Div 13Regulations

Division 13—Regulations 69—Additional transitional provisions—regulations (1) The 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. (2) A 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. (3) To 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. Legislative history Notes • This version is comprised of the following: Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Schedule 8 Schedule 9 • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For 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. Legislation repealed by principal Act The Return to Work Act 2014 repealed the following: Workers Rehabilitation and Compensation Act 1986 Legislation amended by principal Act The Return to Work Act 2014 amended the following: Civil Liability Act 1936 Judicial Administration (Auxiliary Appointments and Powers) Act 1988 Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 Supreme Court Act 1935 WorkCover Corporation Act 1994 Workers Rehabilitation and Compensation Act 1986 Work Health and Safety Act 2012 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Return to Work Act 2014 6.11.2014 Sch 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) Training and Skills Development (Miscellaneous) Amendment Act 2020 19.11.2020 Sch 1 (cl 8)—1.7.2021 (Gazette 24.6.2021 p2260) Return to Work (Scheme Sustainability) Amendment Act 2022 14.7.2022 1.8.2022 (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) Return to Work (Employment and Progressive Injuries) Amendment Act 2024 14.11.2024 1.12.2024 (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) Return to Work (Presumptive Firefighter Injuries) Amendment Act 2025 4.12.2025: s 2 Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 s 4 s 4(1) apprentice amended by 40/2020 Sch 1 cl 8 physical injury inserted by 4/2022 s 3 s 4(18)—(20) inserted by 50/2024 s 3 s 5 s 5(2) amended by 50/2024 s 4(1) s 5(2a)—(2c) inserted by 50/2024 s 4(2) s 5(16) amended by 50/2024 s 4(3) s 5(17) and (18) inserted by 50/2024 s 4(4) Pt 2 s 7 s 7(2) amended by 4/2022 s 4 s 17A inserted by 50/2024 s 5 s 18 s 18(1) amended by 50/2024 s 6(1) s 18(2) amended by 50/2024 s 6(2), (3) s 18(3) and (4) substituted by 50/2024 s 6(4) s 18(4a)—(4e) inserted by 50/2024 s 6(4) s 18(5) amended by 50/2024 s 6(5) s 18(5a)—(5h) inserted by 50/2024 s 6(6) s 18(6) and (7) substituted by 50/2024 s 6(7) s 18(7a)—(7d) inserted by 50/2024 s 6(7) s 18(9) amended by 50/2024 s 6(8) s 18(14) amended by 50/2024 s 6(9) s 18(16) amended by 50/2024 s 6(10) s 18(16a)—(16d) inserted by 50/2024 s 6(11) s 18(17) substituted by 50/2024 s 6(12) s 19 amended by 50/2024 s 7 s 19A inserted by 50/2024 s 8 s 21 s 21(2) substituted by 4/2022 s 5(1) s 21(3) and (4) substituted by 4/2022 s 5(2) s 21(4a) inserted by 4/2022 s 5(2) s 21(6a) inserted by 4/2022 s 5(3) s 21(8) substituted by 4/2022 s 5(4) s 22 s 22(4) (e) deleted by 4/2022 s 6(1) s 22(6) substituted by 4/2022 s 6(2) s 22(6a) inserted by 4/2022 s 6(2) amended by 50/2024 s 9(1) s 22(6b) inserted by 50/2024 s 9(2) s 22(7) amended by 50/2024 s 9(3) 1.12.2024 except (a)(ii)—10.7.2025 s 22(7a) inserted by 50/2024 s 9(4) s 22(8) note inserted by 4/2022 s 6(3) s 22(9a) inserted by 4/2022 s 6(4) s 22(10) substituted by 4/2022 s 6(5) s 22(11) deleted by 4/2022 s 6(5) s 22(19) inserted by 4/2022 s 6(6) Pt 3 s 25 s 25(3) amended by 50/2024 s 10(1) s 25(4) amended by 50/2024 s 10(2) s 25(5) amended by 50/2024 s 10(3), (4) s 25(7) amended by 50/2024 s 10(5) s 25(10a) inserted by 50/2024 s 10(6) s 25(12)—(14) inserted by 50/2024 s 10(7) Pt 4 s 37 amended by 50/2024 s 11 s 40 s 40(1) amended by 4/2022 s 7 s 42 s 42(2) amended by 50/2024 s 12 s 48 s 48(2) amended by 4/2022 s 8(1) amended by 50/2024 s 13 s 48(10a) inserted by 4/2022 s 8(2) s 53 s 53(2) amended by 4/2022 s 9(1) s 53(5a) inserted by 4/2022 s 9(2) s 54 s 54(2) deleted by 4/2022 s 10 s 56 s 56(1) amended by 4/2022 s 11(1) s 56(4) PS amended by 4/2022 s 11(2) s 56(5) substituted by 4/2022 s 11(3) s 56(8) substituted by 4/2022 s 11(4) s 56(9) deleted by 4/2022 s 11(4) s 56(12) inserted by 4/2022 s 11(5) s 56A inserted by 4/2022 s 12 s 58 s 58(6) substituted by 4/2022 s 13(1) s 58(9) substituted by 4/2022 s 13(2) s 58(10) deleted by 4/2022 s 13(2) Pt 5 s 72 heading amended by 4/2022 s 14(1) s 72(1) substituted by 4/2022 s 14(2) s 72(3) substituted by 4/2022 s 14(3) s 73 s 73(2) amended by 4/2022 s 15(1) s 73(4) amended by 4/2022 s 15(2) s 73(5) amended by 4/2022 s 15(3) Pt 6 s 97 amended by 4/2022 s 16 Pt 7 s 115 s 115(1) amended by 4/2022 s 17 Pt 8 s 122 s 122(6) amended by 50/2024 s 14(1) 1.12.2024 except (a)(ii)—10.7.2025 s 122(6a) inserted by 50/2024 s 14(2) Pt 9 s 129 s 129(12a) inserted by 50/2024 s 15 s 134 s 134(1) amended by 4/2022 s 18 Sch 3 cl 1 table amended by 75/2025 s 3(1), (2) Sch 7 amended by 4/2022 s 19 Sch 9 Pts 3—9 omitted under Legislation Revision and Publication Act 2002 Pt 10 cl 69 cl 69(1) substituted by 4/2022 s 20(1) cl 69(2) amended by 4/2022 s 20(2) Transitional etc provisions associated with Act or amendments Return to Work (Scheme Sustainability) Amendment Act 2022, Sch 1—Transitional provisions Category 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; Category 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; compensating authority means the Corporation or a self-insured employer; designated day means a day appointed by proclamation as the designated day for the purposes of the provision in which the term is used; designated 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; interim 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; principal Act means the Return to Work Act 2014; relevant day means a day appointed by proclamation as the relevant day for the purposes of the provision in which the term is used. (2) Other terms used in this Schedule have meanings consistent with the meanings they have in the principal Act. 2—Application of amendments—seriously injured workers threshold (1) This clause applies in relation to work injuries other than psychiatric injuries. (2) Subject 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). (3) Where 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. (4) For 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). Example 1— If 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. Example 2— If 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). 3—General provision and thresholds—seriously injured workers (1) Subject to this Schedule and the other provisions of this Act— (a) a 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 (b) a 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. (2) In the case of a Category 1 seriously injured worker— (a) in 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 (b) 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— (i) in the case of psychiatric injury—30% or more under Part 2 Division 5 of the principal Act; and (ii) in the case of physical injury—35% or more under Part 2 Division 5 of the principal Act. (3) In 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— (a) in the case of psychiatric injury—30% or more under Part 2 Division 5 of the principal Act; and (b) in the case of physical injury—35% or more under Part 2 Division 5 of the principal Act. 4—Elections—seriously injured workers (1) This clause applies in relation to the operation of section 56A of the principal Act, as enacted by this Act. (2) If 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. (a) a worker is a Category 1 seriously injured worker; and (b) 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 (c) that assessment is made before the designated day, the worker may make an election under section 56A and subclause (4) will apply in relation to the worker. (4) If 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: (a) the 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; (b) the total payment under section 56 that the worker can receive cannot exceed the prescribed sum applicable for 29% whole person impairment; (c) section 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— (i) the payments are made on or after the designated day under this subclause and before the date of the election; and (ii) the 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— (A) in 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 (B) in any other case—the day on which the election is received by the Corporation under section 56A. (5) If a worker— (a) is a Category 1 seriously injured worker who is assessed to be a designated worker on or after the designated day under subclause (3); or (b) is a Category 2 seriously injured worker, the 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. (6) If 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: (a) the 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; (b) section 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— (i) the payments are made on or after the designated day under this subclause and before the date of the election; and (ii) the 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— (A) in 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 (B) in any other case—the day on which the election is received by the Corporation under section 56A. (7) Despite 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. 5—Interim decisions under section 21(3) of Act (1) This clause applies in relation to the application of the amendments made by section 5(2) of this Act. (2) In 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. (3) The amendments made by section 5(2) of this Act apply as follows: (a) in relation to a Category 1 seriously injured worker— (i) the principal Act as amended by section 5(2) of this Act will apply from the designated day under this subparagraph; and (ii) until 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 (iii) on 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; (b) in 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. 6—Amendment or substitution of Impairment Assessment Guidelines (1) Subject 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). (2) The 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. (3) The 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. (4) Despite 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. 7—Impairment Assessment Guidelines (1) The 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. (2) Subclause (1) does not apply in relation to the Impairment Assessment Guidelines that apply under clause 6(4). 8—Supplementary income support The amendment made to the principal Act by section 7 of this Act applies in relation to surgery approved by a compensating authority— (a) before the designated day in relation to surgery that is conducted on or after the designated day; or (b) on or after the designated day. Return to Work (Employment and Progressive Injuries) Amendment Act 2024, Sch 1—Transitional provisions designated day means a day appointed by proclamation as the designated day for the purposes of the provision in which the term is used; principal Act means the Return to Work Act 2014. (2) Other terms used in this Schedule have meanings consistent with the meanings they have in the principal Act. 2—Average weekly earnings (1) Section 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. (2) If, 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. 3—Employer's duty to provide work The 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). 4—Monetary claims Section 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. 5—Amendment of Impairment Assessment Guidelines (1) The first edition of the Impairment Assessment Guidelines is amended or modified in the manner set out in this clause. (2) Clause 1.13 and 1.14 of the Impairment Assessment Guidelines—delete the clauses and substitute: 1.13 An 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. 1.14 If an assessment cannot proceed under clause 1.13, the assessor must provide an explanation about why the assessment must be deferred. (3) Clause 2.3 of the Impairment Assessment Guidelines—delete "must be at MMI" and substitute: must be stabilised (4) Clause 2.22 of the Impairment Assessment Guidelines—delete "to permit adequate time to achieve MMI" and substitute: to allow adequate time for the injury to have stabilised (5) Clause 3.47 of the Impairment Assessment Guidelines—delete "to permit adequate time to achieve MMI" and substitute: to allow adequate time for the injury to have stabilised (6) Clause 16.4 of the Impairment Assessment Guidelines—delete "must have reached maximum medical improvement (MMI – refer introduction 1.13 – 1.14)" and substitute: must satisfy the requirements of section 22(7)(a) of the Act (7) Clause 17.3 of the Impairment Assessment Guidelines—delete "has stabilised/reached MMI" and substitute: satisfies the requirements of section 22(7)(a) of the Act (8) Appendix 1 of the Impairment Assessment Guidelines—delete "MMI" and substitute: the injury being stabilised (9) Appendix 3 of the Impairment Assessment Guidelines—delete the item relating to "MMI". (10) A 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. (11) To 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. Historical versions