Div 7Additional provisions relating to jurisdiction under Return to Work Act 2014

Division 7—Additional provisions relating to jurisdiction under Return to Work Act 2014 26D—Civil jurisdiction under Return to Work Act 2014 (1) The South Australian Employment Court has exclusive jurisdiction to hear and determine an action for damages to which Part 5 of the Return to Work Act 2014 applies. (2) Proceedings for any tortfeasor liable in respect of damages to which Part 5 of the Return to Work Act 2014 applies to recover contribution from any other tortfeasor liable in respect of those damages may be brought before the Tribunal and dealt with by the South Australian Employment Court. (3) If a cause of action giving rise to proceedings brought under subsection (1) or (2) also gives rise to a claim in respect of some other matter, the claim may be included in those proceedings even though it does not relate to proceedings for damages within the scope of section 71(1) of the Return to Work Act 2014. (4) Any matter that is ancillary or related to a matter that is the subject of proceedings brought under a preceding subsection may also be included in those proceedings. (5) In connection with the operation of this section, a reference to a court in a prescribed provision will be taken to be a reference to the South Australian Employment Court. (6) In this section— prescribed provision means any of the following provisions of the Return to Work Act 2014: (a) section 22; (b) Part 5; (c) Part 8. 26E—Rights of action and recovery against third parties (1) A reference in section 66 of the Return to Work Act 2014 to the District Court of South Australia will be taken to include a reference to the Tribunal. (2) The jurisdiction of the Tribunal by virtue of the operation of subsection (1) is assigned to the South Australian Employment Court. (3) An action to recover an excess under section 66(9) of the Return to Work Act 2014 may be brought in the South Australian Employment Court (or in any other court of competent jurisdiction). 26F—Review jurisdiction under Return to Work Act 2014 A reference in section 103 of the Return to Work Act 2014 to Part 3 of this Act will be taken to be a reference to Division 1 of that Part. 26G—Injuries that develop gradually (1) A reference in section 188 of the Return to Work Act 2014 to the Industrial Relations Court of South Australia will be taken to be a reference to the Tribunal. (2) The jurisdiction of the Tribunal by virtue of the operation of subsection (1) is assigned to the South Australian Employment Court. 26H—Criminal jurisdiction The South Australian Employment Court is conferred with jurisdiction to try a charge for an offence against the Return to Work Act 2014. 26I—Appeals An appeal from a decision of the Tribunal under the Return to Work Act 2014 (other than in the exercise of its criminal jurisdiction) will be limited to a question of law.