RETURN TO WORK ACT 2014

South Australian Current Acts

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RETURN TO WORK ACT 2014

TABLE OF PROVISIONS

Long Title

PART 1--Preliminary

1. Short title
3. Objects of Act
4. Interpretation
5. Average weekly earnings
6. Act to bind Crown

PART 2--Key principles, concepts and requirements

Division 1--Connection with employment

7. Injury must arise from employment
8. Effect of misconduct etc
9. Evidentiary provision

Division 2--Connection with State

10. Territorial application of Act
11. Determination of State with which worker's employment is connected in proceedings under this Act
12. Recognition of previous determinations

Division 3--Fundamental principles, rights and obligations

13. The Corporation
14. Service standards
15. Workers
16. Worker's duty to give notice of injury
17. Employers
18. Employer's duty to provide work
19. Payment of wages for alternative or modified duties
20. Additional requirement with respect to termination of employment

Division 4--Seriously injured workers

21. Seriously injured workers

Division 5--Assessment of permanent impairment

22. Assessment of permanent impairment

PART 3--Early intervention, recovery and return to work

23. Object
24. Early intervention, recovery and return to work services
25. Recovery/return to work plans
26. Return to work co-ordinators
27. Standards and facilities established by Corporation
28. Rates for provision of services
29. Related initiatives

PART 4--Financial benefits

Division 1--Claims

30. Claims
31. Determination of claim
32. Payment of interim benefits

Division 2--Medical expenses etc

33. Medical expenses
34. Transportation for initial treatment

Division 3--Property damage

35. Property damage

Division 4--Income support

Subdivision 1--Preliminary

36. Capacity to perform work
37. Prescribed benefits
38. Prescribed allowances

Subdivision 2--Entitlement to weekly payments

39. Weekly payments over designated periods for workers other than seriously injured workers
40. Supplementary income support for incapacity resulting from surgery
41. Weekly payments for seriously injured workers
42. Federal minimum wage safety net
43. Return to work obligations of worker
44. Termination of weekly payments on retiring age

Subdivision 3--Adjustment of weekly payments

45. Adjustments due to change from original arrangements
46. Review of weekly payments
47. Economic adjustments to weekly payments for seriously injured workers

Subdivision 4--Reduction or discontinuance of weekly payments

48. Reduction or discontinuance of weekly payments

Subdivision 5--Related matters

49. Protection from excess payments
50. Weekly payments and leave entitlements
51. Absence of worker from Australia
52. Reports of return to work etc

Division 5--Redemptions

53. Redemptions--liabilities associated with weekly payments
54. Redemptions--liabilities associated with medical services

Division 6--Permanent impairment--economic loss

55. Preliminary
56. Lump sum payments--economic loss
56A. Seriously injured worker--election to receive lump sum payment

Division 7--Permanent impairment--non-economic loss

57. Prescribed sum
58. Lump sum payments--non-economic loss

Division 8--Payments on death

59. Weekly payments
60. Review of weekly payments
61. Lump sums
62. Funeral benefits
63. Counselling services

Division 9--Rules as to liability

64. Incidence of liability
65. Augmentation of weekly payment in consequence of delay

Division 10--Related matters

66. Rights of action and recovery against third parties
67. Prohibition of double recovery
68. Injuries arising from employment on ships
69. Sporting injuries

PART 5--Common law

Division 1--Preliminary

70. Preliminary
71. Application of Part in relation to damages and scope and limitation of liability
72. No damages unless relevant whole person impairment thresholds met
73. Seriously injured workers--special provisions
74. General regulation of court awards

Division 2--General principles

75. Effect of recovery of damages on compensation
76. Retirement age
77. Mitigation of damages
78. Payment of interest--limited statutory entitlement
79. Contributory negligence
80. Defence of voluntary assumption of risk
81. Exemplary or punitive damages
82. Court to apportion damages etc
83. Abolition of doctrine of common employment
84. No damages for nervous shock injury to non-workers

Division 3--Procedural matters and costs

85. Compulsory mediation
86. Costs

Division 4--Choice of law

87. The applicable substantive law for work injury claims
88. Claims to which Division applies
89. What constitutes injury and employment
90. Claim in respect of death included
91. Meaning of substantive law
92. Availability of action in another State not relevant

Division 5--Related matters

93. Ability of Corporation to conduct and settle proceedings
94. Interaction with Civil Liability Act 1936

PART 6--Dispute resolution

Division 1--Preliminary

95. Specific object
96. Interpretation
97. Reviewable decisions

Division 2--Conferral of jurisdiction

98. Conferral of jurisdiction

Division 3--Institution of proceedings

99. Application to Tribunal
100. Time for making application
101. Notice to be given by Registrar

Division 4--Initial reconsideration

102. Initial reconsideration
103. Proceedings on application

Division 5--Related matters--Tribunal proceedings

104. Conciliation conference
105. Representation
106. Costs
107. Costs liability of representatives
108. Recovery of costs of representation
109. Ministerial intervention
110. Power to amend or set aside decisions or orders
111. Regulations concerning medical evidence
112. Payment to child

PART 7--Special jurisdiction to expedite decisions

113. Special jurisdiction
114. Timing of application
115. Powers of Tribunal on application
116. Costs

PART 8--Independent medical advice

Division 1--Interpretation

117. Interpretation

Division 2--Appointment of independent medical advisers

118. Appointment of independent medical advisers
119. Independent medical advisers
120. Related appointment provisions

Division 3--Referrals

121. Referral by Tribunal or court
122. Powers and procedures on a referral

Division 4--Related matters

123. Provision of report
124. Competency to give evidence
125. Further referrals
126. Staff and facilities
127. Recovery of costs

PART 9--Registration and funding

Division 1--Registration of employers

128. Registration of employers
129. Self-insured employers
130. Crown and certain agencies to be self-insured employers
131. Applications for registration
132. Changes in details for registration
133. Ministerial appeal on decisions relating to self-insured employers

Division 2--Delegation to self-insured employers

134. Delegation to self-insured employers

Division 3--Compensation Fund

135. Compensation Fund

Division 4--Premiums

Subdivision 1--Preliminary

136. Interpretation
137. Average premium rate

Subdivision 2--Premiums (terms and conditions)

138. Premiums (terms and conditions)

Subdivision 3--Premiums (general principles)

139. Liability to pay premiums
140. Employer categories
141. Classes of industry
142. Industry rates and base premiums

Subdivision 4--Premiums (calculation and application)

143. Premium orders
144. Premium stages
145. Grouping provisions

Division 5--Self-insured employers--fees

146. Self-insured employers--fees

Division 6--Remissions and supplementary payments

147. Remissions and supplementary payments

Division 7--Administration of premiums/fees scheme

148. Interpretation
149. Provision of information (initial calculations)
150. Provision of information (on-going requirements)
151. Revised estimates or determinations
152. Further adjustments
153. Deferred payment
154. Recovery on default
155. Penalty for late payment
156. Exercise of adjustment powers
157. Review
158. Payments to be made to Corporation
159. GST
160. Transfer of business
161. Reasonable mistake about application of Act

Division 8--Miscellaneous

162. Separate accounts
163. Liability to keep accounts
164. Person ceasing to be an employer
165. Certificate of registration
166. Insurance of registered employers against other liabilities
167. Corporation as insurer of last resort

PART 10--Scheme adjustment mechanisms

168. Preliminary
169. Scheme adjustment/review events
170. Scheme funding/review events

PART 11--The Minister's Advisory Committee

171. Advisory Committee
172. Functions of Advisory Committee
173. Proceedings etc of Advisory Committee
174. Related provisions

PART 12--Miscellaneous

175. Extension of the application of Act to self-employed persons
176. Agreements with LSS Authority
177. Payment not to constitute an admission of liability
178. Employer may request progress report
179. Copies of medical reports
180. Worker's right of access to claims file
181. Medical examination at request of employer
182. Worker to be supplied with copy of medical report
183. Powers of entry and inspection
184. Inspection of place of employment by recovery or return to work adviser
185. Confidentiality to be maintained
186. Confidentiality--employers
187. Employer information
188. Injuries that develop gradually
189. Certain payments not to affect benefits under this Act
190. No contribution from workers
191. No contracting out
192. Non-assignability of benefits
193. Payments if worker in prison
194. Service of documents
195. Service of documents on Corporation
196. Dishonesty
197. Evidence
198. Offences
199. Expiation fees
200. Right of intervention
201. Recovery of payments
202. Regulations
203. Review of Act
SCHEDULE 1--Presumptive employment
SCHEDULE 2--Injuries presumed to arise from general employment
SCHEDULE 3--Injuries presumed to arise from employment as a firefighter
SCHEDULE 4--Adjacent areas
SCHEDULE 5--Statement of service standards
SCHEDULE 6--Age factor
SCHEDULE 7--Prescribed sum--economic loss
SCHEDULE 8--Minimum amounts of compensation according to degree of impairment under regulations
SCHEDULE 9--Repeal and transitional provisions
Legislative history

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