South Australian Current Acts South Australian Current ActsNotes
• In this version provisions that are uncommenced appear in
italics.
• Amendments of this version that are uncommenced are not
incorporated into the text.
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Legislation repealed by principal
Act
The Return to Work Act 2014 repealed the following:
Workers Rehabilitation and Compensation Act 1986
Legislation amended by principal Act
The Return to Work Act 2014 amended the following:
Judicial Administration (Auxiliary Appointments and Powers)
Act 1988
Motor Vehicle Accidents (Lifetime Support Scheme)
Act 2013
WorkCover Corporation Act 1994
Workers Rehabilitation and Compensation Act 1986
Work Health and Safety Act 2012
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
2014 |
16 |
6.11.2014 |
Sch 9 (Pt 8)—1.7.2013: s 2(2); ss 1—3,
4(1)—(7), (14)—(16), 6, 22(16)—(18), 118—120, 126, 127,
135(1), 135(3)(d), (f), (g), Pt 11 (ss 171—174), ss 185,
194, 195, 196(1)(d), (2), (3), 202 & Sch 9 (cl 69)—4.12.2014
(Gazette 4.12.2014 p6610); Sch 9 (cl 28)—1.1.2015:
s 2(3); ss 10—12, 16(8), 22(3)—(5), 24(5), 26(5)(c),
28(1), (2), 30(1)(a), (c), 33(2)(i), (8), (12)(a), (13)—(15), 45(2), (3),
(8), 46(2), (4), (8), 47(2), (3)(a)(ii), (4), 51(2), 63(3), 64(16), (17)(a),
129(5)(d), 131(1)(a), 132, 136, 138, 139(1), 140—143, 145, 146, 147(5),
Pt 9 Div 7, ss 165(1), (2), (7) & Sch 9
(cll 8—11, 21, 24, 26(1), (5), 27(2), 34(2)—(4), 54(2), (4), 66
& 67)—2.2.2015; remainder of Act—1.7.2015 (Gazette 4.12.2014
p6610) |
|
|
2020 |
40 |
Training and Skills Development (Miscellaneous) Amendment
Act 2020 |
19.11.2020 |
Sch 1 (cl 8)—1.7.2021 (Gazette 24.6.2021
p2260) |
|
2022 |
4 |
Return to Work (Scheme Sustainability) Amendment
Act 2022 |
14.7.2022 |
1.8.2022 (Gazette 28.7.2022 p2374) except ss 3 to 5, 8
to 10, 11(1), (2) & (5), 12, 14 to 16, 18 & 19,
Sch 1 (cl 1(1) definitions of Category 1 seriously injured
worker, Category 2 seriously injured worker,
designated worker, interim seriously injured worker
and relevant day & cll 2 to 5)—11.8.2022
(Gazette 11.8.2022 p2489) |
|
2024 |
50 |
Return to Work (Employment and Progressive Injuries) Amendment Act
2024 |
14.11.2024 |
1.12.2024 (Gazette 28.11.2024 p4273) except s 4,
subparagraph (ii) of s 22(7)(a) as inserted by s 9(3),
ss 9(4) & 12, subparagraph (ii) of s 122(6)(a) as
inserted by s 14(1), s 14(2) & Sch 1
(cl 2)—uncommenced |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended under Legislation Revision and Publication
Act 2002 |
1.7.2021 |
|
Pt 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
1.7.2021 |
|
|
|
|
|
|
|
|
|
amended by 40/2020 Sch 1 cl 8 |
1.7.2021 |
|
|
inserted by 4/2022 s 3 |
11.8.2022 |
|
|
s 4(18)—(20) |
inserted by 50/2024 s 3 |
1.12.2024 |
|
|
|
|
|
amended by 50/2024 s 4(1) |
uncommenced—not incorporated |
|
|
s 5(2a)—(2c) |
inserted by 50/2024 s 4(2) |
uncommenced—not incorporated |
|
amended by 50/2024 s 4(3) |
uncommenced—not incorporated |
|
|
s 5(17) and (18) |
inserted by 50/2024 s 4(4) |
uncommenced—not incorporated |
|
Pt 2 |
|
|
|
|
|
|
|
amended by 4/2022 s 4 |
11.8.2022 |
|
|
inserted by 50/2024 s 5 |
1.12.2024 |
|
|
|
|
|
|
amended by 50/2024 s 6(1) |
1.12.2024 |
|
|
amended by 50/2024 s 6(2), (3) |
1.12.2024 |
|
|
s 18(3) and (4) |
substituted by 50/2024 s 6(4) |
1.12.2024 |
|
s 18(4a)—(4e) |
inserted by 50/2024 s 6(4) |
1.12.2024 |
|
amended by 50/2024 s 6(5) |
1.12.2024 |
|
|
s 18(5a)—(5h) |
inserted by 50/2024 s 6(6) |
1.12.2024 |
|
s 18(6) and (7) |
substituted by 50/2024 s 6(7) |
1.12.2024 |
|
s 18(7a)—(7d) |
inserted by 50/2024 s 6(7) |
1.12.2024 |
|
amended by 50/2024 s 6(8) |
1.12.2024 |
|
|
amended by 50/2024 s 6(9) |
1.12.2024 |
|
|
amended by 50/2024 s 6(10) |
1.12.2024 |
|
|
s 18(16a)—(16d) |
inserted by 50/2024 s 6(11) |
1.12.2024 |
|
substituted by 50/2024 s 6(12) |
1.12.2024 |
|
|
amended by 50/2024 s 7 |
1.12.2024 |
|
|
inserted by 50/2024 s 8 |
1.12.2024 |
|
|
|
|
|
|
substituted by 4/2022 s 5(1) |
11.8.2022 |
|
|
s 21(3) and (4) |
substituted by 4/2022 s 5(2) |
11.8.2022 |
|
inserted by 4/2022 s 5(2) |
11.8.2022 |
|
|
inserted by 4/2022 s 5(3) |
11.8.2022 |
|
|
substituted by 4/2022 s 5(4) |
11.8.2022 |
|
|
|
|
|
|
(e) deleted by 4/2022 s 6(1) |
1.8.2022 |
|
|
substituted by 4/2022 s 6(2) |
1.8.2022 |
|
|
inserted by 4/2022 s 6(2) |
1.8.2022 |
|
|
|
amended by 50/2024 s 9(1) |
1.12.2024 |
|
inserted by 50/2024 s 9(2) |
1.12.2024 |
|
|
amended by 50/2024 s 9(3) |
1.12.2024 except (a)(ii)—uncommenced |
|
|
inserted by 50/2024 s 9(4) |
uncommenced—not incorporated |
|
|
note inserted by 4/2022 s 6(3) |
1.8.2022 |
|
|
inserted by 4/2022 s 6(4) |
1.8.2022 |
|
|
substituted by 4/2022 s 6(5) |
1.8.2022 |
|
|
deleted by 4/2022 s 6(5) |
1.8.2022 |
|
|
inserted by 4/2022 s 6(6) |
1.8.2022 |
|
|
Pt 3 |
|
|
|
|
|
|
|
amended by 50/2024 s 10(1) |
1.12.2024 |
|
|
amended by 50/2024 s 10(2) |
1.12.2024 |
|
|
amended by 50/2024 s 10(3), (4) |
1.12.2024 |
|
|
amended by 50/2024 s 10(5) |
1.12.2024 |
|
|
inserted by 50/2024 s 10(6) |
1.12.2024 |
|
|
s 25(12)—(14) |
inserted by 50/2024 s 10(7) |
1.12.2024 |
|
Pt 4 |
|
|
|
amended by 50/2024 s 11 |
1.12.2024 |
|
|
|
|
|
|
amended by 4/2022 s 7 |
1.8.2022 |
|
|
|
|
|
|
amended by 50/2024 s 12 |
uncommenced—not incorporated |
|
|
|
|
|
|
amended by 4/2022 s 8(1) |
11.8.2022 |
|
|
|
amended by 50/2024 s 13 |
1.12.2024 |
|
inserted by 4/2022 s 8(2) |
11.8.2022 |
|
|
|
|
|
|
amended by 4/2022 s 9(1) |
11.8.2022 |
|
|
inserted by 4/2022 s 9(2) |
11.8.2022 |
|
|
|
|
|
|
deleted by 4/2022 s 10 |
11.8.2022 |
|
|
|
|
|
|
amended by 4/2022 s 11(1) |
11.8.2022 |
|
|
|
|
|
|
PS |
amended by 4/2022 s 11(2) |
11.8.2022 |
|
substituted by 4/2022 s 11(3) |
1.8.2022 |
|
|
substituted by 4/2022 s 11(4) |
1.8.2022 |
|
|
deleted by 4/2022 s 11(4) |
1.8.2022 |
|
|
inserted by 4/2022 s 11(5) |
11.8.2022 |
|
|
inserted by 4/2022 s 12 |
11.8.2022 |
|
|
|
|
|
|
substituted by 4/2022 s 13(1) |
1.8.2022 |
|
|
substituted by 4/2022 s 13(2) |
1.8.2022 |
|
|
deleted by 4/2022 s 13(2) |
1.8.2022 |
|
|
Pt 5 |
|
|
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|
|
|
|
heading |
amended by 4/2022 s 14(1) |
11.8.2022 |
|
substituted by 4/2022 s 14(2) |
11.8.2022 |
|
|
substituted by 4/2022 s 14(3) |
11.8.2022 |
|
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|
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|
|
amended by 4/2022 s 15(1) |
11.8.2022 |
|
|
amended by 4/2022 s 15(2) |
11.8.2022 |
|
|
amended by 4/2022 s 15(3) |
11.8.2022 |
|
|
Pt 6 |
|
|
|
amended by 4/2022 s 16 |
11.8.2022 |
|
|
Pt 7 |
|
|
|
|
|
|
|
amended by 4/2022 s 17 |
1.8.2022 |
|
|
Pt 8 |
|
|
|
|
|
|
|
amended by 50/2024 s 14(1) |
1.12.2024 except (a)(ii)—uncommenced |
|
|
|
|
|
|
inserted by 50/2024 s 14(2) |
uncommenced—not incorporated |
|
|
Pt 9 |
|
|
|
|
|
|
|
inserted by 50/2024 s 15 |
1.12.2024 |
|
|
|
|
|
|
amended by 4/2022 s 18 |
11.8.2022 |
|
|
Sch 7 |
amended by 4/2022 s 19 |
11.8.2022 |
|
Sch 9 |
|
|
|
Pts 3—9 |
omitted under Legislation Revision and Publication
Act 2002 |
1.7.2021 |
|
Pt 10 |
|
|
|
cl 69 |
|
|
|
cl 69(1) |
substituted by 4/2022 s 20(1) |
1.8.2022 |
|
cl 69(2) |
amended by 4/2022 s 20(2) |
1.8.2022 |
Transitional etc provisions associated with Act or
amendments
Return to Work (Scheme Sustainability) Amendment
Act 2022, Sch 1—Transitional provisions
1—Interpretation
(1) In this Schedule—
Category 1 seriously injured worker means a worker who,
at any time during the period appointed by proclamation for the purposes of this
definition (the Category 1 designated period), is (or
becomes) an interim seriously injured worker;
Category 2 seriously injured worker means a worker who,
at any time during the period appointed by proclamation for the purposes of this
definition, being a period commencing immediately after the end of the
Category 1 designated period, becomes an interim seriously injured
worker;
compensating authority means the Corporation or a
self-insured employer;
designated day means a day appointed by proclamation as the
designated day for the purposes of the provision in which the term is
used;
designated worker means a worker who, in relation to a
physical injury, has been assessed to be a seriously injured worker under
Part 2 Division 5 of the principal Act;
interim seriously injured worker means a worker who is taken
to be a seriously injured worker under section 21(3) of the principal Act
pending an assessment of permanent impairment under Part 2 Division 5 of
the principal Act;
principal Act means the Return to Work
Act 2014;
relevant day means a day appointed by proclamation as the
relevant day for the purposes of the provision in which the term is
used.
(2) Other terms used in this Schedule have meanings consistent with the
meanings they have in the principal Act.
2—Application
of amendments—seriously injured workers threshold
(1) This clause applies in relation to work injuries other than
psychiatric injuries.
(2) Subject to
subclause (3), the amendments made to the principal Act by
sections 5(1), 5(4), 14 and 19 of the Act apply in relation to any work
injury where the final examination relating to the worker by an accredited
medical practitioner for the purposes of an assessment under section 22 of
the principal Act occurs on or after the designated day (even if the injury is
attributable to trauma that occurred before the designated day and even if
anything arising from the examination, or any assessment made by the accredited
medical practitioner, is subsequently set aside or disregarded by the Tribunal
or a court).
(3) Where 2 or
more accredited medical practitioners are required to undertake an examination
or assessment under section 22 of the principal Act to determine the degree
of impairment of a worker in relation to injuries arising from the same cause,
the amendments made to the principal Act by this Act will only apply if none of
the injuries are the subject of a final examination by an accredited medical
practitioner for the purposes of an assessment under section 22 of the
principal Act before the designated day.
(4) For the purposes of this clause, the final examination relating to a
worker by an accredited medical practitioner is the last attendance when the
accredited medical practitioner needs to see the worker in order to enable the
accredited medical practitioner to complete and issue the permanent impairment
assessment report under section 22 of the principal Act (even if that
report is subsequently substituted, supplemented or expanded).
Example 1—
If an accredited medical practitioner sees a worker, and then following
that appointment determines that they do not need to see the worker again, then
the final examination will be the date of that last attendance. This is even if
the accredited medical practitioner determines they do not need to see the
worker again but does require an x-ray or other test to be obtained.
Example 2—
If an accredited medical practitioner sees a worker, and then following
that appointment determines they need further tests and will need to see the
worker again following those tests, then the final examination will be the date
of that further attendance (as long as the accredited medical practitioner does
not need to see them again in order to complete and issue the permanent
impairment assessment report under section 22 of the principal
Act).
3—General provision and thresholds—seriously
injured workers
(1) Subject to this Schedule and the other provisions of this
Act—
(a) a worker who has been assessed to be a seriously injured worker under
Part 2 Division 5 of the principal Act immediately before the
designated day will continue to be regarded as a seriously injured worker;
and
(b) a worker who is taken to be a seriously injured worker under
section 21(3) of the principal Act immediately before the designated day
will continue to be taken to be a seriously injured worker.
(2) In the case of a Category 1 seriously injured
worker—
(a) in relation to an assessment of the degree of whole person impairment
made before the designated day—after the assessment is made the worker
will be regarded as a seriously injured worker for the purposes of the principal
Act if the worker is assessed to have a degree of whole person impairment that
is 30% or more under Part 2 Division 5 of the principal Act;
and
(b) in relation to an assessment of the degree of whole person impairment
made on or after the designated day—after the assessment is made the
worker will be regarded as a seriously injured worker for the purposes of the
principal Act if the worker is assessed to have a degree of whole person
impairment that is—
(i) in the case of psychiatric injury—30% or more under Part 2
Division 5 of the principal Act; and
(ii) in the case of physical injury—35% or more under Part 2
Division 5 of the principal Act.
(3) In the case of a Category 2 seriously injured worker, in relation
to an assessment of the degree of whole person impairment made on or after the
designated day, after the assessment is made the worker will be regarded as a
seriously injured worker for the purposes of the principal Act if the worker is
assessed to have a degree of whole person impairment that is—
(a) in the case of psychiatric injury—30% or more under Part 2
Division 5 of the principal Act; and
(b) in the case of physical injury—35% or more under Part 2
Division 5 of the principal Act.
4—Elections—seriously injured
workers
(1) This clause applies in relation to the operation of section 56A
of the principal Act, as enacted by this Act.
(2) If a worker is a designated worker before the designated day, the
worker may make an election under section 56A on or after the relevant day
and subclause (4) will apply in relation to the worker.
(a) a worker is a Category 1 seriously injured worker; and
(b) the worker is assessed to have a degree of whole person impairment
that is 30% or more under Part 2 Division 5 of the principal Act;
and
(c) that assessment is made before the designated day,
the worker may make an election under section 56A and
subclause (4) will apply in relation to the worker.
(4) If this
subclause applies in relation to a worker, section 56 (as amended by this
Act) and section 56A (as enacted) of the principal Act will apply subject
to the following modifications and qualifications:
(a) the age factor (AF) applying in relation to the worker will be taken
to be the worker's age at the date of the election rather than the relevant date
as it applies in relation to the worker under section 5 of the principal
Act;
(b) the total payment under section 56 that the worker can receive
cannot exceed the prescribed sum applicable for 29% whole person
impairment;
(c) section 56A(7) will apply so that the only amounts to be deducted
are weekly payments made to the worker under section 41 of the principal
Act where—
(i) the payments are made on or after the designated day under this
subclause and before the date of the election; and
(ii) the payments are made after the period of 104 weeks from the
date on which the incapacity for work first occurs, other than weekly payments
made in accordance with section 56A(6) after—
(A) in the case of an election made by a 50% or more WPI worker—the
day on which the relevant application is referred to the Tribunal under
section 56A; or
(B) in any other case—the day on which the election is received by
the Corporation under section 56A.
(5) If a worker—
(a) is a Category 1 seriously injured worker who is assessed to be a
designated worker on or after the designated day under subclause (3);
or
(b) is a Category 2 seriously injured worker,
the worker may only make an election under section 56A if the worker
is assessed to have a degree of whole person impairment that is 35% or more
under Part 2 Division 5 of the principal Act and, in the case of a
Category 1 seriously injured worker, subclause (6) will apply in
relation to the worker.
(6) If this
subclause applies in relation to a worker, section 56 (as amended by this
Act) and section 56A (as enacted) of the principal Act will apply subject
to the following modifications and qualifications:
(a) the age factor (AF) applying in relation to the worker will be taken
to be the worker's age at the date of the election rather than the relevant date
as it applies in relation to the worker under section 5 of the principal
Act;
(b) section 56A(7) will apply so that the only amounts to be deducted
are weekly payments made to the worker under section 41 of the principal
Act where—
(i) the payments are made on or after the designated day under this
subclause and before the date of the election; and
(ii) the payments are made after the period of 104 weeks from the
date on which the incapacity for work first occurs, other than weekly payments
made in accordance with section 56A(6) after—
(A) in the case of an election made by a 50% or more WPI worker—the
day on which the relevant application is referred to the Tribunal under
section 56A; or
(B) in any other case—the day on which the election is received by
the Corporation under section 56A.
(7) Despite any other provision, a worker who is a seriously injured
worker as a result of an injury that is attributable to a trauma that occurred
before 1 July 2015 is not entitled to make an election under
section 56A of the principal Act.
5—Interim decisions under section 21(3) of
Act
(1) This clause applies in relation to the application of the amendments
made by section 5(2) of this Act.
(2) In this clause, a reference to the relevant provision is
a reference to subsection (4)(b)(ii) of section 21 of the principal
Act as enacted by section 5(2) of this Act.
(3) The amendments made by section 5(2) of this Act apply as
follows:
(a) in relation to a Category 1 seriously injured worker—
(i) the principal Act as amended by section 5(2) of this Act will
apply from the designated day under this subparagraph; and
(ii) until the designated day under this subparagraph, the amendments will
apply as if a reference to 35% in the relevant provision were a reference to
30%; and
(iii) on and after the designated day under this subparagraph, in relation
to a worker with a physical injury, the compensating authority may also act
under the relevant provision if it appears that the worker's likely degree of
whole person impairment is not likely to be 35% or more;
(b) in relation to a Category 2 seriously injured worker—the
principal Act as amended by section 5(2) of this Act will apply from the
designated day under this paragraph.
6—Amendment
or substitution of Impairment Assessment Guidelines
(1) Subject to this clause, subsections (6) and (6a) of
section 22 of the principal Act, as enacted by section 6(2) of this
Act, apply in relation to any amendment or substitution of the Impairment
Assessment Guidelines that takes effect on or after the designated day
(including in relation to an injury that occurred before the designated
day).
(2) The WorkCover
Guidelines for the evaluation of permanent impairment, published in the Gazette
on 26 March 2009, will continue to apply in relation to an injury that
has been the subject of an application made under regulation 5 of the
Return to Work (Transitional Arrangements) (General)
Regulations 2015.
(3) The Impairment
Assessment Guidelines, published in the Gazette on 12 March 2015, will
continue to apply in relation to an injury that has been the subject of an
application made under regulation 4 of the Return to Work (Transitional
Arrangements) (General) Regulations 2015.
(4) Despite any
other provision of the principal Act or this Act, in the case of a worker whose
injury or injuries have stabilised, and who on or after the commencement of this
subclause gives a written notice to the compensating authority selecting a
particular accredited medical practitioner to undertake an assessment under
section 22 of the principal Act of the degree of impairment resulting from
the injury or injuries, the Return to Work Scheme Impairment Assessment
Guidelines published March 2015 apply in relation to the injury or injuries
rather than the version of the Impairment Assessment Guidelines applying
immediately before the commencement of this subclause, unless the Return to Work
Scheme Impairment Assessment Guidelines published March 2015 already
applied, in which case, that version will continue to apply.
7—Impairment Assessment
Guidelines
(1) The Impairment
Assessment Guidelines, as in existence immediately before the designated day,
are not subject to the operation of subsection (19) of section 22 of
the principal Act, as enacted by section 6(6) of this Act, but that
subsection will apply to any amendment or substitution of those guidelines that
takes effect on or after the designated day.
(2) Subclause (1) does not apply in relation to the Impairment
Assessment Guidelines that apply under clause 6(4).
8—Supplementary income support
The amendment made to the principal Act by section 7 of this Act applies in
relation to surgery approved by a compensating authority—
(a) before the designated day in relation to surgery that is conducted on
or after the designated day; or
(b) on or after the designated day.
Return to Work (Employment and Progressive Injuries)
Amendment Act 2024, Sch 1—Transitional
provisions
1—Interpretation
(1) In this Schedule—
designated day means a day appointed by proclamation as the
designated day for the purposes of the provision in which the term is
used;
principal Act means the Return to Work
Act 2014.
(2) Other terms used in this Schedule have meanings consistent with the
meanings they have in the principal Act.
2—Average weekly
earnings
(1) Section 5 of the principal Act, as in existence immediately before
the designated day, continues to apply in relation to the average weekly
earnings (and, if relevant, notional weekly earnings) of a worker if the
determination of the average weekly earnings is made before the designated
day.
(2) If, on or after the designated day, a disease is prescribed by
regulation as a prescribed dust/fibre disease under section 5(18) of the
principal Act, as enacted by section 4(4) of this Act, the prescription of
the disease will not apply in relation to the average weekly earnings (and, if
relevant, notional weekly earnings) of a worker if the determination of the
average weekly earnings is made before the commencement of the
regulation.
Editorial note—
Clause 2 had not come into operation at the date of the publication
of this version.
3—Employer's duty to provide
work
The amendments made by section 6 of this Act to section 18 of the principal
Act apply on or after the designated day (including in respect of a work injury
attributable to a trauma that occurred before that day).
4—Monetary claims
Section 19A(1) of the principal Act, as enacted by section 8 of
this Act, apply in relation to an application made to the Tribunal on or after
the designated day.
5—Amendment of Impairment Assessment
Guidelines
(1) The first edition of the Impairment Assessment Guidelines is amended
or modified in the manner set out in this clause.
(2) Clause 1.13 and 1.14 of the Impairment Assessment
Guidelines—delete the clauses and substitute:
1.13 An assessment of whole person impairment is only to be conducted when
one of the conditions in section 22(7)(a) of the Act has been
satisfied.
1.14 If an assessment cannot proceed under clause 1.13, the assessor must
provide an explanation about why the assessment must be deferred.
(3) Clause 2.3 of the Impairment Assessment Guidelines—delete "must
be at MMI" and substitute:
must be stabilised
(4) Clause 2.22 of the Impairment Assessment Guidelines—delete "to
permit adequate time to achieve MMI" and substitute:
to allow adequate time for the injury to have stabilised
(5) Clause 3.47 of the Impairment Assessment Guidelines—delete "to
permit adequate time to achieve MMI" and substitute:
to allow adequate time for the injury to have stabilised
(6) Clause 16.4 of the Impairment Assessment Guidelines—delete "must
have reached maximum medical improvement (MMI – refer introduction 1.13
– 1.14)" and substitute:
must satisfy the requirements of section 22(7)(a) of the Act
(7) Clause 17.3 of the Impairment Assessment Guidelines—delete "has
stabilised/reached MMI" and substitute:
satisfies the requirements of section 22(7)(a) of the Act
(8) Appendix 1 of the Impairment Assessment Guidelines—delete "MMI"
and substitute:
the injury being stabilised
(9) Appendix 3 of the Impairment Assessment Guidelines—delete the
item relating to "MMI".
(10) A reference to "MMI" in the American Medical Association Guides to
the evaluation of permanent impairment, 5th edition (AMA5) (as adopted by
the Impairment Assessment Guidelines) will be taken to be a reference to one of
the conditions in section 22(7)(a) of the Act.
(11) To avoid doubt, a reference to an injury being at MMI in a report
prepared (whether before or after the commencement of this clause) for the
purposes of an assessment of permanent impairment is to be taken to be a
reference to the injury being stabilised.
Historical versions
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1.7.2021 |
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1.8.2022 |
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11.8.2022 |
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