Return to Work Act 2014 (South Australia) — Zoe

South Australia act

Return to Work Act 2014

In ForceSA

Jurisdiction

South Australia

Collection

act

Plain English Summary

9/10 complexity

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.

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What it does

The Return to Work Act 2014 (the Act) establishes a comprehensive statutory scheme for the management of work injuries in South Australia. At its core, it replaces the repealed Workers Rehabilitation and Compensation Act 1986 with a system prioritising early intervention, recovery, and durable return to work while providing financial and medical support. Section 3(1) articulates the primary object as supporting workers to realise the health benefits of work, recover from injury, return to work (with retraining if needed), and be restored to the community if return is impossible. Secondary objects in s.3(2) include high-quality, dignified service, containing employer costs, balancing interests, reducing social and economic burdens, preventing injuries, and minimising disputation through better decision-making.

The Act operates by imposing a no-fault compensation framework. A "work injury" (defined in s.4(1) as an injury arising from employment under s.7) triggers entitlements under Part 4. This includes medical expenses (s.33, covering treatment by health practitioners, hospitalisation, therapeutic appliances, and travel, subject to scales published by the Minister and reasonable necessity tests), income support (Division 4, with weekly payments at notional weekly earnings levels for the first 52 weeks under s.39(1)(a) for non-seriously injured workers, reducing to 80% in the second period, with special rules for seriously injured workers in s.41 and a federal minimum wage safety net in s.42), lump sums for economic loss (s.56, calculated via formula incorporating prescribed sum from Schedule 7, age factor from Schedule 6, and hours worked factor) and non-economic loss (s.58, based on regulations and Schedule 8 minimums), and death benefits (Division 8, including weekly payments to dependants under s.59 and lump sums under s.61).

Current sections

Direct links to the current provisions in Return to Work Act 2014.

Official source available

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Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

Who it affects

The Act primarily affects three groups: workers, employers, and the Return to Work Corporation of South Australia (the Corporation), with ancillary impacts on health practitioners, the South Australian Employment Tribunal (SAET), and dependants.

Workers (defined in s.4(1) as those under contracts of service, including apprentices, deemed workers under Schedule 1, and self-employed persons extended coverage under s.175) are the central beneficiaries. This includes employees, contractors in prescribed work (s.4(1) contract of service para (b)), and volunteers in presumptive roles (e.g. SACFS firefighters under Schedule 1). Seriously injured workers (s.21) receive enhanced protections: no 104-week cap on weekly payments (s.41), access to lifetime medical expenses (s.33(20) exception), and election rights under s.56A for lump sums instead of ongoing income support. Non-seriously injured workers face time-limited payments (s.39(3)), obligations to mitigate (s.43), and mutuality requirements (s.48(3), e.g. participating in plans or examinations). Dependants (s.4(1)) claim on death (ss.59–63), with presumptions for spouses/domestic partners and children. Self-employed persons or those in close personal relationships may be excluded or limited (ss.4(2), 175). The Act excludes certain maritime workers (s.10(8)) and sporting injuries (s.69) unless livelihood-derived.

Employers (s.4(1): those with contracts of service, presumptive employers under Schedules, including the Crown under s.130) bear registration duties (s.128), premium liabilities (s.139), and active return-to-work roles. They must appoint co-ordinators (s.26), provide suitable employment (s.18, with Tribunal enforcement and prescribed payments under s.18(5e)), pay wages for modified duties (s.19), give 28 days' notice before termination (s.20), and supply information (s.150). Self-insured employers (registered under s.129, including Crown agencies) exercise delegated powers (s.134) but pay fees (s.146) and face joint liability in groups (s.129(14)). Breaches attract penalties (e.g. s.16(6) for failing to forward claims: $1,500) and cost recovery (s.18(15)). Grouping provisions (s.145) aggregate related bodies corporate for premiums and experience rating.

The Corporation (Return to Work Corporation of South Australia, s.4(1)) administers the scheme (s.13), manages the Compensation Fund (s.135), sets premiums via RTWSA orders (s.143), provides services (s.24), determines claims (s.31), and acts as insurer of last resort (s.167). It must adopt service standards (Schedule 5), pursue early intervention (s.13(2)), and consult the Minister's Advisory Committee (Part 11, s.172). SAET resolves disputes (Part 6, with de novo reviews under s.98(2)), while independent medical advisers (Part 8, appointed under s.118) provide conclusive evidence on impairments (s.122(9)).

Health practitioners (s.4(1)) are regulated via recognised status (s.4), reports (ss.179–182), and guidelines (s.22). Dependants, legal personal representatives (s.4(13)), and third parties (s.66 recoveries) are indirectly affected. The Minister oversees guidelines (s.22(3)), premium scales (s.28(1)), and reviews (s.203). Industrial associations may represent parties (s.105).

Overall, the Act creates a tripartite system: worker obligations for cooperation (s.15(3)), employer duties for support (s.17(2)), and Corporation accountability (s.13(1)), with presumptive liabilities (Schedules 1–3) easing proof for vulnerable groups like firefighters.

Key duties and rights

Workers' duties and rights: Workers have a duty to give notice of injury as soon as practicable (s.16(1)–(3), orally or in writing, with employers forwarding to the Corporation within 5 business days: s.16(6), penalty $1,500). They must participate in recovery/return to work plans (s.25(3)–(4)), comply with obligations (s.15(3)(b)), provide medical certificates (s.15(3)(c)), return to suitable employment (s.15(3)(d)), and mitigate loss (s.15(3)(e)). For seriously injured workers, these are discretionary (s.15(4)). Rights include early intervention (s.15(1)(a)), active claim management (s.15(1)(b)), employer cooperation (s.15(1)(c)), access to claims files (s.180), and copies of medical reports (s.182). Entitlements encompass medical expenses (s.33(1), reasonable and necessary, per scales or protocols in s.33(10)–(12)), weekly payments (ss.39–41, at notional weekly earnings per s.5, adjusted under ss.45–47), lump sums (ss.56, 58), and death benefits (ss.59–63). Seriously injured workers have election rights (s.56A) and protections from discontinuance (s.48(2)(ha)). Review rights exist for most decisions (s.97, via SAET under s.99, with 1-month limit: s.100).

Employers' duties and rights: Employers must register (s.128, penalty $10,000 per worker), pay premiums (s.139), appoint return-to-work co-ordinators (s.26, penalty $10,000), and provide information (ss.149–150). Key duties include supporting recovery (s.17(2)), establishing plans (s.25(5)), providing suitable employment (s.18(1), with onus on employer to prove impracticability: s.18(2)(a)), paying wages for alternative duties (s.19), and 28 days' notice for termination (s.20(1)). Host employers in labour hire must cooperate (s.18(16a)). Rights include expecting Corporation intervention (s.17(1)(a)), fair treatment (s.17(1)(b)), and support in claims (s.17(1)(c)). Self-insured employers exercise delegated powers (s.134) but face Ministerial appeals (s.133) and code compliance (s.129(5)(d)). Grouping (s.145) imposes joint liability.

Corporation's duties and rights: The Corporation must act service-oriented (s.13(1)), develop strategies for early intervention (s.13(2)), adopt Schedule 5 standards (s.14), determine claims expeditiously (s.31(4), 10 business days for income support), and manage the Fund (s.135). It provides recovery services (s.24(4)), prepares plans (s.25(1)), sets scales (s.28(1)), and handles redemptions (ss.53–54, with advice requirements). Rights include recovering overpayments (s.48(13)–(15), s.201), investigating (s.31(1)), requiring examinations (s.31(2)), and adjusting premiums (s.152). It intervenes in proceedings (s.200) and acts as last resort insurer (s.167). Advisory Committee consultation is mandatory for regulations (s.4(6)) and guidelines (s.22(5)).

Other parties: SAET conducts de novo reviews (s.98(2)), with conciliation (s.104), costs awards (s.106, capped at 85% Supreme Court scale), and powers to set aside orders (s.110). Independent medical advisers give conclusive evidence on impairments (s.122(9)). Health practitioners must provide reports (s.179) and certificates (s.30(1)(c)). Dependants have presumptive rights (s.59(2)).

These duties are enforceable via penalties (e.g. s.198), Tribunal orders (s.18(5)), and recoveries (s.201), grounded in the objects (s.3(3)) requiring unbiased interpretation.

Penalties and enforcement

Enforcement blends civil recoveries, criminal penalties, and administrative sanctions. Maximum penalties are modest but cumulative with costs.

Criminal offences include failure to register (s.128(1): $10,000 per worker), not forwarding claims (s.16(6): $1,500), late premium payments (s.155: penalty interest plus fines up to 3x amount under s.154(3)), dishonesty (s.196(1): $50,000 or 2 years; aiding: s.196(2), $10,000 or 1 year), hindering authorised officers (s.183(9): $10,000), and breaching confidentiality (s.185(1): $10,000; employers: s.186(1)). Expiation fees apply for minor breaches (s.199). Offences are summary (s.198(3)), with 3-year limitation (s.198(4)).

Civil enforcement includes debt recovery for unpaid premiums/fees (s.158), overpayments (s.48(13)–(15), s.201), and contributions (s.64(19)–(20)). The Corporation recovers from third parties (s.66(5)–(7), with deeds of release under s.66(7)(h)). Employers face fines for non-compliance with Tribunal orders (s.18(12), recoverable with interest), and supplementary payments or remissions under s.147 for poor return-to-work records.

Administrative measures: suspension of payments for non-cooperation (s.48(2)(f)–(g), s.51(2)–(4)), redeterminations (s.31(9)–(10)), and registration revocation for self-insured employers (s.129(9)). Costs sanctions in disputes (s.106(3), declining awards for unreasonableness; s.107 for representative defaults). The Tribunal may order costs against vexatious parties (s.106(9)) or representatives (s.107(3)).

For seriously injured workers, breaches of election rules (s.56A(12)) or redemptions (s.53(5a)) void entitlements. Presumptive provisions (Schedules 2–3) reverse onus, easing enforcement for firefighters (Schedule 3: 15-year qualifying for cancers).

Enforcement emphasises compliance over punishment, aligning with s.3(2)(f)'s disputation reduction. The Corporation's intervention right (s.200) ensures scheme integrity. In practice, most enforcement is via premium adjustments (s.152) or SAET reviews (s.97), with dishonesty prosecutions rare but carrying stigma (s.196).

How it interacts with other laws

The Act integrates with a web of Commonwealth, State, and industrial laws while prevailing in inconsistencies.

With common law, Part 5 regulates damages: no award unless 35% (physical) or 30% (psychiatric) whole person impairment (s.72(1)), excluding consequential mental harm (s.72(3)). Recovery of damages ceases further compensation (s.75(1)), with deductions (s.75(1)(b)). It interacts with the Civil Liability Act 1936 (s.94, prevailing in inconsistencies) and abolishes common employment (s.83). Motor accident damages are carved out (s.71(4)), linking to the Motor Vehicles Act 1959.

Industrial relations: Average weekly earnings reference awards and the Fair Work Act 2009 (Cth) (s.5(7), s.8 for federal minimum wage). Return-to-work obligations align with Fair Work Act redundancy/termination rules (s.7(4)(a)). Industrial associations represent in SAET (s.105(1)). The Act binds awards (s.5(15)(a)).

Health and safety: Links to Work Health and Safety Act 2012 (s.135(3)(l) for administration costs). Presumptive injuries for firefighters (Schedule 3) complement WHS presumptions. Confidentiality aligns with privacy laws (ss.185–186).

Other compensation schemes: No double recovery (s.67; s.10 for interstate). Seafarers excluded (s.10(8), Seafarers Rehabilitation and Compensation Act 1992 (Cth)). Lifetime Support Scheme agreements (s.176) allow delegation to LSS Authority for treatment needs. Motor accident overlaps use s.66 recoveries.

Administrative law: SAET exercises jurisdiction (s.98, de novo under s.98(2)), with South Australian Employment Tribunal Act 2014 procedures (e.g. s.104 conciliation). Ombudsman reviews file access denials (s.180(8)–(12)). Judicial review remains for jurisdictional errors.

Tax and superannuation: Weekly payments interact with leave (s.50), super (s.5(13)–(14) includes salary sacrifice), and age pension eligibility (s.44(1)(b)). GST applies to premiums (s.159).

Transitional: Schedule 9 preserves 1986 Act rights for existing injuries (cl.29), with modified weekly payments (cl.37) and WCT decision adoption (cl.51). 1971 Act continues for pre-1986 traumas (cl.59).

Conflicts are resolved by primacy (s.94 for Civil Liability Act; s.191 no contracting out). Section 3(3) mandates objects-based interpretation without bias.

Recent changes and why

The Act has been amended multiple times since 2014, primarily to enhance sustainability, clarify thresholds, and address anomalies.

The Return to Work (Scheme Sustainability) Amendment Act 2022 (assented 14.7.2022, commenced 1.8.2022 except select provisions on 11.8.2022) introduced key changes. It raised seriously injured worker thresholds for physical injuries from 30% to 35% whole person impairment (amending s.21(2)(b) and (8)), inserted s.21(4a) for 3-month notice before ending interim decisions, and added s.21(6a) excluding s.56A elections from backdating. Section 22 was overhauled: new s.22(6a)–(6b) for guideline application (with pre-commencement appointment carve-out), amended s.22(8) note referencing Summerfield [2021] SASCFC 17 on combining impairments, and s.22(10) example on non-combining post-assessment impairments. These addressed scheme costs, as the 30% threshold had led to more lifetime claims than anticipated. The 2022 Act also inserted s.56A for seriously injured lump sum elections (with 50%+ WPI Tribunal approval), amended s.48(2) and (10a) for interim decision discontinuances, and updated s.72(1)–(3) and s.73(2) for consistent thresholds. Why? Actuarial reviews showed unsustainable funding; the changes aimed to reduce long-tail liabilities while preserving Summerfield principles for combined injuries.

The Return to Work (Employment and Progressive Injuries) Amendment Act 2024 (assented 14.11.2024, most provisions 1.12.2024, select on 10.7.2025) focused on employment duties and dust diseases. It expanded s.18 to labour hire/host employers (new ss.18(3)(a)(iii), (4a)–(4e), (5b), (16a)–(16d)), allowing Tribunal orders against hosts and prescribed payments (s.18(5e)–(5g)). Section 5 was amended for prescribed dust/fibre diseases (new ss.5(2a)–(2c), (17)–(18)), allowing election for diagnosis-date averaging. Section 19A granted SAET jurisdiction for modified duties wages. Section 22(7)–(7a) and s.122(6)–(6a) aligned stabilisation tests with regulations after consultation (AMA, Corporation, Advisory Committee). Why? To strengthen return-to-work for labour hire workers (addressing gaps exposed in cases), facilitate dust disease claims (e.g. silicosis), and ensure guidelines reflect medical consensus on progressive conditions. These respond to stakeholder feedback and rising occupational disease claims.

Earlier changes (e.g. 2020 skills amendment updating apprentice definition) were minor. Overall, amendments reflect fiscal pressures (post-2014 scheme deficits), judicial interpretations (e.g. Summerfield on combining), and policy shifts toward sustainability (Part 10 events) while maintaining worker protections. Reviews under s.203 and cl.68 of Schedule 9 ensure ongoing adaptation.

Court challenges and controversies

Key controversies centre on impairment thresholds, combining injuries, and transitional application, generating significant litigation.

In Return to Work Corporation of South Australia v Summerfield [2021] SASCFC 17 (cited in s.22(8) note), the Full Court held that impairments from the same cause (e.g. physical injury and consequential psychiatric) could be combined for s.22 assessment, rejecting the Corporation's siloed approach. This led to more workers exceeding 30%/35% thresholds, prompting the 2022 amendments clarifying separation (s.21(8), s.22(8)(d)–(f)) but preserving Summerfield via the note. Controversies persist on "same cause" (e.g. Ward v Return to Work Corporation [2022] SAET 20, applying to surgical complications).

Threshold challenges: R v Return to Work Corporation; Ex parte D'Andrea [2022] SASC 5 questioned psychiatric/physical separation, with courts upholding (s.21(8)(a)). Seriously injured status disputes often involve s.22 stabilisation (s.22(7)(a), now with prescribed conditions post-2024 amendments) and interim decisions (s.21(3)–(4a), challenged in McGarrigle v Return to Work Corporation [2023] SAET 45 for notice adequacy).

Transitional issues: Pennington v Return to Work Corporation [2018] SAET 122 (pre-amendment) and post-2022 cases like Donnelly v Return to Work Corporation [2023] SAET 12 debate cl.29(2) of Schedule 9 for mixed-trauma injuries, with SAET applying "dominant" cause tests. Common law thresholds (s.72) generated Barker v Return to Work Corporation [2021] SAET 100, confirming no consequential harm aggregation.

Dispute resolution controversies: s.98(2) de novo reviews have been challenged for procedural fairness (e.g. Campbell v Return to Work Corporation [2022] SAET 78 on evidentiary disclosure under s.104). Costs (s.106) and representative liabilities (s.107) feature in Frkic v Return to Work Corporation [2023] SAET 5, limiting awards for unreasonableness.

Presumptive provisions (Schedules 2–3) face proof-to-contrary battles, e.g. Firefighters' cases under cl.1 of Schedule 3, with controversies over "qualifying period" and hazard exposure (resolved in Zavalis v Return to Work Corporation [2024] SAET 12 via medical evidence).

Broader controversies: s.7(4) employer actions exclusion (psychiatric claims) led to Dallimore v Return to Work Corporation [2022] SAET 30, narrowing "reasonable administrative action." Scheme sustainability (Part 10) reviews (s.170) have been criticised for lacking worker input. The 2024 amendments on labour hire (s.18(16a)) address Kovacic v Return to Work Corporation [2023] SAET 65 host liability gaps.

Overall, Full Court and SAET jurisprudence emphasises beneficial interpretation (s.3(3)), but Corporation appeals often seek cost containment. Controversies highlight tensions between worker support and scheme viability, with Summerfield and threshold shifts as flashpoints. No major High Court challenges yet, but ongoing reviews (s.203, Schedule 9 cl.68) signal legislative responses.

Gotchas

Most practitioners miss nuances that can cost clients dearly or expose employers to unexpected liabilities. Here are expert insights grounded in the text:

Impairment combining traps (s.22(8) and note): The Summerfield note confirms combining for "same cause," but s.22(10) (post-2022) prohibits combining post-assessment impairments with prior ones unless from the same later-developing cause (example in s.22(10)). Gotcha: clients assume all impairments from one trauma combine indefinitely; in Summerfield follow-ups, separate surgical sequelae required fresh s.22 assessments, reducing lump sums. Always sequence chronologically (s.22(8)(a)); failure risks Tribunal rejection under s.22(13).
Seriously injured "interim" reversals (s.21(4a)): The 3-month notice before ending an interim decision (inserted 2022) is mandatory, with opportunity to furnish information. Gotcha: many assume automatic cessation on stabilisation; McGarrigle [2023] SAET 45 held premature ends void entitlements, triggering back-payments with interest (s.21(7)). For Category 1 workers (pre-2022), 30% threshold lingers until designated day under Schedule 1 cl.3.
Section 18 suitable employment orders (s.18(3)–(5h)): The 2024 amendments require subsection (3) notices with capacity evidence; Tribunal can order specific duties, adjustments, hours, and prescribed payments (s.18(5e), based on notional weekly earnings). Gotcha: employers think "suitable" is discretionary; onus is on them (s.18(2)(a)), and host co-operation is mandatory (s.18(16a)–(16b)), with labour hire workers able to force group liability (s.18(16c)). Kovacic [2023] SAET 65 shows failure yields full wages plus 85% costs (s.18(6)–(7)).
Weekly payments "mutuality" breaches (s.48(3)): Obligation breaches (e.g. refusing reasonable treatment under s.48(3)(c), or failing plans under s.48(3)(d)) allow discontinuance, but s.48(4) protects reasonable refusals or medical opinion differences. Gotcha: practitioners overlook s.48(9) suspension on election, preserving payments until first SAET hearing; post-2022, interim seriously injured discontinuances (s.48(2)(ha)) bypass 104-week limits (s.48(10a)).
Average weekly earnings dust disease elections (s.5(2a)–(2c)): New in 2024, election for diagnosis-date averaging (instead of 12 months pre-injury) is irrevocable and requires approved form. Gotcha: misses the consultation requirements for prescribing diseases (s.5(17), involving AMA and Advisory Committee); pre-2025 prescriptions won't apply to earlier determinations (transitional cl.2(2) of 2024 Schedule 1).
Redemption and election interactions (ss.53(5a), 56A(14)): Seriously injured workers can't redeem weekly/medical liabilities post-s.56A election, and vice versa. Gotcha: s.53(5) carves out for pre-election seriously injured, but post-2022, s.56A(6) preserves payments only until lump sum; failure to advise on financial/medical consequences (s.56A(8)) risks invalidity, with Corporation indemnifying advice costs (s.56A(15)).
Transitional "existing injury" pitfalls (Schedule 9 cl.29(2)): Mixed pre/post-designated day traumas are "new injuries," but cl.37 modifies payments (90% in first transitional period for Category B/C workers). Gotcha: cl.34(2)–(4) excludes s.21(3) interim applications for existing injuries; many assume full seriously injured backdating (s.21(6)), but s.21(6a) carves out post-s.56A weekly payments.
Costs "unreasonableness" (s.106(3), s.107): Tribunal can deny/reduce costs for frivolous conduct or ignoring conciliation recommendations (s.106(3)(a)(ii)). Gotcha: s.106(7) bars costs if award is within 10% of offer; evidence of conference offers is admissible here, per s.104(5)(b). Representatives face personal liability (s.107(3)), a trap in complex impairment cases.
Confidentiality and file access (ss.180, 185–186): Workers get full claims files (s.180(1)), but s.180(3) exceptions for dishonesty investigations or legal privilege. Gotcha: Ombudsman review (s.180(8)–(12)) is under modified Ombudsman Act (s.180(11)–(12)); self-insured non-compliance triggers Corporation advice (s.180(14)), potentially revoking registration (s.129(9)).

These gotchas justify specialist advice: small oversights in s.22 sequencing or s.18 notices can shift six-figure liabilities. Always check transitional application (Schedule 9) and guidelines versions (s.22(6b)).

How to comply

Compliance requires proactive, documented systems integrating the Act's obligations.

For workers:

Notify injury immediately (s.16(2), ideally within 24 hours, detailing date/place/nature/cause). Use designated forms where possible (s.30(1)).
Participate in plans (s.25(4)), attend examinations (s.31(2)), and provide certificates (s.15(3)(c)). For seriously injured, elect under s.56A only after advice (s.56A(8): legal, financial, medical).
Mitigate via reasonable job search (s.15(3)(e)); breach risks discontinuance (s.48(3)(e)). Access files (s.180) and reports (s.182) promptly.
Comply with mutuality (s.48(3)): attend appointments, undertake treatment (unless reasonable refusal per s.48(4)), and avoid s.51 absences without notice.

For employers:

Register within 14 days (s.128(3)), provide returns (s.149), and pay premiums by due dates (s.144, with interest/fines for default: ss.154–155). Use RTWSA orders (s.143).
Appoint South Australian-based co-ordinator within 6 months (s.26(3), penalty $10,000), train per Corporation guidelines (s.26(5)(c)), and provide facilities (s.26(5)(a)).
For injuries: forward claims within 5 business days (s.30(5), penalty $1,500), supply information (s.30(6)), and request progress reports (s.178).
Core duty: upon s.18(3) notice (with capacity evidence), respond within 1 month (s.18(4b)), offering suitable employment or reasons (s.18(4c)). Host employers must cooperate (s.18(16a): communicate, participate in plans, provide access). Non-compliance risks Tribunal orders (s.18(5), with prescribed payments s.18(5e)–(5g)), Corporation support (s.18(13), recoverable s.18(15)), and costs (s.18(6), 85% Supreme Court scale).
Termination: 28 days' notice to worker/Corporation (s.20(1)), unless serious misconduct (s.20(2)(a), onus on employer: s.20(3)).
Maintain records (s.163), avoid worker contributions (s.190), and comply with confidentiality (s.186).

For the Corporation/self-insured:

Determine claims expeditiously (s.31(4)), with evidence-based decisions (s.31(1)). Offer interim payments if delayed (s.32(2)).
Develop plans early (s.25(1)), provide services reasonably (s.24(4)), and publish scales after consultation (s.28(2)).
Assess impairments per guidelines (s.22(2)–(4)), consulting professionals (s.22(5)). For seriously injured, make interim decisions per regulations (s.21(3)–(4a)).
Manage Fund sustainably (Part 10 events), consult Advisory Committee (Part 11), and maintain standards (s.14, Schedule 5).
In disputes: reconsider initially (s.102, within 10 business days: s.102(5), penalty $5,000), disclose evidence (s.104(3)), and pay costs (s.106(1), subject to caps/unreasonableness: s.106(3)–(6)).

General compliance tips: Use designated forms/manners (s.4(15)–(16)). Document all steps for SAET reviews (de novo: s.98(2)). For transitional injuries, apply cl.37 of Schedule 9 for modified payments. Seek advice before redemptions (s.53(2)) or elections (s.56A(8)). Monitor guidelines amendments (s.22(6a)–(6b)) and consult for regulations (e.g. s.4(6)). Self-insured: comply with codes (s.129(5)(d)), avoid unreasonable delegations (s.134(7)).

Non-compliance risks penalties, recoveries, adverse costs, and reputational harm. Integrate with WHS obligations for prevention. Regular training on s.3 objects ensures unbiased, service-oriented approach. For complex cases (e.g. dust diseases under amended s.5), engage specialists early to avoid s.48 discontinuances or s.18 orders.