Return to Work (Transitional Arrangements) (General) Regulations 2015

The Regulations hinge on a small set of technical concepts drawn from the Return to Work Act 2014 and from the repealed regulatory regime.

• Existing injury. The Regulations adopt the Act's definition of "existing injury" by reference to Part 10 of Schedule 9 of the Act (regulation 3). The source text does not reproduce that definition, but uses the term consistently to mark injuries that pre‑date or straddle the transition from the repealed Act and its regulations to the Return to Work Act 2014 regime.

• Designated worker. Regulation 4(1) defines a designated worker as a worker who has suffered an existing injury that gave rise to a permanent impairment under the repealed Act which gave rise to a payment of compensation for non‑economic loss by way of lump sum under the repealed Act as it stood before 1 April 2009. The definition therefore focuses on a discrete class: workers who both had an assessment of permanent impairment under the older Act and were paid a lump sum non‑economic loss under that older law.

• Relevant compensating authority. Both regulation 4 and regulation 5 define the "relevant compensating authority" to be either the Corporation or, where the relevant existing injury arose in employment with a self‑insured employer, the self‑insured employer (regulation 4(1)(b); regulation 5(1)). That concept determines which body must undertake the procedural duties created by the Regulations.

• Assessment framework. Assessments ordered under regulation 4 must be made in accordance with the Impairment Assessment Guidelines and by a medical practitioner who holds the accreditation required by section 22 of the Act (regulation 4(3)). The Regulations therefore anchor the measurement technique and the minimum qualifications of the assessor to material and rules external to the Regulations: the Guidelines and the Act.

• Preservation and mapping of old regulation. Regulation 5(2) preserves the continued application of Schedule 4 of the Workers Rehabilitation and Compensation Regulations 2010 in respect of an existing injury, despite the revocation of those 2010 regulations. The same subregulation expressly treats references in the 2010 regulations to a worker's whole of person impairment under the repealed Act as if they were references to a worker's degree of whole person impairment assessed under Part 2 Division 5 of the Return to Work Act where an assessment is made under the new Act. This mapping creates continuity in the calculation of non‑economic loss where jurisdiction for assessment moved to the Return to Work Act.

• Transitional lump sum top‑up pathway. Regulation 5(3) to (5) create a narrowly framed pathway for workers whose existing injury affected more than one part of the body, and where an earlier determination or Tribunal order produced payment under the repealed Act but did not cover all aspects of non‑economic loss. The pathway requires application to the relevant compensating authority before 1 July 2016, stabilisation of the injury, and satisfaction by the compensating authority that compensation is payable under the repealed Act and the 2010 regulations as preserved by regulation 5(2). The pathway excludes post‑1 July 2015 aggravations and sequelae.

• Procedural exemptions. Regulation 6 removes the application of section 185(4) of the Act to regulations made for the purposes of section 185(3)(k) that are expressed to commence on 1 July 2015, and similarly removes the application of section 186(2) for regulations made for the purposes of section 186(1)(i) that are expressed to commence on 1 July 2015. The Regulations do not restate what those sections require; instead they flatly declare that those Act provisions do not apply in the two specified contexts for regulations coming into operation on that date.

These concepts structure the flow of claims and administrative duties. Designated workers can seek a reassessment of whole person impairment under a specified regime. Workers with partly covered multi‑part injuries can apply for additional non‑economic loss within a narrow window and subject to conditions. The compensating authority is central, and whether the Corporation or a self‑insurer is the "relevant compensating authority" determines who arranges assessments and who decides on an application for additional lump sums.

The Regulations implicate four categories of actors directly and a number of secondary actors indirectly.

Directly affected persons and entities

• Designated workers. Defined in regulation 4(1) as workers who suffered an existing injury that gave rise to a permanent impairment under the repealed Act and resulted in payment of a lump sum non‑economic loss under the repealed Act prior to 1 April 2009. These workers gain an application route to a reassessment of whole person impairment for the purpose of determining whether they are "seriously injured" under the Return to Work Act 2014 (regulation 4(1) and (2)).

• Workers with existing injuries resulting in entitlements to non‑economic loss under the repealed Act. Regulation 5 creates a transitional pathway for certain of these workers whose injuries affected more than one part of the body and where previous determinations/orders did not cover all aspects of non‑economic loss. These workers may apply for additional compensation in specified circumstances, provided they apply before 1 July 2016 and the injury has stabilised (regulation 5(3) and (4)).

• Relevant compensating authorities. This term is defined in both regulation 4 and regulation 5 to be the Corporation unless the injury arose from employment by a self‑insured employer, in which case the self‑insured employer is the relevant compensating authority (regulation 4(1); regulation 5(1)). The relevant compensating authority bears the principal administrative duties created by the Regulations: arranging impairment assessments on application from designated workers (regulation 4(2)) and assessing and potentially paying additional non‑economic loss under the transitional provision where conditions are met (regulation 5(4)).

Secondary or peripheral actors

• Accredited medical practitioners. Assessments under regulation 4 must be carried out by a medical practitioner who holds the accreditation required under section 22 of the Act (regulation 4(3)). Availability of accredited practitioners and the publication of the Impairment Assessment Guidelines are preconditions to undertaking assessments, per the express text: an assessment will not be undertaken unless or until the Guidelines have been published and a suitable medical practitioner is available (regulation 4(3)).

• The Corporation. Identified as the fallback relevant compensating authority in both regulation 4 and regulation 5 where the case is not a self‑insurer matter (regulation 4(1); regulation 5(1)). The Corporation therefore can be required to arrange and fund impairment assessments, and to determine transitional lump sum applications.

• Self‑insured employers. Where the relevant existing injury arose in employment with a self‑insured employer, that employer becomes the relevant compensating authority and assumes the duties and decision responsibilities set by the Regulations (regulation 4(1); regulation 5(1)).

• Administrative and review bodies. Regulation 5(6) declares decisions on applications under regulation 5(4) to be reviewable under section 97 of the Act. Thus tribunals or courts associated with review under that section may be involved, although the Regulations themselves do not create or specify those review routes beyond declaring reviewability (regulation 5(6)).

Who pays, who decides

• Who pays. For assessments and for any additional lump sum payments under the transitional pathway, the relevant compensating authority is responsible. That means either the Corporation or the self‑insured employer must arrange the assessment and, if liable, pay additional non‑economic loss in accordance with the preserved rules (regulation 4(2); regulation 5(4)).

• Who decides. The relevant compensating authority decides whether to arrange the assessment (it must arrange on application, subject to exclusions), and whether compensation is payable under the transitional pathway. Regulation 4(4) permits the relevant compensating authority to avoid the assessment mechanism under regulation 4 if it has notified the worker that it is willing to make a determination under clause 34(2) of Schedule 9 of the Act, so the compensating authority has a discrete procedural discretion in that regard.

Timing and temporal boundaries

• Assessments under regulation 4 are contingent on the Impairment Assessment Guidelines being published and accredited practitioners being available (regulation 4(3)).

• The transitional lump sum application must be made before 1 July 2016 and the injury must have stabilised (regulation 5(4)(a) and (b)). Aggravations, exacerbations, deterioration, recurrence and sequelae on or after 1 July 2015 are excluded from the transitional pathway (regulation 5(5)).

In sum, the Regulations primarily shift procedural obligations and opportunities to the relevant compensating authority and prescribe narrow application windows and eligibility conditions for particular legacy claimants, while involving accredited medical practitioners and the corporate compensator or self‑insurer as the principal operational actors.

The Regulations create a compact set of duties for the relevant compensating authority, and a small set of rights and application routes for affected workers. Below are the provisions expressed as operational obligations, conditional powers and claimant rights, cited to the Regulations.

Duties imposed on the relevant compensating authority

• Duty to arrange assessment on application. Regulation 4(2) requires the relevant compensating authority to "on application under this regulation by a designated worker, arrange for an assessment of the degree of whole person impairment" in respect of the relevant existing injury. This is a positive duty to arrange the assessment process when a qualifying application is made.

• Specification of assessment process. Regulation 4(3)(a) mandates that an assessment under regulation 4 be made "in accordance with the Impairment Assessment Guidelines". Regulation 4(3)(b) requires that the assessment be made by a medical practitioner who holds an accreditation under section 22 of the Act. Together these prescribe method and minimum assessor qualifications.

• Preservation and application of older schedule. Regulation 5(2) requires the relevant compensating authority to continue to apply the table in Schedule 4 of the 2010 regulations in respect of an existing injury, despite the revocation of the 2010 regulations. It also requires application of regulation 39(1) and Schedule 4 of the 2010 regulations as if references to impairment under the repealed Act were references to impairment assessed under the Return to Work Act where an assessment is made under the new Act. Practically, that requires the compensating authority to apply the prior schedule's quantification rules when calculating lump sum non‑economic loss for existing injuries.

• Decision about additional lump sum payments. Under regulation 5(4)(c), the relevant compensating authority must be satisfied that the compensation for non‑economic loss is payable in accordance with Part 4 Division 5 of the repealed Act and the 2010 regulations as preserved by regulation 5(2), before paying additional compensation under the transitional pathway.

• Obligation to recognise reviewability. Regulation 5(6) declares that decisions on an application under regulation 5(4) are reviewable under section 97 of the Act. The relevant compensating authority therefore must treat those decisions as reviewable administrative acts.

Rights and application routes of workers

• Right to apply for reassessment for “designated workers”. Regulation 4(2) gives any designated worker the right to apply for an arranged assessment of whole person impairment for the purposes of determining whether the worker is a "seriously injured worker" under the Act.

• Right to apply for additional non‑economic loss for multi‑part existing injuries. Regulation 5(4) provides that a worker whose existing injury affected more than one part of the body and where a prior determination/order did not cover all aspects of non‑economic loss may receive additional compensation to the extent it has not been covered, provided the worker meets the deadline (apply before 1 July 2016), the injury has stabilised, and the compensating authority is satisfied that compensation is payable under the preserved repealed Act provisions.

Conditional and excluded situations

• Precondition to assessments. Regulation 4(3) qualifies that an assessment "will not be undertaken unless or until the Impairment Assessment Guidelines have been published and a suitable medical practitioner is available". The authority therefore has no obligation to carry out the assessment before those preconditions are met.

• Exclusion where compensating authority offers an alternate determination. Regulation 4(4) removes the application of regulation 4 where the relevant compensating authority has notified the worker that it is willing to make a determination under clause 34(2) of Schedule 9 of the Act. This gives the compensating authority a procedural alternative that negates the obligation to arrange the impairment assessment under regulation 4.

• Temporal exclusions for transitional lump sum claims. Regulation 5(5) expressly excludes from the transitional pathway any aggravation, acceleration, exacerbation, deterioration, recurrence or sequelae occurring on or after 1 July 2015. Thus only pre‑1 July 2015 aspects are potentially covered by the transitional application.

Other administrative effects

• Mapping of assessments between regimes. Regulation 5(2) provides that if an assessment of a worker's degree of whole person impairment is made under the Return to Work Act 2014 rather than under the repealed Act, regulation 39(1) and Schedule 4 of the 2010 regulations apply as if references to impairment under the repealed Act were references to impairment under the new Act. This creates a duty to map the outcome of assessments under the new framework into the preserved Schedule 4 calculation regime.

• Obligation to treat decisions as reviewable. Because regulation 5(6) declares a decision under regulation 5(4) to be reviewable under section 97 of the Act, the compensating authority must process such decisions with an understanding they are subject to statutory review processes under the Act.

No new criminal or pecuniary penalties

• The Regulations do not create penalties or criminal offences, and do not alter existing sanctions in the Act or other instruments. The compliance architecture is procedural and administrative rather than punitive within the text of these Regulations.

In practice, these duties and rights allocate responsibility for arranging assessments and deciding transitional lump sum claims to the compensating authority, subject to timing and eligibility constraints set out in the Regulations. Workers have specified application rights, but those rights are time‑limited and contingent on stabilisation and preserved substantive entitlement rules under the repealed Act and the 2010 regulations.

The Regulations contain no express penalty clauses, no schedules of fines, and no express criminal offences. They focus on process, qualification of assessors, preservation of prior calculation tables, and time‑limited application rights. Enforcement therefore operates by administrative obligation and the statutory review mechanisms established elsewhere in the Act.

What the Regulations provide about enforcement

• No express sanctions in the Regulations. The text contains no provisions authorising the imposition of fines, prosecutions, enforcement notices or similar sanctions against workers, compensating authorities, employers or practitioners. The obligations are framed as mandatory administrative duties, for example the duty of the relevant compensating authority to arrange an assessment on application (regulation 4(2)), but the Regulations do not specify enforcement measures for failure to comply.

• Reviewability of decisions. Regulation 5(6) declares decisions on an application under regulation 5(4) to be reviewable under section 97 of the Act. This imports the Act's review framework for decisions on transitional lump sum applications. The Regulations do not reproduce section 97, so parties and advisers must consult the Act for the scope, time limits and avenues of review, but the Regulation makes clear that judicial/administrative review is available for those decisions.

• Administrative jurisdiction of compensating authorities. The relevant compensating authority is given duties and decision‑making responsibilities. The Regulation 4(4) procedural exception , which permits the compensating authority to notify a worker that it is willing to make a determination under clause 34(2) of Schedule 9, thereby removing the application of regulation 4 , creates scope for internal decision pathways rather than immediate external enforcement triggers. The Regulations do not prescribe internal disciplinary or sanctioning mechanisms if the compensating authority fails to act.

Consequences of non‑compliance

• Where a compensating authority fails to arrange an assessment when required, the Regulations themselves provide no enforcement mechanism, but the status of decisions as reviewable under the Act for transitional lump sum claims implies a review route if a compensating authority makes an adverse decision or refuses to make a required decision. For assessments under regulation 4, the Regulations do not explicitly declare assessment decisions to be reviewable, nor do they prescribe remedies for failure to arrange an assessment. The compensating authority’s duty to arrange assessments is framed as mandatory, however, and failure to meet statutory duties under the Act or its regulations is typically remediable under the Act’s general enforcement or review framework, which must be checked directly in the Act (regulation 4(2) and 5(6)).

• The Regulations preserve earlier substantive entitlements (Schedule 4 of the 2010 regulations) and map them into the new assessment regime. If the relevant compensating authority applies the preserved Schedule 4 incorrectly, the worker may have recourse to the review process for decisions declared reviewable under the Act, in particular where an application under the transitional lump sum pathway is refused or improperly handled (regulation 5(6)).

Interaction with practitioner accreditation and guidelines

• Regulation 4(3) conditions assessments on publication of the Impairment Assessment Guidelines and on the availability of a suitably accredited medical practitioner under section 22 of the Act. The Regulations therefore tie enforcement of the duty to arrange assessments to the availability of external instruments and accredited personnel. If the Guidelines are not published or accredited practitioners are not available, no assessment will be undertaken until those preconditions are satisfied.

In short, enforcement is procedural and routed to administrative review under the Act rather than through new penal sanctions. Parties seeking to enforce obligations or challenge decisions created by these Regulations must rely on the review provisions of the Return to Work Act 2014, and the Regulations modify who must act and under what procedural conditions rather than introducing discrete enforcement tools.

The Regulations are expressly transitional. Their text repeatedly ties operation to the Return to Work Act 2014, to the repealed Act and to the Workers Rehabilitation and Compensation Regulations 2010. The principal interactions are continuity, mapping, and the preservation of certain prior calculation rules while migrating assessment mechanics into the new Act.

Primary statutory references and interaction mechanisms

• Return to Work Act 2014. The Regulations are made under that Act and repeatedly reference it. Regulation 3 defines "Act" to mean the Return to Work Act 2014. Regulation 4 requires assessments to be made by medical practitioners accredited under section 22 of the Act (regulation 4(3)(b)). Regulation 4(2) employs the phrase "seriously injured worker under the Act" as the assessment purpose. Regulation 4(4) and regulation 5(6) directly reference other provisions of the Act: clause 34(2) of Schedule 9 and section 97 respectively. Regulation 6 explicitly modifies how certain procedural sections of the Act apply to regulations that come into operation on 1 July 2015 (regulation 6(1) and (2)). The Regulations therefore must be read in and alongside the Act.

• Repealed Act and its Part 4 Division 5. The Regulations preserve certain entitlement rules under the repealed Act. Regulation 4(1) defines "designated worker" by reference to permanent impairment and the payment of non‑economic lump sum under the repealed Act as in existence before 1 April 2009. Regulation 5(4)(c) makes payment under the transitional pathway contingent on the relevant compensating authority being satisfied that compensation is payable in accordance with Part 4 Division 5 of the repealed Act. The Regulations therefore preserve substantive tests and rights originating in the repealed Act for the narrow class of existing injuries addressed.

• Workers Rehabilitation and Compensation Regulations 2010. Regulation 5(1) defines "2010 regulations" to mean the Workers Rehabilitation and Compensation Regulations 2010. Regulation 5(2) preserves the continued application of Schedule 4 of the 2010 regulations in respect of an existing injury despite those regulations being revoked, and it prescribes a mapping rule for assessments made under the Return to Work Act where previously the repealed Act would have applied. This creates a legislative continuity bridge: though the 2010 regulations have been revoked, Schedule 4 continues to operate for preserved existing injuries as if it had not been revoked.

Specific mapping and continuity rules

• Mapping impairment assessments into preserved Schedule 4 calculations. Regulation 5(2) instructs that where a degree of whole person impairment is assessed under the Return to Work Act 2014 rather than the repealed Act, regulation 39(1) and Schedule 4 of the 2010 regulations will apply as if references to a worker's impairment assessed under Part 4 Division 5 of the repealed Act were references to a worker's impairment assessed under Part 2 Division 5 of the Return to Work Act 2014. This is a direct mapping intended to preserve the calculation method for non‑economic loss for existing injuries while moving assessment jurisdiction into the new Act.

• Clause 34(2) of Schedule 9 and alternative determinations. Regulation 4(4) provides that the whole assessment mechanism in regulation 4 does not apply if the relevant compensating authority has notified the worker that it is willing to make a determination under clause 34(2) of Schedule 9 of the Act. The Regulation gives the compensating authority an alternative route to address the worker's situation, linking the transitional arrangements to other specific transitional provisions of the Act contained in Schedule 9.

Temporal interfaces and exclusions

• The Regulations set cut‑off dates that interact with timing provisions in the Act and the repealed framework. Regulation 5(3) and (4) require that an existing injury giving rise to an entitlement must have been the subject of a determination or Tribunal order before 1 July 2015 in order to trigger the transitional pathway for uncovered non‑economic loss. Regulation 5(4)(a) requires application before 1 July 2016. Regulation 5(5) excludes aggravations, accelerations, exacerbations, deterioration, recurrence and sequelae occurring on or after 1 July 2015. These dates thus determine which pre‑existing matters continue to be processed under the preserved rules.

Procedural exemptions from certain Act provisions

• Regulation 6(1) and (2) expressly exclude the application of section 185(4) and section 186(2) of the Act respectively to regulations made for certain purposes if those regulations are expressed to come into operation on 1 July 2015. The Regulations therefore modify how particular procedural requirements in the Act apply to specified regulations commencing on that date. The Regulations do not reproduce the content of those sections of the Act, so to interpret the precise legal effect an adviser must consult the Act itself together with the regulations made for the purposes specified.

Practical consequences of interaction

• Continuity of calculation methods. By preserving Schedule 4 of the 2010 regulations for existing injuries and mapping new Act assessments into the old calculation framework, the Regulations limit change to administrative mechanics rather than to the way non‑economic loss is quantified for preserved cases.

• Dual pathways and decision allocation. The relevant compensating authority may choose between arranging an assessment under regulation 4 or making a determination under clause 34(2) of Schedule 9, per regulation 4(4). This creates a choice between two statutory pathways, both of which are anchored in the Act and its Schedules.

• Dependence on other instruments. The Regulations make the operation of significant provisions contingent on external material: the Impairment Assessment Guidelines and accreditation rules under the Act. Until those instruments are in place and accredited practitioners available, the practical duty to arrange assessments does not arise.

Overall, the Regulations function as a transitional interface between the old compensation framework and the Return to Work Act 2014, preserving certain computation rules from the old regime, allocating duties to compensating authorities, specifying eligibility windows, and linking processes to the Act’s schemes for assessment, determination and review.

The legislative history supplied in the Regulations records the instrument’s creation, commencement and subsequent variations within 2015. The source text contains the formal Gazettal references and notes on how particular provisions were varied. Below are the recorded steps and changes as set out in the Regulations.

Initial instrument and Gazette notices

• The Regulations are cited as the Return to Work (Transitional Arrangements) (General) Regulations 2015 (regulation 1).

• The legislative history lists two Gazette entries in 2015. The initial entry appears as "2015 No 30" in the Gazette dated 19 March 2015, with that notice recorded at page 1241; the commencement note indicates r 2 (the regulatory commencement provision) for that entry (Legislative history: year 2015, No 30, Gazette 19.3.2015 p1241, 19.3.2015: r 2).

• A subsequent Gazette entry is recorded as "2015 No 180" in the Gazette dated 25 June 2015 at page 3104, with commencement recorded as 1 July 2015 for r 2 (Legislative history: year 2015, No 180, Gazette 25.6.2015 p3104, 1.7.2015: r 2).

Recorded variations

• Regulation 2 was omitted under the Legislation Revision and Publication Act 2002 as of 1 July 2015 (Legislative history: r 2 omitted under Legislation Revision and Publication Act 2002 1.7.2015). The source does not reproduce the text of r 2, only the variation entry.

• Regulation 5 underwent amendments by instrument 180/2015. The entries show that the definition of "relevant compensating authority" in r 5(1) was inserted by 180/2015 r 4(1) effective 1 July 2015, and new provisions r 5(3) to r 5(6) were inserted by 180/2015 r 4(2) effective 1 July 2015. The legislative history records these alterations as: "r 5 relevant compensating authority inserted by 180/2015 r 4(1) 1.7.2015" and "r 5(3),(6) inserted by 180/2015 r 4(2) 1.7.2015".

Notes and references

• The legislative history section concludes with a pointer to the Index of South Australian Statutes and the official legislation website for further information.

What the amendment history means in practice

• The recorded variations show that regulation 5 was expanded on 1 July 2015 to add an express definition of who the relevant compensating authority is in relation to a worker (Corporation or self‑insurer), and to add the multi‑part injury transitional pathway provisions contained in r 5(3) to r 5(6). The amendments are recorded as made by instrument number 180/2015 and took effect 1 July 2015.

• The legislative history does not record any later amendments beyond 2015 within the provided text. It also does not record any removals of regulations other than the omission of r 2 under the Legislation Revision and Publication Act 2002.

• The history includes formal Gazettal citations that practitioners should use to identify the instruments and their commencement dates. The entry that regulation 2 was omitted as of 1 July 2015 indicates a machine or editorial revision under the statutory publication Act rather than a policy change recorded in the operative provisions of these Regulations.

Limitations of the recorded history

• The legislative history in the source is limited to the entries shown. It does not list any amendments made after the 2015 instruments, nor does it contain explanatory memoranda, government second reading speeches or other parliamentary material explaining the purpose beyond what is in the Regulations themselves. For a complete, up to date amendment trail, users should consult the official consolidated legislation database referenced in the legislative history notes.

In short, the Regulations were made and amended in 2015, with a discrete and recorded expansion of regulation 5 on 1 July 2015 to insert relevant compensating authority wording and a set of transitional provisions for multi‑part injury lump sum claims, and a formal omission of regulation 2 under the Legislation Revision and Publication Act 2002 as recorded in the legislative history.

The Regulations as provided include no case law, tribunal decisions, or any recorded litigation history. The instrument’s text and its legislative history do not name or cite any judicial or tribunal determinations that have interpreted or applied these Regulations. The only references to dispute resolution mechanisms are to reviewability under the Return to Work Act 2014.

Relevant provisions touching on review and adjudication

• Regulation 5(6) declares that for the purposes of section 97 of the Act, a decision on an application under regulation 5(4) is reviewable. The Regulation therefore creates a statutory hook connecting decisions made under the transitional lump sum pathway to the Act’s review framework. The Regulations themselves do not describe the steps, limits or remedies available under section 97; those must be sought in the Act.

• Regulation 4(4) contemplates a compensating authority making a determination under clause 34(2) of Schedule 9 of the Act as an alternative to arranging an impairment assessment under regulation 4. The Regulation does not mention litigation or appeals in that context, but the inclusion of clause 34(2) implies an alternative determination avenue within the Act’s transitional schedule.

Absence of recorded adjudication in source

• The regulations do not list any decisions of the Workers Compensation Tribunal, the South Australian Civil and Administrative Tribunal, or any court that have applied these Regulations. The legislative history does not include references to anything labelled as "litigation history" beyond the Gazette and amendment notes. Therefore, within the bounds of the supplied source, there are no named cases, no summaries of judicial interpretation, and no examples of legal argument engaging these Regulations.

Practical implications for litigators and advisers

• The only avenue explicitly recognised in the Regulations for external challenge is the tie to section 97 reviewability for decisions under regulation 5(4). Advisers preparing to litigate or review decisions made under these Regulations must consult the Return to Work Act 2014 for the detail of section 97, including time limits to seek review, the decision‑maker’s powers, and the nature of remedies.

• For disputes arising from assessments arranged under regulation 4, the Regulations do not explicitly state that those assessment arrangements or the outcomes are reviewable. That does not mean no review is possible; it means the Regulations are silent on that point and that users must rely on the Act’s general review mechanisms or other statutory avenues. Any assertion that assessment-related decisions are reviewable beyond what regulation 5(6) explicitly states would require reference to the Act or later legislative or judicial material not contained in the supplied source.

• Where a relevant compensating authority elects to make a determination under clause 34(2) of Schedule 9 instead of arranging the assessment under regulation 4, reviewability and appeal rights will depend on the Act’s treatment of such determinations. The Regulations themselves do not elaborate on that route.

Because the Regulations do not include litigation references, practitioners should treat this section as indicating absence of recorded judicial material in the provided text and should consult the Act and external case law databases to identify any decisions addressing these Regulations, where necessary.

The Regulations are short and technical, but they embed several timing, procedural and mapping traps that can affect claim outcomes and administrative responsibilities. The following are concrete points where parties commonly misunderstand scope or timing, with the relevant regulatory text cited.

Designated worker definition is narrow and retrospective (regulation 4(1))

• The label "designated worker" is limited to workers whose existing injury gave rise to a permanent impairment under the repealed Act and who were paid a lump sum non‑economic loss under the repealed Act as it stood before 1 April 2009. That is a tightly confined cohort. Advisers should not assume broader coverage for later lump sums or for injuries that did not produce both a permanent impairment assessment and a pre‑1 April 2009 lump sum payment. The operative words are "gave rise to a permanent impairment under the repealed Act that gave rise to a payment of compensation for non‑economic loss by way of lump sum" (regulation 4(1)).

Assessment preconditions: Guidelines and accredited practitioner (regulation 4(3))

• The duty to arrange an assessment is explicitly suspended until two things happen: publication of the Impairment Assessment Guidelines and availability of a suitably accredited medical practitioner. The Regulation states that "an assessment will not be undertaken unless or until the Impairment Assessment Guidelines have been published and a suitable medical practitioner is available". Practically, that means that a designated worker can apply, but the compensating authority need not arrange or carry out the assessment before those preconditions are met. Confirm whether the Guidelines have been published and whether accredited practitioners are available before assuming immediate processing.

Relevant compensating authority may offer an alternative determination (regulation 4(4))

• The relevant compensating authority can avoid the assessment obligation if it has "notified the worker that the relevant compensating authority is willing to make a determination under clause 34(2) of Schedule 9 of the Act". If the compensating authority offers that determination, regulation 4 does not apply. Parties need to watch out for this procedural alternative, which can change the evidence required, the timetable and the applicable legal route. Do not assume an assessment will be automatically arranged where the compensating authority proposes clause 34(2) resolution.

Narrow window for additional non‑economic loss claims and stabilisation requirement (regulation 5(3)-(4))

• The transitional lump sum pathway created in regulation 5(4) applies only where the existing injury affected more than one part of the body and where there was a determination or Tribunal order before 1 July 2015 that gave rise to payment under the repealed Act but which did not cover all aspects of the non‑economic loss. The worker must apply before 1 July 2016 and the injury must have stabilised whether before or after that date. Missing the application deadline or failing to establish stabilisation will deny access to the transitional remedy.

Exclusion of post‑1 July 2015 aggravations and sequelae (regulation 5(5))

• Regulation 5(5) excludes aggravation, acceleration, exacerbation, deterioration, recurrence and any sequelae that occur on or after 1 July 2015 from the transitional pathway. If a worker’s additional loss arises from a deterioration or a new sequelae that occurred on or after 1 July 2015, the transitional route is not available for that element. Careful factual analysis of the timing of symptom progression and medical events is therefore essential.

Preservation of Schedule 4 of the 2010 regulations, but mapping caveats (regulation 5(2))

• Regulation 5(2) keeps Schedule 4 of the 2010 regulations applicable for existing injuries despite those regulations being revoked, and it requires mapping of assessments under the new Act to references in the 2010 regulations. This preserves prior quantification rules, but the mapping depends on applying regulation 39(1) and Schedule 4 of the 2010 regulations "as if any reference to a worker's whole of person impairment assessed under Part 4 Division 5 of the repealed Act were a reference to a worker's degree of whole person impairment assessed under Part 2 Division 5 of the Return to Work Act 2014". Practitioners must map terminology carefully and ensure the proper assessment instrument and calculation table are being used.

Reviewability is explicit only for regulation 5(4) decisions (regulation 5(6))

• Regulation 5(6) declares a decision on an application under regulation 5(4) to be reviewable under section 97 of the Act. The Regulations do not explicitly state that assessment arrangements or assessment outcomes under regulation 4 are reviewable. Advisers should not infer review rights for regulation 4 matters from regulation 5(6); instead, consult the Act to determine whether assessment‑related decisions attract review.

Procedural exemptions under regulation 6 require Act cross‑reference

• Regulation 6 excludes the application of section 185(4) and section 186(2) of the Act to regulations made for specific purposes and expressed to commence on 1 July 2015. The Regulations do not reproduce those sections, so one must consult the Act to understand the practical consequences of these exclusions. Do not assume what those sections require without checking the Act.

Self‑insurer responsibilities mirror the Corporation’s (regulation 4(1); regulation 5(1))

• Where the existing injury arose in employment with a self‑insured employer, that employer is the relevant compensating authority and must perform the same duties as the Corporation. Self‑insurers should therefore be prepared to arrange assessments, apply preserved Schedule 4 calculations, and decide transitional applications within the prescribed timeframes.

Practical checklist to avoid errors

• Verify whether a worker is a "designated worker" by confirming the worker had a permanent impairment assessment and received a non‑economic loss lump sum under the repealed Act prior to 1 April 2009 (regulation 4(1)).

• Confirm publication of the Impairment Assessment Guidelines and availability of accredited assessors before expecting assessments to proceed (regulation 4(3)).

• If the compensating authority offers a clause 34(2) determination, obtain a clear written record of the offer and assess the implications for evidence and review (regulation 4(4)).

• For transitional lump sum claims, confirm that the earlier determination/order predated 1 July 2015, that not all aspects of the injury were covered, that the injury has stabilised, and that the application is made before 1 July 2016 (regulation 5(3)-(4)).

• Exclude any loss attributable to events occurring on or after 1 July 2015 from transitional claims (regulation 5(5)).

These concrete operational traps are embedded in the Regulations’ text. Practitioners should not rely on assumed policy rationales but should work from the precise eligibility words, the cut‑off dates and the preconditions the Regulations set.

Compliance under these Regulations requires actions by both workers and the relevant compensating authorities, and attention to timing, eligibility conditions and external instruments. The steps below are operational and based directly on the Regulations’ text. They do not substitute for legal advice but set out the actions the Regulations make necessary.

For relevant compensating authorities (Corporation or self‑insured employer)

1. Identify your status and the cohort.

• Determine whether you are the relevant compensating authority for a particular case. Regulation 4(1) and regulation 5(1) state that the relevant compensating authority is the Corporation unless the relevant existing injury arose in employment by a self‑insured employer, in which case the self‑insured employer is the relevant compensating authority.

2. Process applications from designated workers under regulation 4.

• On receipt of an application from a designated worker, the relevant compensating authority must arrange for an assessment of the degree of whole person impairment in respect of the relevant existing injury, for the purpose of determining whether the worker is a seriously injured worker under the Act (regulation 4(2)).

• Confirm that the worker is a "designated worker" as defined in regulation 4(1): an existing injury that gave rise to a permanent impairment under the repealed Act and a lump sum non‑economic loss payment under the repealed Act prior to 1 April 2009.

3. Ensure assessment preconditions are met.

• Arrange for the assessment to be undertaken in accordance with the Impairment Assessment Guidelines and by a medical practitioner holding the accreditation required by section 22 of the Act (regulation 4(3)(a) and (b)).

• Note that assessments are not to be undertaken unless the Impairment Assessment Guidelines have been published and a suitable accredited medical practitioner is available. Do not purport to carry out such assessments in the absence of those preconditions (regulation 4(3)).

4. Consider alternative of clause 34(2) determination.

• If the relevant compensating authority decides it is willing to make a determination under clause 34(2) of Schedule 9 of the Act, provide written notice to the worker. Once the worker has been notified, regulation 4 does not apply to that worker, so you may proceed with the clause 34(2) determination process instead (regulation 4(4)).

5. Apply preserved Schedule 4 of the 2010 regulations where relevant.

• For existing injuries, apply the table set out in Schedule 4 of the 2010 regulations in respect of the prior lump sum calculation despite revocation of those regulations (regulation 5(2)(a)).

• Where a worker’s impairment is assessed under the Return to Work Act 2014 rather than under the repealed Act, apply regulation 39(1) and Schedule 4 of the 2010 regulations as if references to impairment assessed under the repealed Act were references to impairment assessed under the new Act (regulation 5(2)(b)).

6. Decide transitional lump sum applications (regulation 5(4)).

• If a worker applies under regulation 5(4), verify eligibility: the existing injury affected more than one part of the body; there was a prior determination or Tribunal order before 1 July 2015 that gave rise to payment but did not cover all aspects of the non‑economic loss (regulation 5(3)); the application is received before 1 July 2016; and the injury has stabilised (regulation 5(4)(a) and (b)).

• Ensure that any additional compensation meets the substantive tests in Part 4 Division 5 of the repealed Act and the 2010 regulations as preserved by regulation 5(2); be satisfied of payable entitlement before making a payment (regulation 5(4)(c)).

7. Exclude post‑1 July 2015 aggravations and sequelae.

• Do not accept claims under the transitional pathway that relate to aggravation, acceleration, exacerbation, deterioration, recurrence or sequelae occurring on or after 1 July 2015 (regulation 5(5)).

8. Treat decisions as reviewable.

• For decisions made under regulation 5(4), record that the decision is reviewable under section 97 of the Act and comply with any Act‑imposed decision writing and notification obligations to facilitate review processes (regulation 5(6)).

For workers and their advisers

1. Determine eligibility.

• Check whether you are a designated worker for the regulation 4 assessment route by confirming the worker had a permanent impairment under the repealed Act and received a lump sum non‑economic loss under the repealed Act as it existed before 1 April 2009 (regulation 4(1)).

• For additional lump sum claims, confirm that the existing injury affected more than one part of the body, that there was a prior determination or Tribunal order before 1 July 2015 that gave rise to payment but did not cover all aspects of non‑economic loss, and that the injury has stabilised (regulations 5(3) and (4)).

2. Meet the deadlines.

• For transitional lump sum claims under regulation 5(4), apply to the relevant compensating authority before 1 July 2016. Late applications are not catered for in the Regulations.

3. Assemble medical evidence and prove stabilisation.

• The transitional lump sum route requires the injury to have stabilised. Collect and submit medical evidence demonstrating stabilisation, and ensure causation and pre‑1 July 2015 timing for the aspects of loss claimed.

4. Anticipate exclusion of post‑1 July 2015 events.

• Be prepared to show that any aggravation or sequelae claimed occurred before 1 July 2015, because the Regulations exclude events on or after that date from the transitional pathway (regulation 5(5)).

5. Check for clause 34(2) determination offers.

• Where the relevant compens