not apply to or in relation to an existing injury or the death of a worker resulting from an existing injury (and section 54(1) of the repealed Act will continue to apply in respect of such an injury or death).\nDivision 5—Dispute resolution\n50—Existing proceedings etc\n\t(1)\tSubject to this Part, an application or other proceedings commenced before WCT under the repealed Act before the designated day may be continued and completed (and any appeals initiated or completed) under the repealed Act (and, if relevant, after applying any provision of this Part that is relevant to the proceedings).\n\t(2)\tA right to make an application or to bring proceedings before WCT under the repealed Act in existence before the designated day and not exercised before that day will be exercised as if Part 6 of this Act were in operation before that right arose so that the relevant proceedings will be commenced before SAET rather than WCT.\n\t(3)\tWithout limiting any other provision—\n\t(a)\tthe regulations may make provision for or with respect to the interaction between this Part and the repealed Act in order to ensure that SAET and WCT can operate under both sets of provisions (including, if necessary, by modifying any provision of the repealed Act or section 7 of this Act so that SAET can exercise the jurisdiction conferred by subclause (2)); and\n\t(b)\tthe President of SAET may take other steps to ensure the smoothest possible transition from 1 jurisdiction to the other in connection with the operation of this clause (including by giving directions as to any procedural matter which will then have effect according to their terms).\n51—Adoption of WCT decisions\nSAET may—\n\t(a)\tdraw any conclusions of fact from evidence that has been before WCT; or\n\t(b)\tadopt any findings or determinations of WCT; or\n\t(c)\tadopt any decision, direction or order of WCT; or\n\t(d)\tset aside any decision, direction or order of WCT,\nthat may be relevant to proceedings before SAET.\n52—Dissolution of WCT\n\t(1)\tThe Governor may, when he or she thinks that it is appropriate to do so, by proclamation, dissolve WCT.\n\t(2)\tWhen a proclamation is made under subclause (1)—\n\t(a)\tsubject to subclause (3), any member of WCT (being either a presidential member or a conciliation officer) holding office under the repealed Act at the time of the making of the proclamation will cease to hold that office and any contract, agreement or arrangement relating to that office held by the member is terminated by force of this paragraph at the same time (and no right of action will arise against the Minister or the State on account of that termination); and\n\t(b)\tany proceedings before the WCT will be dealt with in accordance with provisions made by the regulations.\n\t(3)\tA member of WCT who is a Judge of the Industrial Relations Court of South Australia will continue as a member of SAET under the provisions of the South Australian Employment Tribunal Act 2014.\nDivision 6—Registration and funding\n53—Continuation of registration\n\t(1)\tAn employer registered under the repealed Act immediately before the designated day will be taken to be registered under this Act (and, in the case of a self‑insured employer under the repealed Act the employer will continue as a self‑insured employer under this Act).\n\t(2)\tA registration under this Act under subclause (1) is subject to any conditions specified by this Act and is subject to the other provisions of this Act in all respects.\n54—Premiums and payments\n\t(1)\tSection 137 of this Act does not apply in relation to the 2015/2016 or 2016/2017 financial years.\n\t(2)\tA RTWSA premium order under this Act may take into account the claims experience of any employer under the repealed Act.\n\t(3)\tA hindsight premium under the repealed Act is payable as if the relevant period applied under this Act (and will be payable by a date specified by the Corporation).\n\t(4)\tUnless otherwise determined by the Corporation, a group constituted under section 72A of the repealed Act will continue as a group under section 145 of this Act.\n\t(5)\tIn acting under section 147 of this Act, the Corporation may have regard to matters that arose during the time that the repealed Act was in operation.\n\t(6)\tAny right of recovery, fine, penalty or other step that may be exercised, imposed, taken or enforced under Part 5 of the repealed Act in relation to any assessment, default or failure may, on and from the designated day, be exercised, imposed, taken or enforced under Part 9 of this Act.\n\t(7)\tWithout limiting subclause (6), the Corporation may exercise any power or do any thing in relation to a matter under Part 5 of the repealed Act as if this Act had been in operation at the time that the matter under Part 5 of the repealed Act arose.\n55—Scheme reviews\n\t(1)\tA reference in Part 10 of this Act to a financial year is a reference to a financial year commencing on or after the designated day.\n\t(2)\tIn addition, the Minister cannot initiate a review under section 170 of this Act until after the expiration of 3 financial years from the designated day.\nDivision 7—Medical Panels\n56—Medical Panels\n\t(1)\tIf a Medical Panel is, immediately before the designated day, still considering a medical question on a reference under Part 6C of the repealed Act—\n\t(a)\tthe Medical Panel must give its opinion as quickly as is reasonably practicable after the designated day; and\n\t(b)\tin any event the reference will, subject to subclause (2), be brought to an end, by operation of this clause, 60 days after the designated day (even if the Medical Panel has not given its opinion on the relevant medical question by then and even if a longer period would otherwise apply due to an extension of time under section 98H(1) of the repealed Act).\n\t(2)\tWCT may grant an extension of the period that applies under subclause (1)(b).\n\t(3)\tWCT may grant an extension of time under subclause (2) on such conditions as it thinks fit.\n\t(4)\tThe costs of Medical Panels will be payable out of the Compensation Fund until the Medical Panels cease operations in all respects.\nDivision 8—WorkCover Ombudsman\n57—WorkCover Ombudsman\nThe person holding office as the WorkCover Ombudsman immediately before the designated day will, on the designated day, cease to hold office and any contract, agreement or arrangement relating to the office is terminated by force of this clause at the same time (and no right of action will arise against the Minister or the State on account of that termination).\nDivision 9—1971/1986 Acts\n58—Interpretation\nappointed day means the day on which the 1971 Act was repealed by the Workers Rehabilitation and Compensation Act 1986;\ncompensating authority means the Corporation or a self‑insured employer;\n","sortOrder":34},{"sectionNumber":"1971","sectionType":"section","heading":"Act means the Workers Compensation Act 1971.","content":"1971 Act means the Workers Compensation Act 1971.\n59—Application of 1971 Act\n\t(1)\tSubject to this clause, the 1971 Act continues to apply in respect of an injury that is attributable to a trauma that occurred before the appointed day.\n\t(2)\tThis Act applies in relation to an injury (referred to in this clause as a transitional injury) that is partially attributable to a trauma that occurred before the appointed day and partially attributable to a trauma that occurred on or after the appointed day, but does not affect rights (referred to in this clause as antecedent rights) that had accrued before the appointed day in respect of a transitional injury.\n\t(3)\tThe following provisions apply in relation to a transitional injury:\n\t(a)\twhere a compensating authority pays or is liable to pay compensation to a claimant under this Act in relation to a transitional injury, the compensating authority is subrogated, to an appropriate extent, to the antecedent rights of the claimant;\n\t(b)\twhere the claimant has received, in pursuance of antecedent rights, damages or compensation (not being weekly payments for a period of incapacity that concluded before the appointed day), there will be an appropriate reduction in the amount of compensation payable under this Act in respect of the injury;\n\t(c)\tthe extent of a subrogation under paragraph (a), or a reduction in the amount of compensation under paragraph (b), will be determined having regard to—\n\t(i)\tthe amount of the compensation payable (apart from this subclause) under this Act in respect of the transitional injury; and\n\t(ii)\tthe extent to which the transitional injury is attributable to a trauma that occurred before the appointed day; and\n\t(iii)\tany other relevant factors.\n\t(4)\tWhere a compensating authority—\n\t(a)\tpays compensation to a claimant under this Act; and\n\t(b)\tbecomes entitled to recover a proportion of the payment from an employer by virtue of subrogation to the rights of the claimant under subclause (3)(a); and\n\t(c)\tnotifies that employer in writing of the payment,\nthe amount recoverable from the employer will be increased by interest at the prescribed rate as from the date of the notification.\n\t(5)\tThe Corporation will, in the first instance, make a determination of—\n\t(a)\tthe extent of a subrogation under subclause (3)(a) or a reduction in the amount of compensation under subclause (3)(b); and\n\t(b)\tthe amount of any consequential liability.\n\t(6)\tBefore making such a determination the Corporation must allow any person whose interests may be affected by the determination a reasonable opportunity to make representations to the Corporation on the subject matter of the determination and when the determination is made the Corporation must give written notification of the terms of the determination to every person whose interests are affected by it.\n\t(7)\tAny such person may, by written notice served personally or by post on the Corporation within 1 month after receiving notice of the determination or such longer period as the Corporation may allow, dispute the determination.\n\t(8)\tAny such dispute may be referred on the application of any party affected by the determination to SAET.\n\t(9)\tWhere a dispute is so referred, SAET will review the Corporation's determination and may confirm, vary or revoke it.\n\t(10)\tSubject to the regulations, a determination by the Corporation under this clause may be enforced in the same way as a decision of SAET.\n\t(11)\tA determination by the Corporation may be enforced notwithstanding that it is disputed, but if it appears from the result of a review that a compensating authority has recovered an amount in pursuance of the determination to which the compensating authority is not entitled, that amount must be repaid together with interest at the prescribed rate.\n60—Mining and Quarrying Industries Fund\n\t(1)\tThe scheme established under Part 9 of the 1971 Act continues in existence for the settlement of claims and other matters arising in relation to death or disablement from silicosis suffered before the appointed day except that the Corporation will be liable to satisfy any claim made under the scheme.\n\t(2)\tThe money held by the Corporation in connection with the operation of subclause (1) must be held in a special account entitled the Mining and Quarrying Industries Fund.\n\t(3)\tThe Mining and Quarrying Industries Fund is to be notionally divided into 2 parts (Part A and Part B), 1 part (Part A) to be available to the Corporation to satisfy its liabilities under subclause (1) and the balance (Part B) to be available to the Mining and Quarrying Occupational Health and Safety Committee under Schedule 2 of the Work Health and Safety Act 2012 for the purposes referred to in that Schedule.\n\t(4)\tFor the purposes of the division of the Mining and Quarrying Industries Fund into 2 parts—\n\t(a)\tthe Corporation must at 3 yearly intervals arrange for an actuary to estimate the extent of the Corporation's existing and prospective liabilities under subclause (1) at that date; and\n\t(b)\t—\n\t(i)\tif it appears from any such estimate that the amount standing to the credit of Part A exceeds the amount required to satisfy the Corporation's liabilities under subclause (1), the amount of the excess must be transferred from Part A to Part B;\n\t(ii)\tif it appears from any such estimate that the amount standing to the credit of Part A is less than the amount required to satisfy the Corporation's liabilities under subclause (1), the amount required to make up the deficiency must be transferred from Part B to Part A.\n\t(5)\tThe Corporation must keep separate accounting records for Parts A and B.\n\t(6)\tMoney standing to the credit of the Mining and Quarrying Industries Fund (and not immediately required for the purposes of the fund) may be invested as if it were part of the Compensation Fund.\n\t(7)\tIncome and accretions produced by the investment of the money must be shared between Parts A and B (the amount of the shares being determined according to the extent to which money held on each account has contributed to the amount invested).\n\t(8)\tThe Corporation may debit the Mining and Quarrying Industries Fund with the reasonable costs of administering the fund.\n61—Statutory Reserve Fund\n\t(1)\tThe Statutory Reserve Fund (referred to in section 118c of the 1971 Act) must continue to be held as a separate part of the Compensation Fund.\n\t(2)\tDivision 4 of Part 10A (ie sections 118d to 118e) of the 1971 Act, and related interpretative provisions, continue in force subject to the following modifications:\n\t(a)\treferences to the Commission are to be read as references to the Corporation;\n\t(b)\treferences to the fund are to be read as references to the Statutory Reserve Fund held under subclause (1);\n\t(c)\treferences to the Treasurer are to be read as references to the Corporation;\n\t(d)\treferences to the Court are to be read as references to SAET;\n\t(e)\tsection 118d(10) is modified to read as follows:\n\t(10)\tOn an appeal under this section, SAET has power to review all aspects of the Corporation's determination.;\n\t(f)\tafter section 118d(12) subsections are inserted in the following terms:\n\t(13)\tAny amounts recovered by the Corporation in the exercise of rights to which it is subrogated under subsection (12) must be paid into the fund.\n\t(14)\tA claim made under this section before the date of transition that had not been disposed of at the date of transition (a pre‑transition claim), is taken to have been made against the Corporation as if this section had been in force in its modified form when the claim was made and it was then made against the Corporation.\n\t(15)\tIt follows that the Corporation assumes responsibility for administering pre-transition claims and is substituted for the Commission or the Treasurer (as the case requires) in any legal proceedings relating to such claims.\n\t(16)\tAny rights of subrogation that existed in favour of the Treasurer immediately before the date of transition are transferred to the Corporation.\n\t(17)\tThe Corporation may recoup administrative expenses and legal costs related to claims under this section from the fund.\n\t(18)\tThe Corporation may intervene and be heard in proceedings before a court if there is a prospect that a claim before the court, or a judgment of the court, may lead to a claim under this section.\n\t(19)\tIn this section—\ndate of transition means the date on which the Workers Rehabilitation and Compensation (SGIC) Amendment Act 1996 came into operation.\n62—Insurance Assistance Fund\n\t(1)\tThe Insurance Assistance Fund must continue to be held as a separate part of the Compensation Fund.\n\t(2)\tThe Governor may, by proclamation, transfer rights and liabilities of the insurer under a section 118g policy from the Motor Accident Commission to the Corporation.\n\t(3)\tThe Motor Accident Commission may delegate to the Corporation its responsibility for administering claims under section 118g policies.\n\t(4)\tThe Corporation may, by an authorised contract or arrangement—\n\t(a)\tdelegate its responsibility for administering claims under section 118g policies in relation to which the rights and liabilities of the insurer have been transferred to the Corporation under subclause (2); or\n\t(b)\tsubdelegate a responsibility for administering claims under section 118g policies delegated to it under subclause (3).\n\t(5)\tThe Motor Accident Commission or the Corporation (as the case requires) may recoup expenditure covering liabilities under section 118g policies and associated administrative and legal costs (other than expenditure and costs covered by a contract of reinsurance) from the Insurance Assistance Fund and, if that proves insufficient, from the Statutory Reserve Fund.\n\t(6)\tIn this clause—\nauthorised contract or arrangement means a contract or arrangement authorised by regulation under section 14 of the WorkCover Corporation Act 1994;\nsection 118g policy means a policy of insurance issued under section 118g(3) of the 1971 Act.\n63—Management of funds\n\t(1)\tThe Statutory Reserve Fund and the Insurance Assistance Fund may be invested in common with the Compensation Fund as if they formed part of the Compensation Fund.\n\t(2)\tFor the purposes of financial reporting and actuarial valuations, the Statutory Reserve Fund and the Insurance Assistance Fund will be taken to form part of the Compensation Fund.\n\t(3)\tIf the Corporation is of the opinion that the balance of the Statutory Reserve Fund or the Insurance Assistance Fund exceeds the amount reasonably required for the purposes for which the relevant fund exists, the Corporation may, with the Minister's consent, transfer the surplus to the Compensation Fund.\n64—Entitlement to documents\nThe Corporation is entitled to possession of all documents and other materials in the possession or power of the Motor Accident Commission relevant to claims against the Statutory Reserve Fund or to liabilities under policies of insurance transferred to the Corporation in connection with the scheme continued under this Schedule.\n65—Loss of earning capacity—capital loss assessments\n\t(1)\tDivision 4B of Part 4 of the repealed Act, as in existence immediately before the designated day, will be taken to continue to apply with respect to any case where the Corporation or a self‑insured employer has made any assessment (including an interim assessment) under section 42A of the repealed Act before the designated day.\n\t(2)\tIf a worker to whom subclause (1) applies has not, immediately before the commencement of this clause, received a final assessment of loss under the Division of the repealed Act referred to in subclause (1), any further assessment under that Division will be made on the basis that the worker is taken to be a seriously injured worker for the purposes of the assessment.\nDivision 10—Work health and safety administration costs\n66—Work health and safety administration costs\n\t(1)\tIn this clause—\nWHS Act means the Work Health and Safety Act 2012.\n\t(2)\tThe prescribed percentage of the prescribed amount under Schedule 5, clause 2(7) and (8) of the WHS Act (as amended by this Act) for the 2015/2016 financial year must be at least equal to the total of the prescribed percentage of the prescribed amount under Schedule 5, clause 2(7) and (8) of the WHS Act for the 2014/2015 financial year and the amount payable under Schedule 5, clause 3 of the WHS Act for the 2014/2015 financial year (and if a regulation is not made under Schedule 5, clause 2(7) or (8) of the WHS Act (as amended by this Act) for the 2015/2016 financial year then the total amount described in this subclause will apply under that clause).\n","sortOrder":35},{"sectionNumber":"Div 11","sectionType":"division","heading":"Renewal of authorised contracts","content":"Division 11—Renewal of authorised contracts\n67—Renewal of authorised contracts\nSection 14(4a)(a) of the WorkCover Corporation Act 1994 does not apply to a regulation under section 14(4)(d) of that Act that is expressed to come into operation on 1 July 2015.\n","sortOrder":36},{"sectionNumber":"Div 12","sectionType":"division","heading":"Review of provisions relating to firefighters","content":"Division 12—Review of provisions relating to firefighters\n68—Review\n\t(1)\tIn addition to causing a review of this Act to be conducted as required under section 203, the Minister must, as soon as possible after 1 July 2018, appoint a person to carry out a review concerning the operation and impact of—\n\t(a)\tthe amendments to the Workers Rehabilitation and Compensation Act 1986 made by the Workers Rehabilitation and Compensation (Firefighters) Amendment Act 2013 and Part 8 of this Schedule; and\n\t(b)\tSchedule 3 of this Act.\n\t(2)\tThe person appointed by the Minister under subclause (1) must present to the Minister a report on the outcome of the review no later than 4 months following his or her appointment.\n\t(3)\tThe Minister must, within 6 sitting days after receiving the report, have copies of the report laid before both Houses of Parliament.\n","sortOrder":37},{"sectionNumber":"Div 13","sectionType":"division","heading":"Regulations","content":"Division 13—Regulations\n69—Additional transitional provisions—regulations\n\t(1)\tThe Governor may, by regulation, make provisions, or additional provisions, of a saving or transitional nature consequent on the amendment of this Act by another Act.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulations so provide, take effect from the commencement of the amendment or from a later day.\n\t(3)\tTo the extent that a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a worker by decreasing a right that existed immediately before that date of publication in the Gazette.\nLegislative history\nNotes\n\t•\tThis version is comprised of the following:\nSchedule 1\nSchedule 2\nSchedule 3\nSchedule 4\nSchedule 5\nSchedule 6\nSchedule 7\nSchedule 8\nSchedule 9\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Return to Work Act 2014 repealed the following:\nWorkers Rehabilitation and Compensation Act 1986\nLegislation amended by principal Act\nThe Return to Work Act 2014 amended the following:\nCivil Liability Act 1936\nJudicial Administration (Auxiliary Appointments and Powers) Act 1988\nMotor Vehicle Accidents (Lifetime Support Scheme) Act 2013\nSupreme Court Act 1935\nWorkCover Corporation Act 1994\nWorkers Rehabilitation and Compensation Act 1986\nWork Health and Safety Act 2012\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Return to Work Act 2014 \n6.11.2014\nSch 9 (Pt 8)—1.7.2013: s 2(2); ss 1—3, 4(1)—(7), (14)—(16), 6, 22(16)—(18), 118—120, 126, 127, 135(1), 135(3)(d), (f), (g), Pt 11 (ss 171—174), ss 185, 194, 195, 196(1)(d), (2), (3), 202 & Sch 9 (cl 69)—4.12.2014 (Gazette 4.12.2014 p6610); Sch 9 (cl 28)—1.1.2015: s 2(3); ss 10—12, 16(8), 22(3)—(5), 24(5), 26(5)(c), 28(1), (2), 30(1)(a), (c), 33(2)(i), (8), (12)(a), (13)—(15), 45(2), (3), (8), 46(2), (4), (8), 47(2), (3)(a)(ii), (4), 51(2), 63(3), 64(16), (17)(a), 129(5)(d), 131(1)(a), 132, 136, 138, 139(1), 140—143, 145, 146, 147(5), Pt 9 Div 7, ss 165(1), (2), (7) & Sch 9 (cll 8—11, 21, 24, 26(1), (5), 27(2), 34(2)—(4), 54(2), (4), 66 & 67)—2.2.2015; remainder of Act—1.7.2015 (Gazette 4.12.2014 p6610)\n Training and Skills Development (Miscellaneous) Amendment Act 2020\n19.11.2020\nSch 1 (cl 8)—1.7.2021 (Gazette 24.6.2021 p2260)\n Return to Work (Scheme Sustainability) Amendment Act 2022\n14.7.2022\n1.8.2022 (Gazette 28.7.2022 p2374) except ss 3 to 5, 8 to 10, 11(1), (2) & (5), 12, 14 to 16, 18 & 19, Sch 1 (cl 1(1) definitions of Category 1 seriously injured worker, Category 2 seriously injured worker, designated worker, interim seriously injured worker and relevant day & cll 2 to 5)—11.8.2022 (Gazette 11.8.2022 p2489)\n Return to Work (Employment and Progressive Injuries) Amendment Act 2024\n14.11.2024\n1.12.2024 (Gazette 28.11.2024 p4273) except s 4, subparagraph (ii) of s 22(7)(a) as inserted by s 9(3), ss 9(4) & 12, subparagraph (ii) of s 122(6)(a) as inserted by s 14(1), s 14(2) & Sch 1 (cl 2)—10.7.2025 (Gazette 10.7.2025 p2487)\nReturn to Work (Presumptive Firefighter Injuries) Amendment Act 2025\n4.12.2025: s 2\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 4\n\ns 4(1)\n\napprentice\namended by 40/2020 Sch 1 cl 8\nphysical injury\ninserted by 4/2022 s 3\ns 4(18)—(20)\ninserted by 50/2024 s 3\ns 5\n\ns 5(2)\namended by 50/2024 s 4(1)\ns 5(2a)—(2c)\ninserted by 50/2024 s 4(2)\ns 5(16)\namended by 50/2024 s 4(3)\ns 5(17) and (18)\ninserted by 50/2024 s 4(4)\nPt 2\n\ns 7\n\ns 7(2)\namended by 4/2022 s 4\ns 17A\ninserted by 50/2024 s 5\ns 18\n\ns 18(1)\namended by 50/2024 s 6(1)\ns 18(2)\namended by 50/2024 s 6(2), (3)\ns 18(3) and (4)\nsubstituted by 50/2024 s 6(4)\ns 18(4a)—(4e)\ninserted by 50/2024 s 6(4)\ns 18(5)\namended by 50/2024 s 6(5)\ns 18(5a)—(5h)\ninserted by 50/2024 s 6(6)\ns 18(6) and (7)\nsubstituted by 50/2024 s 6(7)\ns 18(7a)—(7d)\ninserted by 50/2024 s 6(7)\ns 18(9)\namended by 50/2024 s 6(8)\ns 18(14)\namended by 50/2024 s 6(9)\ns 18(16)\namended by 50/2024 s 6(10)\ns 18(16a)—(16d)\ninserted by 50/2024 s 6(11)\ns 18(17)\nsubstituted by 50/2024 s 6(12)\ns 19\namended by 50/2024 s 7\ns 19A\ninserted by 50/2024 s 8\ns 21\n\ns 21(2)\nsubstituted by 4/2022 s 5(1)\ns 21(3) and (4)\nsubstituted by 4/2022 s 5(2)\ns 21(4a)\ninserted by 4/2022 s 5(2)\ns 21(6a)\ninserted by 4/2022 s 5(3)\ns 21(8)\nsubstituted by 4/2022 s 5(4)\ns 22\n\ns 22(4)\n(e) deleted by 4/2022 s 6(1)\ns 22(6)\nsubstituted by 4/2022 s 6(2)\ns 22(6a)\ninserted by 4/2022 s 6(2)\n\namended by 50/2024 s 9(1)\ns 22(6b)\ninserted by 50/2024 s 9(2)\ns 22(7)\namended by 50/2024 s 9(3)\n1.12.2024 except (a)(ii)—10.7.2025\ns 22(7a)\ninserted by 50/2024 s 9(4)\ns 22(8)\nnote inserted by 4/2022 s 6(3)\ns 22(9a)\ninserted by 4/2022 s 6(4)\ns 22(10)\nsubstituted by 4/2022 s 6(5)\ns 22(11)\ndeleted by 4/2022 s 6(5)\ns 22(19)\ninserted by 4/2022 s 6(6)\nPt 3\n\ns 25\n\ns 25(3)\namended by 50/2024 s 10(1)\ns 25(4)\namended by 50/2024 s 10(2)\ns 25(5)\namended by 50/2024 s 10(3), (4)\ns 25(7)\namended by 50/2024 s 10(5)\ns 25(10a)\ninserted by 50/2024 s 10(6)\ns 25(12)—(14)\ninserted by 50/2024 s 10(7)\nPt 4\n\ns 37\namended by 50/2024 s 11\ns 40\n\ns 40(1)\namended by 4/2022 s 7\ns 42\n\ns 42(2)\namended by 50/2024 s 12\ns 48\n\ns 48(2)\namended by 4/2022 s 8(1)\n\namended by 50/2024 s 13\ns 48(10a)\ninserted by 4/2022 s 8(2)\ns 53\n\ns 53(2)\namended by 4/2022 s 9(1)\ns 53(5a)\ninserted by 4/2022 s 9(2)\ns 54\n\ns 54(2)\ndeleted by 4/2022 s 10\ns 56\n\ns 56(1)\namended by 4/2022 s 11(1)\ns 56(4)\n\nPS\namended by 4/2022 s 11(2)\ns 56(5)\nsubstituted by 4/2022 s 11(3)\ns 56(8)\nsubstituted by 4/2022 s 11(4)\ns 56(9)\ndeleted by 4/2022 s 11(4)\ns 56(12)\ninserted by 4/2022 s 11(5)\ns 56A\ninserted by 4/2022 s 12\ns 58\n\ns 58(6)\nsubstituted by 4/2022 s 13(1)\ns 58(9)\nsubstituted by 4/2022 s 13(2)\ns 58(10)\ndeleted by 4/2022 s 13(2)\nPt 5\n\ns 72\n\nheading\namended by 4/2022 s 14(1)\ns 72(1)\nsubstituted by 4/2022 s 14(2)\ns 72(3)\nsubstituted by 4/2022 s 14(3)\ns 73\n\ns 73(2)\namended by 4/2022 s 15(1)\ns 73(4)\namended by 4/2022 s 15(2)\ns 73(5)\namended by 4/2022 s 15(3)\nPt 6\n\ns 97\namended by 4/2022 s 16\nPt 7\n\ns 115\n\ns 115(1)\namended by 4/2022 s 17\nPt 8\n\ns 122\n\ns 122(6)\namended by 50/2024 s 14(1)\n1.12.2024 except (a)(ii)—10.7.2025\ns 122(6a)\ninserted by 50/2024 s 14(2)\nPt 9\n\ns 129\n\ns 129(12a)\ninserted by 50/2024 s 15\ns 134\n\ns 134(1)\namended by 4/2022 s 18\nSch 3\n\ncl 1\n\ntable\namended by 75/2025 s 3(1), (2)\nSch 7\namended by 4/2022 s 19\nSch 9\n\nPts 3—9\nomitted under Legislation Revision and Publication Act 2002\nPt 10\n\ncl 69\n\ncl 69(1)\nsubstituted by 4/2022 s 20(1)\ncl 69(2)\namended by 4/2022 s 20(2)\nTransitional etc provisions associated with Act or amendments\nReturn to Work (Scheme Sustainability) Amendment Act 2022, Sch 1—Transitional provisions\nCategory 1 seriously injured worker means a worker who, at any time during the period appointed by proclamation for the purposes of this definition (the Category 1 designated period), is (or becomes) an interim seriously injured worker;\nCategory 2 seriously injured worker means a worker who, at any time during the period appointed by proclamation for the purposes of this definition, being a period commencing immediately after the end of the Category 1 designated period, becomes an interim seriously injured worker;\ncompensating authority means the Corporation or a self-insured employer;\ndesignated day means a day appointed by proclamation as the designated day for the purposes of the provision in which the term is used;\ndesignated worker means a worker who, in relation to a physical injury, has been assessed to be a seriously injured worker under Part 2 Division 5 of the principal Act;\ninterim seriously injured worker means a worker who is taken to be a seriously injured worker under section 21(3) of the principal Act pending an assessment of permanent impairment under Part 2 Division 5 of the principal Act;\nprincipal Act means the Return to Work Act 2014;\nrelevant day means a day appointed by proclamation as the relevant day for the purposes of the provision in which the term is used.\n\t(2)\tOther terms used in this Schedule have meanings consistent with the meanings they have in the principal Act.\n2—Application of amendments—seriously injured workers threshold\n\t(1)\tThis clause applies in relation to work injuries other than psychiatric injuries.\n\t(2)\tSubject to subclause (3), the amendments made to the principal Act by sections 5(1), 5(4), 14 and 19 of the Act apply in relation to any work injury where the final examination relating to the worker by an accredited medical practitioner for the purposes of an assessment under section 22 of the principal Act occurs on or after the designated day (even if the injury is attributable to trauma that occurred before the designated day and even if anything arising from the examination, or any assessment made by the accredited medical practitioner, is subsequently set aside or disregarded by the Tribunal or a court).\n\t(3)\tWhere 2 or more accredited medical practitioners are required to undertake an examination or assessment under section 22 of the principal Act to determine the degree of impairment of a worker in relation to injuries arising from the same cause, the amendments made to the principal Act by this Act will only apply if none of the injuries are the subject of a final examination by an accredited medical practitioner for the purposes of an assessment under section 22 of the principal Act before the designated day.\n\t(4)\tFor the purposes of this clause, the final examination relating to a worker by an accredited medical practitioner is the last attendance when the accredited medical practitioner needs to see the worker in order to enable the accredited medical practitioner to complete and issue the permanent impairment assessment report under section 22 of the principal Act (even if that report is subsequently substituted, supplemented or expanded).\nExample 1—\nIf an accredited medical practitioner sees a worker, and then following that appointment determines that they do not need to see the worker again, then the final examination will be the date of that last attendance. This is even if the accredited medical practitioner determines they do not need to see the worker again but does require an x-ray or other test to be obtained.\nExample 2—\nIf an accredited medical practitioner sees a worker, and then following that appointment determines they need further tests and will need to see the worker again following those tests, then the final examination will be the date of that further attendance (as long as the accredited medical practitioner does not need to see them again in order to complete and issue the permanent impairment assessment report under section 22 of the principal Act).\n3—General provision and thresholds—seriously injured workers\n\t(1)\tSubject to this Schedule and the other provisions of this Act—\n\t(a)\ta worker who has been assessed to be a seriously injured worker under Part 2 Division 5 of the principal Act immediately before the designated day will continue to be regarded as a seriously injured worker; and\n\t(b)\ta worker who is taken to be a seriously injured worker under section 21(3) of the principal Act immediately before the designated day will continue to be taken to be a seriously injured worker.\n\t(2)\tIn the case of a Category 1 seriously injured worker—\n\t(a)\tin relation to an assessment of the degree of whole person impairment made before the designated day—after the assessment is made the worker will be regarded as a seriously injured worker for the purposes of the principal Act if the worker is assessed to have a degree of whole person impairment that is 30% or more under Part 2 Division 5 of the principal Act; and\n\t(b)\tin relation to an assessment of the degree of whole person impairment made on or after the designated day—after the assessment is made the worker will be regarded as a seriously injured worker for the purposes of the principal Act if the worker is assessed to have a degree of whole person impairment that is—\n\t(i)\tin the case of psychiatric injury—30% or more under Part 2 Division 5 of the principal Act; and\n\t(ii)\tin the case of physical injury—35% or more under Part 2 Division 5 of the principal Act.\n\t(3)\tIn the case of a Category 2 seriously injured worker, in relation to an assessment of the degree of whole person impairment made on or after the designated day, after the assessment is made the worker will be regarded as a seriously injured worker for the purposes of the principal Act if the worker is assessed to have a degree of whole person impairment that is—\n\t(a)\tin the case of psychiatric injury—30% or more under Part 2 Division 5 of the principal Act; and\n\t(b)\tin the case of physical injury—35% or more under Part 2 Division 5 of the principal Act.\n4—Elections—seriously injured workers\n\t(1)\tThis clause applies in relation to the operation of section 56A of the principal Act, as enacted by this Act.\n\t(2)\tIf a worker is a designated worker before the designated day, the worker may make an election under section 56A on or after the relevant day and subclause (4) will apply in relation to the worker.\n\t(a)\ta worker is a Category 1 seriously injured worker; and\n\t(b)\tthe worker is assessed to have a degree of whole person impairment that is 30% or more under Part 2 Division 5 of the principal Act; and\n\t(c)\tthat assessment is made before the designated day,\nthe worker may make an election under section 56A and subclause (4) will apply in relation to the worker.\n\t(4)\tIf this subclause applies in relation to a worker, section 56 (as amended by this Act) and section 56A (as enacted) of the principal Act will apply subject to the following modifications and qualifications:\n\t(a)\tthe age factor (AF) applying in relation to the worker will be taken to be the worker's age at the date of the election rather than the relevant date as it applies in relation to the worker under section 5 of the principal Act;\n\t(b)\tthe total payment under section 56 that the worker can receive cannot exceed the prescribed sum applicable for 29% whole person impairment;\n\t(c)\tsection 56A(7) will apply so that the only amounts to be deducted are weekly payments made to the worker under section 41 of the principal Act where—\n\t(i)\tthe payments are made on or after the designated day under this subclause and before the date of the election; and\n\t(ii)\tthe payments are made after the period of 104 weeks from the date on which the incapacity for work first occurs, other than weekly payments made in accordance with section 56A(6) after—\n\t(A)\tin the case of an election made by a 50% or more WPI worker—the day on which the relevant application is referred to the Tribunal under section 56A; or\n\t(B)\tin any other case—the day on which the election is received by the Corporation under section 56A.\n\t(5)\tIf a worker—\n\t(a)\tis a Category 1 seriously injured worker who is assessed to be a designated worker on or after the designated day under subclause (3); or\n\t(b)\tis a Category 2 seriously injured worker,\nthe worker may only make an election under section 56A if the worker is assessed to have a degree of whole person impairment that is 35% or more under Part 2 Division 5 of the principal Act and, in the case of a Category 1 seriously injured worker, subclause (6) will apply in relation to the worker.\n\t(6)\tIf this subclause applies in relation to a worker, section 56 (as amended by this Act) and section 56A (as enacted) of the principal Act will apply subject to the following modifications and qualifications:\n\t(a)\tthe age factor (AF) applying in relation to the worker will be taken to be the worker's age at the date of the election rather than the relevant date as it applies in relation to the worker under section 5 of the principal Act;\n\t(b)\tsection 56A(7) will apply so that the only amounts to be deducted are weekly payments made to the worker under section 41 of the principal Act where—\n\t(i)\tthe payments are made on or after the designated day under this subclause and before the date of the election; and\n\t(ii)\tthe payments are made after the period of 104 weeks from the date on which the incapacity for work first occurs, other than weekly payments made in accordance with section 56A(6) after—\n\t(A)\tin the case of an election made by a 50% or more WPI worker—the day on which the relevant application is referred to the Tribunal under section 56A; or\n\t(B)\tin any other case—the day on which the election is received by the Corporation under section 56A.\n\t(7)\tDespite any other provision, a worker who is a seriously injured worker as a result of an injury that is attributable to a trauma that occurred before 1 July 2015 is not entitled to make an election under section 56A of the principal Act.\n5—Interim decisions under section 21(3) of Act\n\t(1)\tThis clause applies in relation to the application of the amendments made by section 5(2) of this Act.\n\t(2)\tIn this clause, a reference to the relevant provision is a reference to subsection (4)(b)(ii) of section 21 of the principal Act as enacted by section 5(2) of this Act.\n\t(3)\tThe amendments made by section 5(2) of this Act apply as follows:\n\t(a)\tin relation to a Category 1 seriously injured worker—\n\t(i)\tthe principal Act as amended by section 5(2) of this Act will apply from the designated day under this subparagraph; and\n\t(ii)\tuntil the designated day under this subparagraph, the amendments will apply as if a reference to 35% in the relevant provision were a reference to 30%; and\n\t(iii)\ton and after the designated day under this subparagraph, in relation to a worker with a physical injury, the compensating authority may also act under the relevant provision if it appears that the worker's likely degree of whole person impairment is not likely to be 35% or more;\n\t(b)\tin relation to a Category 2 seriously injured worker—the principal Act as amended by section 5(2) of this Act will apply from the designated day under this paragraph.\n6—Amendment or substitution of Impairment Assessment Guidelines\n\t(1)\tSubject to this clause, subsections (6) and (6a) of section 22 of the principal Act, as enacted by section 6(2) of this Act, apply in relation to any amendment or substitution of the Impairment Assessment Guidelines that takes effect on or after the designated day (including in relation to an injury that occurred before the designated day).\n\t(2)\tThe WorkCover Guidelines for the evaluation of permanent impairment, published in the Gazette on 26 March 2009, will continue to apply in relation to an injury that has been the subject of an application made under regulation 5 of the Return to Work (Transitional Arrangements) (General) Regulations 2015.\n\t(3)\tThe Impairment Assessment Guidelines, published in the Gazette on 12 March 2015, will continue to apply in relation to an injury that has been the subject of an application made under regulation 4 of the Return to Work (Transitional Arrangements) (General) Regulations 2015.\n\t(4)\tDespite any other provision of the principal Act or this Act, in the case of a worker whose injury or injuries have stabilised, and who on or after the commencement of this subclause gives a written notice to the compensating authority selecting a particular accredited medical practitioner to undertake an assessment under section 22 of the principal Act of the degree of impairment resulting from the injury or injuries, the Return to Work Scheme Impairment Assessment Guidelines published March 2015 apply in relation to the injury or injuries rather than the version of the Impairment Assessment Guidelines applying immediately before the commencement of this subclause, unless the Return to Work Scheme Impairment Assessment Guidelines published March 2015 already applied, in which case, that version will continue to apply.\n7—Impairment Assessment Guidelines\n\t(1)\tThe Impairment Assessment Guidelines, as in existence immediately before the designated day, are not subject to the operation of subsection (19) of section 22 of the principal Act, as enacted by section 6(6) of this Act, but that subsection will apply to any amendment or substitution of those guidelines that takes effect on or after the designated day.\n\t(2)\tSubclause (1) does not apply in relation to the Impairment Assessment Guidelines that apply under clause 6(4).\n8—Supplementary income support\nThe amendment made to the principal Act by section 7 of this Act applies in relation to surgery approved by a compensating authority—\n\t(a)\tbefore the designated day in relation to surgery that is conducted on or after the designated day; or\n\t(b)\ton or after the designated day.\nReturn to Work (Employment and Progressive Injuries) Amendment Act 2024, Sch 1—Transitional provisions\ndesignated day means a day appointed by proclamation as the designated day for the purposes of the provision in which the term is used;\nprincipal Act means the Return to Work Act 2014.\n\t(2)\tOther terms used in this Schedule have meanings consistent with the meanings they have in the principal Act.\n2—Average weekly earnings\n\t(1)\tSection 5 of the principal Act, as in existence immediately before the designated day, continues to apply in relation to the average weekly earnings (and, if relevant, notional weekly earnings) of a worker if the determination of the average weekly earnings is made before the designated day.\n\t(2)\tIf, on or after the designated day, a disease is prescribed by regulation as a prescribed dust/fibre disease under section 5(18) of the principal Act, as enacted by section 4(4) of this Act, the prescription of the disease will not apply in relation to the average weekly earnings (and, if relevant, notional weekly earnings) of a worker if the determination of the average weekly earnings is made before the commencement of the regulation.\n3—Employer's duty to provide work\nThe amendments made by section 6 of this Act to section 18 of the principal Act apply on or after the designated day (including in respect of a work injury attributable to a trauma that occurred before that day).\n4—Monetary claims\nSection 19A(1) of the principal Act, as enacted by section 8 of this Act, apply in relation to an application made to the Tribunal on or after the designated day.\n5—Amendment of Impairment Assessment Guidelines\n\t(1)\tThe first edition of the Impairment Assessment Guidelines is amended or modified in the manner set out in this clause.\n\t(2)\tClause 1.13 and 1.14 of the Impairment Assessment Guidelines—delete the clauses and substitute:\n\t1.13\tAn assessment of whole person impairment is only to be conducted when one of the conditions in section 22(7)(a) of the Act has been satisfied.\n\t1.14\tIf an assessment cannot proceed under clause 1.13, the assessor must provide an explanation about why the assessment must be deferred.\n\t(3)\tClause 2.3 of the Impairment Assessment Guidelines—delete \"must be at MMI\" and substitute:\nmust be stabilised\n\t(4)\tClause 2.22 of the Impairment Assessment Guidelines—delete \"to permit adequate time to achieve MMI\" and substitute:\nto allow adequate time for the injury to have stabilised\n\t(5)\tClause 3.47 of the Impairment Assessment Guidelines—delete \"to permit adequate time to achieve MMI\" and substitute:\nto allow adequate time for the injury to have stabilised\n\t(6)\tClause 16.4 of the Impairment Assessment Guidelines—delete \"must have reached maximum medical improvement (MMI – refer introduction 1.13 – 1.14)\" and substitute:\nmust satisfy the requirements of section 22(7)(a) of the Act\n\t(7)\tClause 17.3 of the Impairment Assessment Guidelines—delete \"has stabilised/reached MMI\" and substitute:\nsatisfies the requirements of section 22(7)(a) of the Act\n\t(8)\tAppendix 1 of the Impairment Assessment Guidelines—delete \"MMI\" and substitute:\nthe injury being stabilised\n\t(9)\tAppendix 3 of the Impairment Assessment Guidelines—delete the item relating to \"MMI\".\n\t(10)\tA reference to \"MMI\" in the American Medical Association Guides to the evaluation of permanent impairment, 5th edition (AMA5) (as adopted by the Impairment Assessment Guidelines) will be taken to be a reference to one of the conditions in section 22(7)(a) of the Act.\n\t(11)\tTo avoid doubt, a reference to an injury being at MMI in a report prepared (whether before or after the commencement of this clause) for the purposes of an assessment of permanent impairment is to be taken to be a reference to the injury being stabilised.\nHistorical versions\n\n","sortOrder":38}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"This Act has significantly expanded beyond the original intent of the repealed Workers Rehabilitation and Compensation Act 1986. It introduces the 'seriously injured worker' category (s.21, with 30%/35% whole person impairment thresholds separating physical and psychiatric injuries, and interim decisions), uncapped lifetime benefits for that group, stricter limits on common law claims (Part 5, requiring 30%/35% thresholds and elections under s.56A), enhanced early intervention/return to work obligations (Part 3, with co-ordinators in s.26 and plans in s.25), presumptive employment for firefighters and others (Schedules 1–3), and a modern tribunal-based dispute system (Part 6). These changes broaden the scheme's reach, alter the worker-employer balance (s.3 objects), add sustainability mechanisms (Part 10), and incorporate detailed funding/premium rules (Part 9), far exceeding the 1986 Act's rehabilitation focus."},"complexity_factors":["Over 200 sections across 12 Parts with extensive subdivisions (e.g. Part 4 has 10 Divisions with further Subdivisions)","More than 50 defined terms in the interpretation section (s.4), including nuanced ones like 'current work capacity' (s.36), 'suitable employment', and 'seriously injured worker' (s.21)","Complex conditional logic and formulas for weekly payments (ss.39–42, with designated periods, 80% reductions, and federal minimum wage safety net in s.42)","Nested cross-references to 9 Schedules (e.g. presumptive injuries in Schedules 2–3, impairment thresholds, transitional provisions in Schedule 9 with over 60 clauses)","Detailed assessment processes in s.22 referencing external Impairment Assessment Guidelines, with rules on combining impairments, rounding, and exclusions for psychiatric/consequential harm","Multiple exceptions, elections (e.g. s.56A for seriously injured workers), and review mechanisms (Part 6, with initial reconsideration in ss.102–103)"],"plain_english_summary":"**The Return to Work Act 2014** sets up a scheme to support South Australian workers injured at work. It covers medical costs (section 33), income payments while unable to work (sections 39–42 for non-seriously injured workers, section 41 for seriously injured ones), help with getting back to a job (Part 3, including employer duties under section 18 to provide suitable work), and lump sums for permanent impairments (sections 56 and 58). Workers must notify injuries quickly (section 16) and cooperate with return-to-work plans. Employers pay premiums to fund it (Part 9) and must help with recovery without sacking injured staff unfairly (section 20). For 'seriously injured workers' (35%+ whole person impairment for physical injuries or 30%+ for psychiatric, assessed under section 22 guidelines), benefits continue longer without time caps. Lawsuits against employers are limited unless impairment thresholds are met (Part 5). Disputes go to the South Australian Employment Tribunal (Part 6). This matters because it aims to get people recovering through work, control business costs, reduce court fights, and balance interests via principles in section 3 that courts and the Corporation must follow."},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes from original intent as the legislation text was not successfully retrieved. Based on general knowledge, the Act was subject to amendments post-enactment, particularly around benefit caps and serious injury provisions, suggesting some scope evolution — but this cannot be confirmed from the provided source."},"complexity_factors":["Legislation text was not available — analysis is based on general legal knowledge only, introducing uncertainty","Workers compensation schemes are inherently complex, involving multiple interacting entitlements and timeframes","The Act introduced significant structural reforms from its predecessor, creating transitional complexity","Involves multiple parties: workers, employers, insurers, medical practitioners, and a government corporation","Entitlements are means-tested and time-limited, requiring detailed calculations of income and incapacity","Intersects with Commonwealth law (e.g., fair work, superannuation, safety legislation)","Extensive regulation-making powers mean key operative details sit outside the Act itself","Dispute resolution pathways involve multiple bodies including the South Australian Employment Tribunal"],"plain_english_summary":"**⚠️ Content Unavailable — Page Not Found**\n\nThe link provided for the **Return to Work Act 2014 (SA)** did not load successfully. The SA Legislation website returned a 'Page Not Found' error, meaning the actual text of the legislation was not retrievable for analysis.\n\n**What we do know about this Act from general legal knowledge:**\nThe *Return to Work Act 2014* is South Australia's workers' compensation (work injury insurance) law. It replaced the old *Workers Rehabilitation and Compensation Act 1986*. In plain terms, it sets out:\n- What happens if you're **injured at work** in South Australia\n- How you **claim compensation** for lost wages and medical costs\n- Your rights and obligations during **recovery and rehabilitation**\n- When and how your benefits can be **reduced or stopped**\n- The role of the **Return to Work Corporation of SA (ReturnToWorkSA)**, which manages the scheme\n\nIt affects **virtually every worker and employer in South Australia**. Employers must hold insurance; injured workers rely on it for income and medical support.\n\n*Note: A full detailed analysis cannot be completed because the legislation text did not load. Please verify the source URL and resubmit.*"},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"The 2014 Act fundamentally changed the workers' compensation scheme from the previous 1986 Act. It shifted the focus from compensating injury to early intervention and return to work. Key scope changes include: new thresholds for 'seriously injured' workers (30% psychiatric, 35% physical impairment), limits on weekly payments to 104 weeks for non-seriously injured workers, stricter common law access thresholds, creation of a new Tribunal, and a restructured premium system. The Act also introduced a more prescriptive return-to-work framework with employer obligations and service standards."},"complexity_factors":["Extensive length: over 200 sections plus 9 schedules","Large number of defined terms (around 80 in section 4 alone)","Complex tiered entitlement structures (e.g., weekly payments calculated by designated periods, percentages, caps)","Multiple cross-references within the Act and to other legislation (e.g., Fair Work Act, Motor Vehicles Act)","Conditional and exception-laden provisions (e.g., s48 reduction/discontinuance of weekly payments with numerous grounds and exceptions)","Separate regimes for different types of workers (seriously injured, self-employed, firefighters)","Detailed and technical provisions for permanent impairment assessment (s22, Impairment Assessment Guidelines)","Complex dispute resolution process (mandatory reconsideration, conciliation, tribunal review)","Extensive transitional provisions spanning injuries and claims from the repealed Act","Interconnected funding and premium-setting mechanisms (Part 9) with actuarial and economic factors"],"plain_english_summary":"This South Australian law sets up a compulsory insurance scheme for workers who are injured on the job. It replaces the old 1986 law. The main goal is to help injured workers recover and return to work as quickly as possible, rather than just paying them compensation. The scheme is run by the Return to Work Corporation of South Australia. Employers must register and pay premiums (except self-insured ones). Workers get weekly payments if they can't work, but these are limited in time and amount unless the injury is very serious (a 'seriously injured worker'). The law also covers medical expenses, lump sums for permanent impairment, and payments to families if a worker dies. It sets strict rules for when workers can sue their employer for damages – generally only if the injury is severe (e.g., 35% whole person impairment for physical injuries). Disputes go to the South Australian Employment Tribunal. The law incentivises employers to provide suitable work for injured employees and penalises those who don't. Overall, it balances income support with return-to-work obligations, aiming to control employer costs while maintaining a safety net for workers."}},"importantCases":[],"_links":{"self":"/api/acts/return-to-work-act-2014","history":"/api/acts/return-to-work-act-2014/history","analysis":"/api/acts/return-to-work-act-2014/analysis","conflicts":"/api/acts/return-to-work-act-2014/conflicts","importantCases":"/api/acts/return-to-work-act-2014/important-cases","documents":"/api/acts/return-to-work-act-2014/documents"}}