{"id":"return-to-work-transitional-arrangements-general-regulations-2015","name":"Return to Work (Transitional Arrangements) (General) Regulations 2015","slug":"return-to-work-transitional-arrangements-general-regulations-2015","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237081,"registerId":"sa-return-to-work-transitional-arrangements-general-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Return to Work (Transitional Arrangements) (General) Regulations 2015","content":"South Australia\nReturn to Work (Transitional Arrangements) (General) Regulations 2015\nunder the Return to Work Act 2014\n\nContents\n1\tShort title\n3\tInterpretation\n4\tAssessment of permanent impairment—seriously injured workers\n5\tLump sum compensation—non‑economic loss\n6\tRequirement that regulation not take effect until disallowance\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Return to Work (Transitional Arrangements) (General) Regulations 2015.\n3—Interpretation\nIn these regulations—\nAct means the Return to Work Act 2014;\nexisting injury has the same meaning as in Part 10 of Schedule 9 of the Act.\n4—Assessment of permanent impairment—seriously injured workers\n\t(1)\tIn this regulation—\ndesignated worker means a worker who has suffered an existing injury that gave rise to a permanent impairment under the repealed Act that gave rise to a payment of compensation for non‑economic loss by way of lump sum under that Act as in existence before 1 April 2009;\nrelevant compensating authority in relation to a designated worker means—\n\t(a)\tunless paragraph (b) applies—the Corporation;\n\t(b)\tif the relevant existing injury arose from employment by a self‑insured employer—the self‑insured employer.\n\t(2)\tThe relevant compensating authority must, on application under this regulation by a designated worker, arrange for an assessment of the degree of whole person impairment applying in relation to the worker in respect of the relevant existing injury to be undertaken for the purpose of determining whether the designated worker is a seriously injured worker under the Act.\n\t(3)\tAn assessment under this regulation—\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 an accreditation under section 22 of the Act,\n(and an assessment will not be undertaken unless or until the Impairment Assessment Guidelines have been published and a suitable medical practitioner is available).\n\t(4)\tThis regulation does not apply in relation to a designated worker if the relevant compensating authority has notified the worker that the relevant compensating authority is willing to make a determination under clause 34(2) of Schedule 9 of the Act.\n5—Lump sum compensation—non‑economic loss\n\t(1)\tIn this regulation—\nrelevant compensating authority in relation to a worker means—\n\t(a)\tunless paragraph (b) applies—the Corporation;\n\t(b)\tif the relevant existing injury arose from employment by a self‑insured employer—the self‑insured employer;\n2010 regulations means the Workers Rehabilitation and Compensation Regulations 2010.\n\t(2)\tThe table set out in Schedule 4 of the 2010 regulations will continue to apply in respect of an existing injury—\n\t(a)\tdespite the revocation of those regulations by regulations under the Return to Work Act 2014; and\n\t(b)\tdespite (if relevant) any assessment of a worker's degree of whole person impairment in respect of the existing injury being made under the Return to Work Act 2014 rather than under the repealed Act (and if such an assessment is made under the Return to Work Act 2014 in respect of an existing injury then regulation 39(1) and Schedule 4 of the 2010 regulations will apply as if any reference to a worker's whole of person impairment assessed under Part 4 Division 5 of the repealed Act were a reference to a worker's degree of whole person impairment assessed under Part 2 Division 5 of the Return to Work Act 2014).\n\t(3)\tSubregulation (4) applies (subject to subregulation (5)) in relation to a worker in respect of an existing injury that has given rise to an entitlement to compensation for non‑economic loss under section 43 of the repealed Act if—\n\t(a)\tthe existing injury has affected more than 1 part of the body; and\n\t(b)\tthere has been, before 1 July 2015, a determination under Part 4 Division 5 of the repealed Act, or an order of the Workers Compensation Tribunal, that has given rise to an entitlement to the payment of compensation under that Division but the determination or order (or a combination of both) has not covered all aspects of the non‑economic loss suffered by the worker.\n\t(4)\tA worker to whom this subregulation applies may receive compensation for the non‑economic loss to the extent that it has not been covered by a determination or order referred to in subregulation (3) if—\n\t(a)\tan application under this subregulation is made to the relevant compensating authority before 1 July 2016; and\n\t(b)\tthe injury to which the application relates has stabilised (whether before or after that date); and\n\t(c)\tthe relevant compensating authority is satisfied that the compensation for non‑economic loss with respect to the injury to which the application relates is payable in accordance with the provisions of Part 4 Division 5 of the repealed Act (and the 2010 regulations in the manner contemplated by subregulation (2)).\n\t(5)\tSubregulation (4) does not apply in relation to—\n\t(a)\tan aggravation, acceleration, exacerbation, deterioration or recurrence of an existing injury that occurs on or after 1 July 2015; or\n\t(b)\tany sequelae that occurs on or after 1 July 2015.\n\t(6)\tFor the purposes of section 97 of the Act, a decision on an application under subregulation (4) is declared to be reviewable.\n6—Requirement that regulation not take effect until disallowance\n\t(1)\tSection 185(4) of the Act does not apply to a regulation made for the purposes of section 185(3)(k) of the Act that is expressed to come into operation on 1 July 2015.\n\t(2)\tSection 186(2) of the Act does not apply to a regulation made for the purposes of section 186(1)(i) of the Act that is expressed to come into operation on 1 July 2015.\nLegislative history\nNotes\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.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2015\n30\nGazette 19.3.2015 p1241 \n19.3.2015: r 2\n2015\n180\nGazette 25.6.2015 p3104\n1.7.2015: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2015\nr 5\n\n\nr 5(1)\n\n\nrelevant compensating authority\ninserted by 180/2015 r 4(1)\n1.7.2015\nr 5(3)—(6)\ninserted by 180/2015 r 4(2)\n1.7.2015\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations do not expand new substantive entitlements but alter the transitional scope and procedure for pre‑existing claims: they preserve the old lump‑sum assessment table (reg 5(2)) while imposing application windows (reg 5(4)(a)), excluding post‑1 July 2015 aggravations/sequelae (reg 5(5)), and assigning assessment and payment responsibilities to the Corporation or self‑insured employers (regs 4(1), 5(1)). They also condition assessments on publication of Guidelines and availability of accredited practitioners (reg 4(3)) and modify commencement/disallowance timing rules (reg 6)."},"complexity_factors":["Multiple statutory cross‑references and preserved material: continues Schedule 4 of the Workers Rehabilitation and Compensation Regulations 2010 despite its revocation (reg 5(2))","Defined categories and actors: introduction of 'designated worker' and differing 'relevant compensating authority' (reg 4(1), reg 5(1))","Conditional administrative duties: compensating authority must arrange assessments on application but only when Impairment Assessment Guidelines published and accredited practitioners available (reg 4(2)–(3))","Interaction with repealed Act and Tribunal outcomes: applies only where prior determinations/orders left aspects of non‑economic loss uncovered (reg 5(3)–(4))","Temporal limitations and exclusions: application deadline (1 July 2016) and exclusion of aggravations/sequelae on/after 1 July 2015 (reg 5(4)–(5))","Procedural variation to primary Act: modifies how certain commencement/disallowance provisions operate for instruments commencing 1 July 2015 (reg 6(1)–(2))","Reviewability and procedural consequences: decisions under reg 5(4) declared reviewable for purposes of s97 of the Act (reg 5(6))","Conditional non‑application: regulation 4 does not apply if compensating authority offers a clause 34(2) determination (reg 4(4))"],"plain_english_summary":"These regulations preserve transitional arrangements for workers with “existing injuries” by keeping the pre‑2009 lump‑sum non‑economic loss table and by enabling reassessment of permanent impairment for workers who previously received lump‑sum payments. The Corporation, or a self‑insured employer, must arrange accredited medical assessments under the Impairment Assessment Guidelines; applications for uncovered non‑economic loss must be made by 1 July 2016 and exclude aggravations or sequelae arising on or after 1 July 2015. Decisions under these rules are reviewable and certain commencement/disallowance timing rules are adjusted."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original transitional purpose. The 2015 amendments (regulation 180/2015) expanded the detail of regulation 5 to address multi-part injuries and create the application window, but this was within the anticipated scope of managing the transition between the old and new workers compensation systems. The regulations have not grown to address unrelated matters."},"complexity_factors":["Heavy reliance on defined terms that reference other legislation ('existing injury' refers to Part 10 of Schedule 9 of the Act; 'repealed Act' is used throughout without explicit definition in these regulations)","Nested conditional logic in regulation 5: subregulation (4) applies subject to subregulation (5), which itself contains two exclusion clauses (5)(a) and (5)(b)","Cross-referencing between three legislative instruments: the Return to Work Act 2014, the repealed Workers Rehabilitation and Compensation Act, and the revoked 2010 regulations","Temporal complexity with multiple critical dates: 1 April 2009, 1 July 2015, 1 July 2016, and the unstated repeal date of the old Act","Regulation 5(2)(b) contains a complex deeming provision that treats assessments under the new Act as if they were made under the old Act for the purposes of applying revoked regulations","Dual definitions of 'relevant compensating authority' that differ slightly between regulations 4 and 5 (regulation 4 includes 'designated worker' limitation; regulation 5 does not)","Regulation 6 modifies standard parliamentary scrutiny procedures by disapplying sections 185(4) and 186(2) of the Act for specific purposes"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create special rules for South Australian workers who were injured **before** the current Return to Work Act 2014 came into force. They act as a bridge between the old workers compensation system (the repealed Act) and the new one, ensuring certain workers don't fall through the cracks during the changeover.\n\n**Who it affects:**\n\n- **\"Designated workers\"** — workers who had existing injuries under the old law, received lump sum payments for non-economic loss (compensation for pain, suffering and loss of enjoyment of life) before 1 April 2009, and need their impairment reassessed to see if they qualify as \"seriously injured workers\" under the new Act.\n- **Workers with multi-part injuries** — those whose existing injuries affected more than one body part, where the old system hadn't fully dealt with all their compensation entitlements before 1 July 2015.\n\n**Key things the regulations do:**\n\n- **Allow reassessment of impairment:** Designated workers can apply to have their permanent impairment reassessed under the new guidelines to determine if they qualify as \"seriously injured workers\" (which brings ongoing weekly payments rather than just lump sums).\n\n- **Preserve old calculation tables:** The old 2010 regulations' tables for calculating lump sum compensation continue to apply to existing injuries, even though those regulations were technically revoked.\n\n- **Create a limited window for extra claims:** Workers with multi-part injuries who hadn't received full compensation under the old system could apply before 1 July 2016 for additional non-economic loss payments — but only if their injury had \"stabilised\" and wasn't a new aggravation after 1 July 2015.\n\n- **Fast-track commencement:** Special rules allow certain regulations to start immediately on 1 July 2015 without waiting for the usual parliamentary disallowance period.\n\n**Why it matters:**\n\nWithout these transitional rules, workers with long-standing injuries could have been stuck between two systems — unable to get proper compensation under either the old or new laws. The regulations ensure fairness for people whose injuries pre-date the 2014 reforms while drawing a line under old claims (the 1 July 2015 and 2016 cut-off dates prevent the transitional arrangements from continuing indefinitely)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was returned to assess whether the scope of this regulation changed from its original intent. The page returned a 404 error rather than legislative text."},"complexity_factors":["No actual legislative text was retrievable — analysis is based solely on the title and contextual knowledge","The title alone suggests moderate complexity (transitional/workers compensation regulations typically involve cross-referencing multiple instruments), but this cannot be confirmed","Score reflects the near-total absence of content to analyse, not an assessment of the law itself"],"plain_english_summary":"The Return to Work (Transitional Arrangements) (General) Regulations 2015 implement the changeover from South Australia’s old WorkCover system to the Return to Work Act 2014 regime. They set out how existing claims, rights and liabilities are carried across during the transition. This matters to injured workers, employers and insurers because it governs which scheme applies, preserves entitlements and prevents gaps or disputes while the new system takes effect."}},"importantCases":[],"_links":{"self":"/api/acts/return-to-work-transitional-arrangements-general-regulations-2015","history":"/api/acts/return-to-work-transitional-arrangements-general-regulations-2015/history","analysis":"/api/acts/return-to-work-transitional-arrangements-general-regulations-2015/analysis","conflicts":"/api/acts/return-to-work-transitional-arrangements-general-regulations-2015/conflicts","importantCases":"/api/acts/return-to-work-transitional-arrangements-general-regulations-2015/important-cases","documents":"/api/acts/return-to-work-transitional-arrangements-general-regulations-2015/documents"}}