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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Return to Work (COVID-19 Injury) Amendment
Bill 2020
A BILL FOR
An Act to amend the
Return
to Work Act 2014
.
Contents
Part 2—Amendment of Return to Work
Act 2014
3Amendment of section 9—Evidentiary
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Return to Work (COVID-19 Injury) Amendment
Act 2020.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Return to Work
Act 2014
3—Amendment
of section 9—Evidentiary provision
Section 9(1)(b)—delete "Schedule 3" and substitute:
Schedules 3 and 3A
After Schedule 3 insert:
Schedule 3A—COVID-19 injuries
1—COVID-19 injuries
(1) If—
(a) a person is employed—
(i) at a prescribed workplace; or
(ii) in a prescribed occupation; and
(b) the person is diagnosed with COVID-19,
the disease is presumed, in the absence of proof to the contrary, to have
arisen from that employment.
(2) To avoid doubt, nothing in this Schedule (or in another Schedule of
this Act) is to be construed as giving rise to liability beyond that which is
already provided for in this or any other Act.
(3) In this section—
air passenger service work means the work carried out by or
on behalf of a passenger service (within the meaning of the
Air
Transport (Route Licensing—Passenger Services) Act 2002
);
emergency services provider means—
(a) SACFS; or
(b) SAMFS; or
(c) South Australian State Emergency Service; or
(d) SA Ambulance Service Inc; or
(e) St John Ambulance Australia South Australia Incorporated;
emergency services work means work carried out (whether or
not in response to an emergency) by or on behalf of an emergency services
provider;
passenger transport service has the same meaning as in the
Passenger
Transport Act 1994
;
passenger transport work means—
(a) work consisting of driving a public passenger vehicle for the purposes
of a passenger transport service; or
(b) work undertaken as an authorised officer appointed under section 53 of
the
Passenger
Transport Act 1994
; or
(c) work undertaken as an authorised person under Part 4 Division 2
Subdivision 2 of the
Passenger
Transport Regulations 2009
;
prescribed occupation means—
(a) work as a police officer; or
(b) emergency services work; or
(c) passenger transport work; or
(d) air passenger service work; or
(e) any other occupation prescribed by the regulations for the purposes of
this paragraph,
but does not include an occupation, or an occupation of a class, declared
by the regulations to be excluded from the ambit of this definition;
prescribed workplace means—
(a) a hospital or private day procedure centre, both within the meaning of
the
Health
Care Act 2008
; or
(b) a residential aged care facility; or
(c) a pharmacy within the meaning of the
Health
Practitioner Regulation National Law (South Australia)
Act 2010
; or
(d) a child care centre or kindergarten, both within the meaning of the
Children's
Services Act 1985
; or
(e) a school within the meaning of the
Education
and Early Childhood Services (Registration and Standards)
Act 2011
; or
(f) a supermarket, grocer, delicatessen or convenience store; or
(g) a petrol station, including any parts of a petrol station that consist
of a shop, or shops, selling goods by retail; or
(h) any other workplace prescribed by the regulations for the purposes of
this paragraph,
but does not include a workplace, or a workplace of a class, declared by
the regulations to be excluded from the ambit of this definition;
public passenger vehicle has the same meaning as in the
Passenger
Transport Act 1994
.