Part 8Miscellaneous

Part 8—Miscellaneous 47—No contracting out This Act applies despite any contract to the contrary. 48—Release of information (1) The Authority is authorised to disclose or release— (a) information concerning the treatment, care and support needs of participants (including the expenses that are paid or payable by the Authority under the Scheme in relation to those needs) to such persons, and subject to such conditions, as the Authority thinks fit; and (b) other information under an authorisation (if any) prescribed by the regulations. (2) An insurer is authorised to disclose or release to the Authority information that it has obtained under the Motor Vehicles Act 1959 in relation to a person who may become, or who has become, a participant in the Scheme. 49—Immunity (1) A matter or thing done or omitted to be done by an assessor, a review officer or a member of an expert review panel under this Act in the performance or exercise of a function or power under this Act does not, if the matter or thing was done or omitted in good faith, subject the assessor, review officer or member of the panel personally to any action, liability, claim or demand. (2) Any liability that would attach to a person were it not for the operation of subsection (1) attaches instead to the Crown. 50—Treasurer's guarantee (1) Liabilities incurred or assumed by the Authority in pursuance of this Act are guaranteed by the Treasurer. (2) A liability of the Treasurer under a guarantee arising by virtue of subsection (1) will be satisfied out of the Consolidated Account which is appropriated by this section to the necessary extent. (3) The Treasurer may, from time to time, after consultation with the board, fix charges to be paid by the Authority in respect of the guarantee provided under this section and determine the times and manner of their payment. 51—False or misleading information A person must not— (a) provide to the Authority or any other person who is performing or exercising a function or power under this Act information that the person knows is false or misleading in a material particular; or (b) refuse or fail to include in information provided to a person who is performing or exercising a function or power under this Act other information without which the information provided is, to the knowledge of the person, false or misleading in a material particular. Maximum penalty: $10 000. 52—Absence of participant from Australia (1) If a participant in the Scheme is to be absent from Australia, the participant must, at least 28 days before leaving Australia, give the Authority notice of the proposed absence in accordance with the LSS Rules. (2) The Authority may, if the Authority considers that action under this subsection is justified— (a) waive or reduce the period that applies under subsection (1) in relation to a particular person in a particular case; (b) suspend the participation of a person in the Scheme while the person is absent from Australia (whether or not notice has been given in accordance with this section). 53—Extraterritorial operation of Act It is the intention of Parliament that the operation of this Act is to include, as far as possible, operation in relation to the following: (a) things situated in or outside the territorial limits of this jurisdiction; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction; (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction. 54—Authority to act on behalf of participant Without limiting any other provision or law, any authorisation or step that may be given or taken under this Act by a participant in the Scheme may be given or taken by a person with lawful authority to act on behalf of the participant. 55—Agreements with prescribed authorities (1) The Authority may enter into an agreement with a prescribed authority for the provision of services to persons— (a) who have suffered work injuries under the Return to Work Act 2014; and (b) who, in the opinion of the prescribed authority, would benefit from participating in certain aspects of the Scheme relating to treatment, care and support needs and in having other services (whether under this Act or the Return to Work Act 2014) provided by the Authority. (2) If a person is the subject of an agreement under this section— (a) no other eligibility requirements under this Act will apply in relation to the person (and, if relevant, section 24(5)(b) will not apply); and (b) the person is eligible to receive such services as are contemplated by the agreement; and (c) the prescribed authority must pay to the Authority, for payment into the Fund, a contribution agreed between the Authority and the prescribed authority; and (d) the Authority is authorised to make payments out of the Fund in order to give effect to any provision of the agreement; and (e) any payments made from the Fund in respect of the person will be taken to be excluded payments for the purposes of section 43. (3) The Authority is authorised to exercise any power or discretion delegated to the Authority under an agreement entered into under this section and contemplated by section 176 of the Return to Work Act 2014. (4) In this section— prescribed authority means— (a) in relation to a person who has suffered a work injury as a worker of a self‑insured employer under the Return to Work Act 2014—that self‑insured employer; and (b) in any other case—the WorkCover Corporation; WorkCover Corporation means the WorkCover Corporation of South Australia under the WorkCover Corporation Act 1994. 56—LSS Rules (1) The Governor may, on the recommendation of the Authority, make rules (LSS Rules) for or with respect to any matter that by this Act is required or permitted to be subject to those rules. (2) The Governor may, on the recommendation of the Authority, vary, revoke or substitute LSS Rules. (3) The LSS Rules may— (a) refer 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 rules are made or as in force from time to time; and (c) make different provision according to the persons or circumstances to which they are expressed to apply; and (d) provide that a matter is to be determined according to the discretion of the Minister or the Authority. (4) Section 10AA and Part 3A of the Subordinate Legislation Act 1978 do not apply to the LSS Rules. (5) The LSS Rules (including any variation, revocation or substitution) will come into operation on the day on which they are made or from such later date or time as is specified in the LSS Rules. 57—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) require the keeping of records, statistics or other information; and (b) require the provision of reports, statements, documents or other forms of information to the Authority; and (c) require the giving of notice to the Authority at specified intervals, or on the occurrence of any specified event; and (d) specify any procedure associated with any process under this Act; and (e) impose penalties, not exceeding $10 000, for a contravention of, or failure to comply with, a regulation; and (f) prescribe saving or transitional provisions in connection with the enactment or operation of this Act. (3) A regulation may— (a) refer 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 (c) make different provision according to the persons or circumstances to which it is expressed to apply; and (d) provide that a matter is to be determined according to the discretion of the Minister or the Authority. (4) A provision of a regulation made under subsection (2)(f) may, if the regulation so provides, take effect from the commencement of this Act or from a later day. (5) To the extent to which a provision takes effect under subsection (4) 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 person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person.