Part 10Miscellaneous

Part 10—Miscellaneous 63—Access to claim file (section 180 of Act) For the purposes of section 180(5)(a) of the Act, an application for review of a decision— (a) must be in writing; and (b) must be addressed to the Chief Executive Officer of the Corporation or the self-insured employer (as the case requires); and (c) must specify an address in Australia to which notice of the decision of the review should be sent. 64—Medical examination requested by employers (section 181 of Act) For the purposes of section 181(2) of the Act, a worker is not required to submit to examinations under section 181 more frequently than once in every 2 months. 65—Disclosure of information (section 185 of Act) (1) For the purposes of section 185(3)(k) of the Act, the following disclosures are authorised: (a) a disclosure made to Safe Work Australia or a Commonwealth workers compensation authority in accordance with an arrangement about sharing information obtained in the course of carrying out functions related to the administration, operation or enforcement of the Act; (b) a disclosure made to the SafeWork SA Advisory Committee or the Department in accordance with an arrangement about sharing information obtained in the course of carrying out functions related to the administration, operation or enforcement of the Act; (c) a disclosure made to a tax officer of any of the following in respect of an employer registered under the Act: (i) the employer's name, trading name, RTWSA employer registration number, postal address or telephone number; (ii) the location of the employer's head office or other workplaces; (iii) the employer's ACN and ABN; (iv) an estimate of the aggregate remuneration expected to be paid to the employer's workers during a financial year; (v) the actual remuneration paid to the employer's workers during a financial year; (vi) the relevant class or classes of industry (as determined by the Corporation) in which the employer employs workers; (vii) the date of the employer's registration under the Act; (viii) the date of cancellation of the employer's registration under the Act; (ix) the status of the employer's registration under the Act. Commonwealth workers compensation authority means a person or authority of the Commonwealth with power to determine or manage claims for compensation for injuries arising from employment; Department has the same meaning as in the Work Health and Safety Act 2012; tax officer has the same meaning as in the Taxation Administration Act 1996. 66—Disclosure of information (section 186 of Act) For the purposes of section 186(1)(i) of the Act, a disclosure of information is authorised if— (a) the information— (i) constitutes, or is contained in, a claim summary report provided to the employer by or on behalf of the Corporation; or (ii) in the case of a self‑insured employer—constitutes, or is contained in, a summary report prepared by the employer that provides information that is similar to the information contained in reports provided under subparagraph (i); and (b) the disclosure is reasonably required for, or in connection with, the possible or proposed transfer of the business of the employer. 67—Noise induced hearing loss (section 188 of Act) (1) For the purposes of section 188(4) and (5) of the Act, the following procedures apply for the purpose of establishing whether a worker is suffering from hearing loss that may be noise induced: (a) the worker must first undergo an audiometric test of hearing conducted by— (i) a medical practitioner; or (ii) an audiologist; or (iii) an audiometrist; (b) in addition to an audiometric test, a legally qualified medical practitioner registered in the speciality of otorhinolaryngology, or approved by the Corporation, must carry out a physical examination of the worker (and any other appropriate investigation that the medical practitioner considers necessary) to determine whether the worker's hearing loss is noise induced or is due, or partly due, to ear disease or other causes of hearing loss and must, having regard to the results of the audiometric test of hearing, determine the noise induced hearing loss of the worker as a binaural noise induced hearing loss expressed as a percentage loss of hearing. (2) For the purposes of subregulation (1)(a)— (a) an audiometric test must include air‑conduction and bone‑conduction pre‑tone threshold measures with appropriate masking; and (b) air‑conduction testing must comply with the requirements of section 7—Audiometry and section 8—Audiometric test procedures of AS/NZS 1269.4:2005 Occupational noise management—Part 4: Auditory assessment; and (c) bone‑conduction testing must comply with the Audiological Society of Australia Professional Standards of Practice; and (d) during an audiometric test, the hearing levels of the worker must be determined at audiometric test frequencies, 500, 1 000, 1 500, 2 000, 3 000 and 4 000Hz with an audiometer calibrated to the reference specified in AS IEC 60645—1:2002 Electroacoustics—Audiological equipment, Part 1 Pure tone audiometers (IED 60645—1:2001, MOD) and AS/NZS 1591.1:1995 Part 1: Reference zero for the calibration of pure tone bone conduction audiometers, and the instrumentation for bone conduction audiometry must also comply with AS/NZS 1591.4:1995 Part 4: A mechanical coupler for calibration of bone vibrators; and (e) if noise induced hearing loss is diagnosed, the hearing levels of the better and worse ear must be determined at each audiometric test frequency and, using the hearing levels obtained, a percentage loss of hearing must be read at each audiometric test frequency in accordance with the appropriate tables so as to obtain 6 values of percentage loss of hearing, and those 6 values of percentage loss of hearing are to be added together to obtain the binaural percentage loss of hearing; and (f) if the worker is a man of or over the age of 56 years or a woman of or over the age of 69 years, the value in table P set out in Appendix 5 of NAL Report No 118 appropriate to the worker's age and sex must be subtracted from the binaural percentage of loss of hearing obtained in accordance with the procedure set out in paragraph (e). (3) For the purposes of section 188(4) and (5) of the Act, noise induced hearing loss is a prescribed injury. (4) In this regulation— appropriate tables means tables RB‑500 to RB‑4000 (inclusive) set out in Appendix 3 of NAL Report No 118; audiologist means a person who is either a full member, or eligible to be a full member, of the Audiological Society of Australia and who holds, or is eligible to hold, a Certificate of Competency of the Society; audiometrist means a person who is either an ordinary member, or eligible to be an ordinary member, of the Australian College of Audiology; Hz means Hertz where 1 Hertz equals 1 cycle per second; NAL Report No 118 means the report entitled Improved Procedure for Determining Percentage Loss of Hearing published by the National Acoustic Laboratories in January 1988 (ISBN 0 644 06884 1). 68—Expiation of section 128 offences (section 199 of Act) (1) For the purposes of section 199 of the Act, the following is fixed as the expiation fee for an alleged offence against section 128 of the Act: (a) $566 (indexed); or (b) 5% of the aggregate remuneration paid to the employer's workers during the period for which the employer is in breach of the section, whichever is the greater. remuneration has the same meaning as under Part 9 Division 4 of the Act (but does not include remuneration paid to any worker in respect of whom an employer is not required to be registered under section 128 of the Act). 69—Volunteers (Schedule 1 of Act) (1) For the purposes of Schedule 1 clause 1(3) of the Act— (a) each of the following is prescribed as a class of persons: (i) volunteer SASES members; (ii) volunteer marine rescue members; (iii) volunteer fire-fighters; and (b) the following activities are prescribed as a class of work in relation to volunteer SASES members: (i) any activity directed towards dealing with an emergency that requires SASES to act to protect life, property or the environment; (ii) attending in response to a call for assistance by SASES; (iii) attending a SASES meeting, competition, training exercise or other organised activity; (iv) any other activity carried out in relation to the functions of SASES under the Fire and Emergency Services Act 2005; and (c) the following activities are prescribed as a class of work in relation to volunteer marine rescue members: (i) any activity directed towards— (A) dealing with an emergency that requires a marine rescue association to act to protect life, property or the environment; or (B) provision of marine radio monitoring or the broadcast of safety messages; (ii) attending in response to a call for assistance by a marine rescue association; and (d) the following activities are prescribed as a class of work in relation to volunteer fire‑fighters: (i) any activity directed towards preventing, controlling or extinguishing a fire, or dealing with any other emergency that requires SACFS to act to protect life, property or the environment; (ii) attending in response to a call for assistance by SACFS; (iii) attending a SACFS meeting, competition, training exercise or other organised activity; (iv) any other activity carried out in relation to the functions of SACFS under the Fire and Emergency Services Act 2005. marine rescue association means— (a) The Australian Volunteer Coast Guard Association (SA Group) Incorporated; or (b) Royal Volunteer Coastal Patrol (SA) Incorporated; or (c) The South Australian Sea Rescue Squadron Incorporated; or (d) Victor Harbor‑Goolwa Sea Rescue Squadron Incorporated; or (e) Whyalla Sea Rescue Squadron Incorporated; or (f) Air Sea Rescue Squadron Cowell Incorporated; volunteer fire-fighter means— (a) a fire control officer under the Fire and Emergency Services Act 2005; or (b) a person who, at the request or with the approval of a person who is apparently in command pursuant to Part 4 of the Fire and Emergency Services Act 2005, at the scene of a fire or other emergency, assists in fire‑fighting or dealing with the emergency, who receives no remuneration in respect of his or her service in that capacity; volunteer marine rescue member means a member of a marine rescue association who receives no remuneration in respect of his or her service in that capacity; volunteer SASES member means a member of SASES within the meaning of the Fire and Emergency Services Act 2005 who receives no remuneration in respect of his or her service in that capacity.