South Australian Current Acts South Australian Current Acts188—Injuries that develop gradually
(1) An injury (not
being noise induced hearing loss) that develops gradually or is a disease will
be taken to have occurred when the worker first becomes totally or partially
incapacitated for work by the injury.
(2) Subject to this
section, where a claim is made under this Act in respect of noise induced
hearing loss by a worker (not being a person who has retired from employment
on account of age or ill-health), the whole of the loss will be taken to have
occurred immediately before notice of the injury was given and, subject to any
proof to the contrary, to have arisen out of employment in which the worker
was last exposed to noise capable of causing noise induced hearing loss.
(3) If a claim is made
under this Act in respect of noise induced hearing loss by a person who has
retired from employment on account of age or ill-health, the whole of the loss
will be taken to have occurred immediately before the person retired and,
subject to any proof to the contrary, to have arisen out of employment in
which the person was last exposed to noise capable of causing noise induced
hearing loss.
(4) If—
(a) a
self-insured employer establishes in accordance with procedures laid down by
the regulations that a worker was, at the time of undertaking employment with
the employer, suffering from a particular injury; and
(b) the
injury is of a prescribed class; and
(c) an
aggravation, acceleration, exacerbation, deterioration or recurrence of the
injury arises from employment by the employer referred to in
paragraph (a); and
(d) the
employer pays compensation under this Act in respect of the injury,
the employer may, by action in the Industrial Relations Court of South
Australia, recover a fair contribution, determined by the Court, towards the
amount of the compensation—
(e) from
any self-insured employer from whose employment the injury established under
paragraph (a) arose; or
(f) if
there is no such self-insured employer—from the Corporation.
(5) If—
(a) an
employer (not being a self-insured employer) establishes in accordance with
procedures laid down by the regulations that a worker was, at the time of
undertaking employment with the employer, suffering from a particular injury;
and
(b) the
injury is of a prescribed class; and
(c) an
aggravation, acceleration, exacerbation, deterioration or recurrence of the
injury arises from employment by the employer referred to in
paragraph (a); and
(d) the
Corporation pays compensation under this Act in respect of the injury,
the Corporation may, by action in the Industrial Relations Court of South
Australia, recover a fair contribution, determined by the Court, towards the
amount of the compensation from any self-insured employer from whose
employment the injury established under paragraph (a) arose.