Sch 5Provisions of local application

Schedule 5—Provisions of local application 1—Provision of information by RTWSA (1) RTWSA will, to the extent required by a scheme established by the Minister after consultation with RTWSA, furnish to the advisory committee and the Department, in accordance with the terms of the scheme, any of the following information obtained by RTWSA in the performance or exercise of its functions or powers under a related Act: (a) information about any work-related injury, or about any specified class of work-related injury, reported to or investigated by RTWSA; (b) the steps being taken by any employer, or any employer of a specified class, to protect employees from injury or risks to health, safety or welfare, or to assist in the rehabilitation of employees who have suffered injuries in connection with their work; (c) information relating to the cost or frequency of claims involving a particular employer, or class of employers, so as to allow comparisons between employers in a particular industry, or part of an industry; (d) the outcome of any investigation, inquiry or other action undertaken by RTWSA; (e) other information of a kind prescribed by the regulations. (2) To avoid doubt, section 185 of the Return to Work Act 2014 does not apply in relation to the disclosure of information under subclause (1). (3) In this clause— related Act means— (a) the Return to Work Act 2014; or (b) the Return to Work Corporation of South Australia Act 1994. 2—Registration of employers (1) Subject to subclause (2), a person who is required to be registered as an employer under the Return to Work Act 2014 is also required to be registered under this Act. (2) A person is not required to be registered if the person is exempt from the obligation to be registered by the regulations. (3) RTWSA will undertake registrations under this clause in conjunction with the registration of employers under the Return to Work Act 2014. (4) A periodical fee is payable in relation to a registration under this clause. (5) Subject to this clause, the amount of the fee will be set by RTWSA— (a) taking into account the criteria prescribed by or under subclause (6); and (b) on the basis that the total amount paid to RTWSA for a particular financial year by persons registered under this clause should, so far as is reasonably practicable, equal the prescribed amount for that financial year. (6) For the purposes of subclause (5)(a), the criteria to be taken into account are— (a) that the fee or fees paid by a particular person should reflect the aggregate remuneration paid to the person's employees in each class of industry in which the person employs employees; and (b) that the fee or fees paid by a person in a particular industry should reflect the risk of work-related injuries in that industry; and (c) that the fee or fees paid by a particular person over a particular financial year should reflect any matters taken into account by RTWSA under section 139 of the Return to Work Act 2014 for the purposes of the calculation or imposition of a premium under that Act, and such other criteria as may be prescribed by the regulations (which regulations may, if they so provide, revoke or replace any of the criteria referred to above). (7) A prescribed percentage of the prescribed amount for a particular financial year will be payable to the Department in accordance with guidelines established by the Treasurer to be applied towards the costs associated with the administration of this Act. (8) The prescribed amount for a financial year will be an amount fixed for that financial year by the regulations (but if any such regulation is not made before the commencement of the relevant financial year, or is disallowed or revoked, then the prescribed amount for that financial year will be the amount that applied under this clause for the preceding financial year). (9) Subclause (5)(b) is subject to the following qualifications: (a) if the total amount paid under this clause for a particular financial year exceeds the prescribed amount for that year, the amount that is sought to be recovered under subclause (5)(b) for the next financial year should be the prescribed amount for that year less the amount of that excess; (b) if the total amount paid under this clause for a particular financial year is less than the prescribed amount for that year, the amount that is sought to be recovered under subclause (5)(b) for the next financial year should be the prescribed amount for that year plus the amount of that deficiency. (10) A fee imposed under this clause will be payable to RTWSA in accordance with the regulations. (11) If a person fails to pay a fee, or the full amount of a fee, in accordance with the regulations, RTWSA may recover the unpaid amount as if it were unpaid premium under Part 9 of the Return to Work Act 2014. (12) The Department is entitled to information provided to RTWSA for the purposes of this clause. (13) A person who fails to comply with this clause is guilty of an offence. 3—Executive Director (1) There will be an Executive Director. (2) The Executive Director is to be an employee in the Public Service of the State appointed to the office of Executive Director by the Governor. (3) The Minister may assign an employee in the Public Service to act as the Executive Director— (a) during a vacancy in the office of the Executive Director; or (b) when the Executive Director is absent from, or unable to discharge, official duties. (4) Subject to subclause (5), the Minister may give directions to the Executive Director. (5) The Minister may not give directions to the Executive Director in respect of the exercise of powers and functions under this Act.