47Compensation payable to certain transferred South Australian employees

47 Compensation payable to certain transferred South Australian employees

(1) If, when a claim for compensation in relation to an injury sustained on or after 1 March 1978 by a transferred South Australian employee is served on the Commission by or on behalf of a person under section 54 of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988, there is also served on the Commission an election, in accordance with a form prescribed by regulations made under that Act, by or on behalf of the person to have the claim dealt with in accordance with the applied South Australian provisions, that Act applies to and in relation to the claim, subject to this section, as if the applied South Australian provisions were substituted for the provisions of Part II of that Act. (2) Where: (a) a transferred South Australian employee sustains an injury (in this subsection referred to as the subsequent injury) that relates to a previous injury sustained by the employee on or after 1 March 1978; and (b) compensation was paid under the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 in respect of that previous injury; that Act applies to and in relation to any claim made by or on behalf of the employee in respect of the subsequent injury: (c) if an election was made under subsection (1) in relation to that previous injury (whether or not an election is made in relation to the subsequent injury)—as if the applied South Australian provisions were substituted for Part II of that Act; or (d) if no election was made under subsection (1) in relation to the previous injury but an election is made under that subsection in relation to the subsequent injury—as if that last‑mentioned election were of no force or effect. (3) For the purposes of subsection (2), an injury shall be taken to relate to a previous injury if it is an injury by way of: (a) the aggravation, acceleration, exacerbation, deterioration or recurrence of that previous injury; or (b) the further aggravation, acceleration, exacerbation, deterioration or recurrence of an injury the aggravation, acceleration, exacerbation, deterioration or recurrence of which constituted that previous injury. (4) In the application of the modified Commonwealth Employees’ Rehabilitation and Compensation Act (in this subsection called the Act) in relation to a claim for compensation: (a) unless the contrary intention appears, expressions used in that part of the Act that comprises the applied South Australian provisions have the same respective meanings as they have in the Workers Compensation Act; (b) expressions used in the Act (other than in that part of the Act that comprises the applied South Australian provisions) that are also used in the applied South Australian provisions have the same respective meanings as they have in the applied South Australian provisions; and (c) in that part of the Act that comprises the applied South Australian provisions: (i) a reference to the Court shall be read as a reference to the Commission; and (ii) a reference to a workman shall be read as a reference to a transferred South Australian employee. (5) Where: (a) claims for compensation in respect of an injury to a transferred South Australian employee that resulted in the employee’s death have been served on the Commission by or on behalf of 2 or more persons; and (b) an election has been made under subsection (1) in relation to at least one of those claims and no election has been so made in relation to at least one of those claims; then: (c) a claim in relation to which no election has been so made shall be determined under the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 in its application to that claim as if: (i) no election had been so made in relation to any of the claims referred to in paragraph (a); and (ii) any person who is a dependant of the employee for the purposes of the Workers Compensation Act were a dependant of the employee for the purposes of that first‑mentioned Act in its application to that claim; (d) a claim in relation to which an election has been so made shall be determined under the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 in its application to that claim as if: (i) elections had been so made in relation to all the claims referred to in paragraph (a); and (ii) any person who is a dependant of the employee for the purposes of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 in its application to a claim in relation to which no election has been made under subsection (1) were a dependant of the employee for the purposes of that Act in its application to that claim; and (e) the Commission shall make, under the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 in its application to the claims referred to in paragraph (a), one determination in respect of all those claims. (6) It is the intention of the Parliament that the modified Commonwealth Employees’ Rehabilitation and Compensation Act shall be applied, except where the contrary intention appears in that Act, in such a manner as to impose on the Commission the same liability, as nearly as practicable, to pay compensation in respect of an injury sustained, on or after 1 March 1978, by a transferred South Australian employee (being an injury in relation to which a claim is required to be determined under the modified Commonwealth Employees’ Rehabilitation and Compensation Act) as was imposed by the Workers Compensation Act on an employer to whom that Act applied, in respect of a similar injury sustained in similar circumstances by a person who is, within the meaning of that Act, a workman employed by such an employer. (7) The power to make regulations conferred by section 122 of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 extends, by virtue of this subsection, to the making of regulations for the purposes of this section. (7A) The regulations may provide that an amount specified in the Workers Compensation Act or in any regulation or Proclamation under the Act (including an amount specified by virtue of regulations made pursuant to this subsection) shall, for the purposes of this section, be taken to be replaced by such higher amount as is specified in the regulations. (8) In this section: