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Return to Work Act 2014
Part 12Miscellaneous
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Part 12—Miscellaneous
175—Extension of the application of Act to self-employed persons
(1) The Corporation may, on the application of a person who is self-employed, extend to that person the protection of this Act (or of specified parts of this Act).
(2) An application under subsection (1) may be granted by the Corporation subject to such conditions and limitations as the Corporation thinks fit and any such condition or limitation will, to the extent of any inconsistency, prevail over the provisions of this Act.
176—Agreements with LSS Authority
(1) A prescribed authority may, in accordance with section 55 of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013, enter into an agreement with the LSS Authority for the provision of services to persons—
(a) who have suffered work injuries; and
(b) who, in the opinion of the prescribed authority, would benefit from participating in certain aspects of the Scheme under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 relating to treatment, care and support needs and in having other services (whether under that Act or this Act) provided by the LSS Authority.
(2) If a person is subject to an agreement under this section—
(a) the person is required to comply with the provisions of the agreement insofar as it provides for the provision of services by the LSS Authority; and
(b) the prescribed authority is not required to provide services or compensation under this Act to the extent that they are provided by the LSS Authority under this section (and under section 55 of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013); and
(c) the prescribed authority may, if the agreement so provides and to the extent provided by the agreement, delegate to the LSS Authority any power or discretion that is exercisable in relation to the person under any section of this Act prescribed by the regulations for the purposes of this paragraph (including, in the case of a self‑insured employer, a power or discretion delegated to the self‑insurer employer under Part 9 Division 2 of this Act); and
(d) the prescribed authority must make any payment contemplated by section 55(2)(c) of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 (or under subsection (3)(c)).
(3) If a power or discretion is delegated under subsection (2)(c)—
(a) the prescribed authority may direct the LSS Authority how the LSS Authority is to exercise the power or discretion; and
(b) a decision of the LSS Authority made pursuant to a power or discretion will have effect as a decision of the prescribed authority and will be subject to review and appeal as a decision of the prescribed authority; and
(c) the agreement between the prescribed authority and the LSS Authority may provide for—
(i) a payment or payments to the LSS Authority to ensure that the LSS Authority is appropriately funded to provide any relevant services or compensation under the delegation; and
(ii) other payments in connection with the operation of the agreement,
(with any such payments to be paid into the Fund under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013).
LSS Authority means the Lifetime Support Authority of South Australia;
prescribed authority means—
(a) in relation to a person who suffered a work injury as a worker of a self‑insured employer—that self‑insured employer; and
(b) in any other case—the Corporation.
177—Payment not to constitute an admission of liability
A payment by the Corporation or an employer to a worker does not constitute an admission of liability or estop a subsequent denial of liability.
178—Employer may request progress report
(1) The employer of a worker may at any time request the Corporation to provide a report on—
(a) the medical progress being made by the worker;
(b) the worker's capacity for work as assessed under this Act.
(2) The Corporation must prepare a report requested under subsection (1) within a reasonable time of the request being made and must send copies of the report to the employer and the worker.
179—Copies of medical reports
(1) The Corporation must, within 7 days after receiving a request from a worker's employer (or a representative of such an employer), provide the employer (or the representative) with copies of reports in the Corporation's possession prepared by health practitioners and relevant to the worker's medical condition, the worker's progress in recovery, or the extent of the worker's capacity for work.
(2) An employer must not disclose confidential information about a worker in a report obtained under this section except as may be necessary—
(a) to assist the worker's recovery or return to work; or
(b) for the purposes of proceedings under this Act.
180—Worker's right of access to claims file
(1) Subject to this section, the Corporation or a delegate of the Corporation must, at the request of a worker—
(a) provide the worker, within 45 days after the date of the request, with copies of all documentary material in the possession of the Corporation or the delegate relevant to a claim made by the worker; and
(b) make available for inspection by the worker (or a representative of the worker) all non-documentary material in the possession of the Corporation or the delegate relevant to a claim made by the worker.
(2) Non‑documentary material is to be made available for inspection—
(a) at a reasonable time and place agreed between the Corporation or delegate and the worker; or
(b) in the absence of agreement—at a public office of the Corporation or delegate nominated by the worker at a time (which must be at least 45 days, but not more than 60 days, after the request is made and during ordinary business hours) nominated by the worker.
(3) However, the Corporation or delegate is not obliged to provide copies of material, or to make material available for inspection by the worker if—
(a) the material is relevant to the investigation of suspected dishonesty in relation to the claim; or
(b) the material is protected by legal professional privilege; or
(c) the disclosure of the material could reasonably be expected to endanger the life or physical safety of any person.
(4) A worker who is aggrieved by a decision under subsection (3) is entitled to a review of the decision by the Corporation or the delegate (as the case may be).
(5) An application for review under subsection (4)—
(a) must be made in accordance with the regulations; and
(b) must be made within 30 days after the day on which notice of the decision was given to the worker or within such longer period as the Corporation or delegate may allow.
(6) On an application for review, the Corporation or delegate may confirm, vary or reverse the decision under review.
(7) If the Corporation or delegate fails to make a decision on a review under subsection (6) within 14 days after the application for review is received under subsection (5), the Corporation or delegate will be taken to have confirmed the decision under review.
(8) A worker who is aggrieved by a decision under subsection (6) may apply to the Ombudsman for a review of the decision.
(9) An application for a review under subsection (8)—
(a) must be made in a manner and form determined by the Ombudsman; and
(b) must be made within 30 days after the day on which notice of the decision was given to the worker or within such longer period as the Ombudsman may allow.
(10) The Ombudsman may, in relation to a review under subsection (8)—
(a) exercise the powers of the Ombudsman under the Ombudsman Act 1972 as if carrying out an investigation under that Act, subject to such modifications as may be necessary, or as may be prescribed; and
(b) at the conclusion of the review confirm, vary or reverse the decision under review.
(11) For the purposes of a review of a decision of a self‑insured employer under subsection (8), the self‑insured employer will be taken to be an agency to which the Ombudsman Act 1972 applies.
(12) Section 17(1) of the Ombudsman Act 1972 does not apply in relation to a review under subsection (8).
(13) It will be taken to be a condition of registration as a self‑insured employer that the employer will comply with any decision of the Ombudsman that relates to the employer under subsection (10).
(14) If the Ombudsman becomes aware that a self‑insured employer has failed to comply with a decision of the Ombudsman that relates to the employer under subsection (10), the Ombudsman must advise the Corporation of the failure.
(15) If the Corporation or a delegate of the Corporation mistakenly provides material to a worker to which the worker is not entitled, the worker must return the material within a reasonable time after requested to do so by the Corporation or the delegate.
Maximum penalty: $2 500.
(16) In this section, a delegate of the Corporation includes a self‑insured employer.
181—Medical examination at request of employer
(1) Subject to subsection (2), the employer of a worker who has made a claim under this Act may require the Corporation to have the worker submit to an examination by a recognised health practitioner nominated by the Corporation.
(2) A worker must not be required to submit to examinations under this section more frequently than is permitted by the regulations.
(3) The Corporation may, if it thinks fit, charge the cost of an examination under this section to the employer.
(4) If it appears that there has been undue delay in having a worker examined under this section, the Tribunal may, on application by the employer, give such directions to the Corporation as appear reasonable in the circumstances to expedite the examination.
(5) The Corporation must comply, or take steps to secure compliance, with such a direction.
182—Worker to be supplied with copy of medical report
Where a report is obtained for the purposes of this Act by the Corporation or an employer on the findings made, or the opinions formed, by a health practitioner on the examination of a worker, the Corporation or the employer must, within 7 days after receiving the report, send a copy of the report to the worker.
183—Powers of entry and inspection
(1) For the purposes of this Act, an authorised officer may, at any reasonable time—
(a) enter any workplace;
(b) inspect the workplace, anything at the workplace and work there in progress;
(c) require a person who has custody or control of books, documents or records relevant to any matter arising under this Act to produce those books, documents or records;
(d) examine, copy and take extracts from any such books, documents or records, or require an employer to provide a copy of any such books, documents or records;
(e) take photographs, films or video or audio recordings;
(f) take measurements, make notes and records and carry out tests;
(g) require (directly or through an interpreter) any person to answer, to the best of that person's knowledge, information and belief, any question relevant to any matter arising under this Act;
(h) require an employer to produce any document, or a copy of any document, that is required to be prepared or kept under this Act;
(i) seize any document that has been mistakenly provided by the Corporation under this Act.
(2) If—
(a) a person whose native language is not English is suspected of having breached this Act; and
(b) the person is interviewed by an authorised officer in relation to that suspected breach; and
(c) the person is not reasonably fluent in English,
the person is entitled to be assisted by an interpreter during the interview.
(3) A person is not required—
(a) to provide information under this section that is privileged on the ground of legal professional privilege; or
(b) to answer a question under this section if the answer would tend to incriminate that person of an offence.
(4) An authorised officer, who suspects on reasonable grounds that an offence against this Act has been committed, may seize and retain anything that affords evidence of that offence.
(5) An authorised officer must, at the request of any person from whose possession evidentiary material is seized under subsection (4), provide a receipt for that material.
(6) Where anything has been seized under subsection (4) the following provisions apply:
(a) the thing seized must be held pending proceedings for an offence against this Act related to the thing seized, unless the Minister, on application, authorises its release to the person from whom it was seized, or any person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii));
(b) where proceedings for an offence against this Act relating to the thing seized are instituted within 6 months of its seizure and the person charged is found guilty of the offence, the court may—
(i) order that it be forfeited to the Crown; or
(ii) where it has been released pursuant to paragraph (a)—order that it be forfeited to the Crown or that the person to whom it was released pay to the Minister an amount equal to its market value at the time of its seizure, as the court thinks fit;
(c) where—
(i) proceedings are not instituted for an offence against this Act relating to the thing seized within 6 months after its seizure; or
(ii) proceedings having been so instituted—
(A) the person charged is found not guilty of the offence; or
(B) the person charged is found guilty of the offence but no order for forfeiture is made under paragraph (b),
the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Minister, by action in a court of competent jurisdiction, the thing itself, or if it has deteriorated or been destroyed, compensation of an amount equal to its market value at the time of its seizure.
(7) In the exercise of powers under this section, an authorised officer may be accompanied by such assistants as may be necessary or desirable in the circumstances.
(8) An employer whose workplace is subject to an inspection under this section must provide such assistance as may be necessary to facilitate the exercise of the powers conferred by this section.
(9) A person must not—
(a) hinder or obstruct an authorised officer in the exercise of a power conferred by this section; or
(b) refuse or fail, without lawful excuse, to comply with a requirement under this section.
(10) An authorised officer, or a person assisting an authorised officer, who in the course of exercising powers under this section in relation to an employer—
(a) unreasonably hinders or obstructs the employer in the day to day running of his or her business;
(b) addresses offensive language to the employer or to any other person at the workplace;
(c) assaults the employer or any other person at the workplace,
Maximum penalty:
(a) for an offence against paragraph (a) or (b)—$5 000;
(b) for an offence against paragraph (c)—$5 000 or imprisonment for 1 year.
184—Inspection of place of employment by recovery or return to work adviser
(1) Subject to subsection (2), a designated adviser may inspect the place of employment of an injured worker.
(2) A power of inspection under subsection (1) must be exercised so as to avoid any unnecessary disruption of, or interference with, the performance of work at a place of employment.
(3) A person must not hinder an inspection under this section.
Maximum penalty: $5 000.
(4) A reference in this section to a designated adviser is a reference to a person who has been authorised by the Corporation to act under this section in connection with the provision of recovery/return to work services to a worker or workers for the purposes of this Act.
185—Confidentiality to be maintained
(1) A person must not disclose information (except as permitted by subsection (3)) if—
(a) the person obtained the information in the course of carrying out functions in, or in relation to, the administration, operation or enforcement of this Act; and
(b) the information is—
(i) about commercial or trading operations; or
(ii) about the physical or mental condition, or the personal circumstances or affairs, of a worker or other person; or
(iii) information provided in a return or in response to a request for information under this Act.
(2) The Corporation may enter into arrangements with corresponding workers compensation authorities about sharing information obtained in the course of carrying out functions related to the administration, operation or enforcement of this Act or a corresponding law.
(3) A disclosure of information is permitted if it is—
(a) a disclosure in the course of official duties; or
(b) a disclosure of statistical information; or
(c) a disclosure made with the consent of the person to whom the information relates, or who furnished the information; or
(d) a disclosure made to a corresponding workers compensation authority in accordance with an arrangement entered into under subsection (2); or
(e) a disclosure authorised or required under any other Act or law; or
(f) a disclosure required by a court or tribunal constituted by law, or before a review authority; or
(g) a disclosure to the Corporation or a self-insured employer; or
(h) a disclosure to an injured worker's employer in accordance with this Act; or
(i) a disclosure to the Lifetime Support Authority of South Australia (the LSS Authority)—
(i) for purposes associated with the operation of section 176 of this Act, section 55 of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013, or an agreement envisaged by those sections; or
(ii) without limiting subparagraph (i), so that the LSS Authority may provide services and exercise powers and discretions under this Act or the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013; or
(j) a disclosure made under the authorisation of the Minister; or
(k) a disclosure authorised by regulation.
(4) A regulation made for the purposes of subsection (3)(k) cannot take effect unless it has been laid before both Houses of Parliament and—
(a) no motion for disallowance is moved within the time for such a motion; or
(b) every motion for disallowance of the regulation has been defeated or withdrawn, or has lapsed.
(5) In this section—
corresponding workers compensation authority means any person or authority in another State or a Territory of the Commonwealth with power to determine or manage claims for compensation for injuries arising from employment.
186—Confidentiality—employers
(1) An employer who is registered under this Act, or a person employed by an employer who is registered under this Act, must not disclose information about the physical or mental condition of a worker unless the disclosure is—
(a) reasonably required for, or in connection with, the carrying out of the proper conduct of the business of the employer; or
(b) required in connection with the operation of this Act; or
(c) made with the consent of the person to whom the information relates, or who furnished the information; or
(d) required by a court or tribunal constituted by law, or before a review authority; or
(e) authorised or required under any other Act or law; or
(f) made—
(i) to the Corporation; or
(ii) to the worker's employer; or
(g) made to the Lifetime Support Authority of South Australia (the LSS Authority)—
(i) for purposes associated with the operation of section 176 of this Act, section 55 of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013, or an agreement envisaged by those sections; or
(ii) without limiting subparagraph (i), so that the LSS Authority may provide services and exercise powers and discretions under this Act or the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013; or
(h) made under the authorisation of the Minister; or
(i) authorised by regulation.
(2) A regulation made for the purposes of subsection (1)(i) cannot take effect unless it has been laid before both Houses of Parliament and—
(a) no motion for disallowance is moved within the time for such a motion; or
(b) every motion for disallowance of the regulation has been defeated or withdrawn, or has lapsed.
187—Employer information
The Corporation may, as it thinks fit, disclose the following information in relation to any employer registered (or previously registered) under this Act:
(a) the number of claims (whether under this Act or at common law) in respect of work injuries made by the employer's workers in a particular period;
(b) the cost of claims (whether under this Act or at common law) in respect of work injuries suffered by the employer's workers in a particular period;
(c) the nature of work injuries suffered by the employer's workers;
(d) details of any remission of premiums granted to the employer, or any supplementary payment imposed on the employer, under Part 9 Division 6.
188—Injuries that develop gradually
(1) An injury (not being noise induced hearing loss) that develops gradually or is a disease will be taken to have occurred when the worker first becomes totally or partially incapacitated for work by the injury.
(2) Subject to this section, where a claim is made under this Act in respect of noise induced hearing loss by a worker (not being a person who has retired from employment on account of age or ill‑health), the whole of the loss will be taken to have occurred immediately before notice of the injury was given and, subject to any proof to the contrary, to have arisen out of employment in which the worker was last exposed to noise capable of causing noise induced hearing loss.
(3) If a claim is made under this Act in respect of noise induced hearing loss by a person who has retired from employment on account of age or ill-health, the whole of the loss will be taken to have occurred immediately before the person retired and, subject to any proof to the contrary, to have arisen out of employment in which the person was last exposed to noise capable of causing noise induced hearing loss.
(4) If—
(a) a self-insured employer establishes in accordance with procedures laid down by the regulations that a worker was, at the time of undertaking employment with the employer, suffering from a particular injury; and
(b) the injury is of a prescribed class; and
(c) an aggravation, acceleration, exacerbation, deterioration or recurrence of the injury arises from employment by the employer referred to in paragraph (a); and
(d) the employer pays compensation under this Act in respect of the injury,
the employer may, by action in the Industrial Relations Court of South Australia, recover a fair contribution, determined by the Court, towards the amount of the compensation—
(e) from any self-insured employer from whose employment the injury established under paragraph (a) arose; or
(f) if there is no such self-insured employer—from the Corporation.
(a) an employer (not being a self-insured employer) establishes in accordance with procedures laid down by the regulations that a worker was, at the time of undertaking employment with the employer, suffering from a particular injury; and
(b) the injury is of a prescribed class; and
(c) an aggravation, acceleration, exacerbation, deterioration or recurrence of the injury arises from employment by the employer referred to in paragraph (a); and
(d) the Corporation pays compensation under this Act in respect of the injury,
the Corporation may, by action in the Industrial Relations Court of South Australia, recover a fair contribution, determined by the Court, towards the amount of the compensation from any self‑insured employer from whose employment the injury established under paragraph (a) arose.
189—Certain payments not to affect benefits under this Act
Compensation provided to a person under this Act must not be reduced or otherwise affected by—
(a) an ex gratia payment; or
(b) an accident insurance payment; or
(c) a payment or benefit of a class prescribed by regulation for the purposes of this section.
190—No contribution from workers
(1) An employer must not deduct from the wages of a worker any part of any sum that the employer is or may become liable to pay under this Act.
(2) An employer must not discriminate against a worker on the ground that the employer is liable to pay any sum under this Act to or in relation to the worker.
(3) An employer must not require or permit a worker to contribute in any manner towards indemnifying the employer against any liability which the employer may incur under this Act.
(4) A person who contravenes this section—
(a) is guilty of an offence and liable to a penalty not exceeding $10 000; and
(b) is liable to compensate a worker for any monetary loss suffered by virtue of that contravention.
191—No contracting out
(1) This Act applies despite any contract to the contrary.
(2) Subsection (1) does not apply to or in relation to—
(a) a contract entered into with the consent of the Corporation; or
(b) any circumstances prescribed by the regulations.
192—Non-assignability of benefits
(1) Compensation under this Act—
(a) is not capable of being assigned, charged or attached; and
(b) does not pass to any other person by operation of law,
nor can any claim be set off against that compensation (except as may be otherwise provided under this Act).
(2) Subsection (1) has no effect to the extent to which (but for this subsection) it would operate to prevent—
(a) the satisfaction of an obligation by the worker to maintain another person pursuant to an order of a court of competent jurisdiction; or
(b) the passing of accrued rights of a deceased worker to a legal personal representative.
193—Payments if worker in prison
(1) If a person who is in receipt of weekly payments under this Act is convicted of an offence and committed to prison, then during the period of imprisonment the weekly payments will be suspended by force of this section unless the Corporation determines that they should be paid to the dependants of the prisoner (and any determination of the Corporation is not reviewable).
(2) If the Corporation determines that weekly payments should be paid to the dependants of a prisoner, they will be so paid in such proportions as the Corporation may determine.
194—Service of documents
(1) A notice or other document required or authorised by this Act to be served or given to any person may be served—
(a) personally; or
(b) by leaving the notice or document at an address for service; or
(c) by sending the notice or document or a sealed copy of the notice or document by post addressed to the person at an address for service; or
(d) by sending the notice or document in the form of an electronic document or communication to the person at an electronic address for service; or
(e) by such other method as is permitted by regulations under this Act or by any Act.
(2) In any case to which subsection (1)(c) applies, unless the contrary is proved, service of a notice or document will be taken to have been effected 2 business days after the date of posting.
(3) In subsection (1)—
address for service, in relation to a person, means—
(a) the person's last known place of residence or business; or
(b) an address for service as shown on a claim or a return made or furnished by the person, or on the person's behalf, under this Act (not being an address superseded by a subsequent address for service shown on a later claim or return);
electronic address for service, in relation to a person, means—
(a) the person's last known email address; or
(b) another facility for the receipt of electronic documents that forms part of an electronic messaging system permitted by the regulations.
195—Service of documents on Corporation
Any claim, notice, return or form to be served on the Corporation for the purposes of this Act may be served by lodgment at an office of the Corporation with a person authorised by the Corporation to accept service of documents on its behalf.
196—Dishonesty
(1) A person who—
(a) obtains by dishonest means a payment or other benefit under this Act; or
(b) dishonestly claims to be entitled to a payment or other benefit under this Act; or
(c) dishonestly makes a statement about a claim under this Act knowing the statement is false or misleading; or
(d) dishonestly makes an application, or gives a return, under this Act knowing the application or return to be false or misleading,
Maximum penalty: $50 000 or imprisonment for 2 years.
(2) A person who—
(a) aids, abets, counsels or procures the commission of an offence against subsection (1); or
(b) solicits or incites the commission of any such offence,
Maximum penalty: $10 000 or imprisonment for 1 year.
(3) If a court convicts a person of an offence against this section, or finds a person guilty of such an offence without recording a conviction, the court must, on application by the Corporation or a self-insured employer, order the person who committed the offence—
(a) to make good any loss to the applicant resulting from the commission of the offence; and
(b) to reimburse costs incurred by the applicant in investigating and prosecuting the offence.
197—Evidence
(1) In any legal proceedings, a certificate apparently signed by an officer of the Corporation, certifying—
(a) that a person was, on a day specified in the certificate, an employer;
(b) that a person was, on a day specified in the certificate, a worker,
will, in the absence of proof to the contrary, be proof of the matters stated in the certificate.
(2) In any legal proceedings against a person for failing to register with the Corporation as an employer, a certificate apparently signed by an officer of the Corporation, certifying that the person was not, on a specified day, registered as an employer will, in the absence of proof to the contrary, be proof of the matters stated in the certificate.
(3) In any legal proceedings, a certificate apparently signed by an officer of the Corporation, certifying that an amount specified in the certificate is payable to the Corporation, by way of premium, fee, supplementary payment or fine, by a person named in the certificate, will, in the absence of proof to the contrary, be proof of the liability.
(4) In any proceedings against a person for failing to furnish a return under this Act, a certificate apparently signed by an officer of the Corporation certifying that the return was not received before the expiration of the period within which it was required to be furnished will, in the absence of evidence to the contrary, be proof that the defendant failed duly to furnish the return.
(5) In any proceedings, a certificate apparently under the seal of the Corporation certifying that an officer of the Corporation named in the certificate was, on a day specified in the certificate, invested with specified delegated powers or functions will, in the absence of evidence to the contrary, be proof of the matters stated in the certificate.
(6) In this section—
officer of the Corporation includes a person who, although not an officer of the Corporation, is acting under a delegation of the Corporation.
198—Offences
(1) A person who contravenes or fails to comply with a provision of this Act is guilty of an offence.
(2) A person who is guilty of an offence against this Act for which no penalty is specifically provided is liable to a fine not exceeding $5 000.
(3) Proceedings for an offence against this Act will be disposed of summarily.
(4) A prosecution for an offence against this Act must be commenced within 3 years after the date on which the offence is alleged to have been committed.
(5) Subsection (1) does not render the Corporation, a member of the staff of the Corporation, or any person acting on behalf of the Corporation, liable to prosecution for any act or omission related to the administration or enforcement of this Act.
199—Expiation fees
Expiation fees may be fixed, by regulation, for alleged offences against this Act.
200—Right of intervention
The Corporation has a right to intervene and be heard in—
(a) any proceedings under this Act before the Tribunal; or
(b) any proceedings before a court—
(i) in which the interpretation or application of this Act or the repealed Act is in issue; or
(ii) in which the Corporation's interests may be directly or indirectly affected.
201—Recovery of payments
(1) In addition to the other provisions of this Act, the Corporation may recover (as a debt) from a worker, an employer or any other person any payment of compensation or other amount to which the worker, employer or other person is not entitled under this Act.
(2) Subsection (1) extends to a situation where the Corporation is correcting an error, mistake or oversight, or revising an assessment, previously made by the Corporation under this Act.
(3) If the Corporation recovers or receives from a worker or other person an amount on account of compensation paid by the worker's employer, the Corporation may reimburse the amount to the employer.
(4) This section does not limit any other right of a recovery under another section of this Act.
202—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 Corporation; and
(c) require the giving of notice to the Corporation 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) make provisions with respect to the operation of this Act in relation to self‑insured employers; and
(f) provide for the waiver of any fee prescribed by the regulations; and
(g) impose penalties, not exceeding $20 000, for a contravention of, or failure to comply with, a regulation; and
(h) provide that an amount prescribed by the regulations may be adjusted on an annual basis according to changes in the Consumer Price Index (with amounts being able to be rounded up under a scheme prescribed by the regulations).
(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
(b) be of general or limited application; 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 Corporation.
203—Review of Act
(1) The Minister must cause a review of this Act and its administration and operation to be conducted on the expiry of 3 years from its commencement.
(2) The review must include an assessment of—
(a) the extent to which the scheme established by this Act and the dispute resolution processes under this Act and the South Australian Employment Tribunal Act 2014 have achieved a reduction in the number of disputed matters and a decrease in the time taken to resolve disputes (especially when compared to the scheme and processes applying under the repealed Act); and
(b) without limiting paragraph (a), whether the jurisdiction of the South Australian Employment Tribunal under this Act should be transferred to the South Australian Civil and Administrative Tribunal; and
(c) the extent to which there has been an improvement in the determination or resolution of medical questions arising under this Act (especially when compared to the system applying under the repealed Act),
and may include any other matter that the Minister considers to be relevant to a review of this Act.
(3) The review must be completed within 6 months and the results of the review embodied in a written report.
(4) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after receiving the report.