South Australian Numbered Acts South Australian Numbered ActsSchedule 1—Related amendments and transitional provisions
Part
1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment of WorkCover Corporation Act 1994
2—Amendment of section 13—Functions
(1)
Section 13(1)(a)(i)—delete subparagraph (i)
(2)
Section 13(1)(j)—delete paragraph (j) and substitute:
(j) to
devise, promote or approve courses of training in workers rehabilitation and,
with the approval of the Minister, to accredit service providers in the field
of workers rehabilitation and compensation;
(3)
Section 13(1)—after paragraph (k) insert:
(ka) to
support activities and other initiatives relating to occupational health,
safety or welfare;
(4)
Section 13(1)(m)—delete paragraph (m)
3—Amendment of section 16—Committees
Section 16(3)—delete subsection (3) and substitute:
(3) The Corporation
must allocate sufficient resources to ensure that the committees established
under this Act and the Workers Rehabilitation and Compensation Act 1986
can operate effectively.
Schedule, clauses 1, 2, 3 and 4—delete clauses 1, 2, 3 and 4 and
substitute:
1—References
A reference in an instrument to the Workers Rehabilitation and Compensation
Corporation will be construed as a reference to the Corporation.
Part 3—Amendment of Workers Rehabilitation and Compensation
Act 1986
5—Amendment of section 64—The Compensation Fund
Section 64(3)—after paragraph (d) insert:
(e) any
payment that the Corporation is required to make under the
Occupational Health, Safety and Welfare Act 1986 .
(1) Schedule 1, clause
4(3)—delete "established under schedule 4" and substitute:
under Schedule 3 of the Occupational Health, Safety and Welfare Act 1986
(2) Schedule 1, clause
4(8)(b)—delete paragraph (b)
Schedule 4—delete Schedule 4
Part 4—Transitional provisions
(1) The Minister may,
by notice in the Gazette, transfer a person who is a member of the staff of
WorkCover immediately before the commencement of this subclause to—
(a) the
Department; or
(b)
another administrative unit in the Public Service of the State.
(2) The Minister must
obtain the concurrence of the board of management of WorkCover before he or
she may act under subclause (1).
(3) The conditions of
employment that will apply to a person on his or her transfer under
subclause (1) will be determined by the Commissioner for Public
Employment after consultation with—
(a) the
Chief Executive of the Department and, if a person is being transferred to
another administrative unit under subclause (1)(b), the Chief Executive
of that other administrative unit; and
(b) any
registered association that represents the interests of any person who is
being transferred; and
(c)
WorkCover.
(4) Despite
subclause (3), a transfer under subclause (1) will occur without
prejudice to any continuity of service of a person and without affecting any
accrued right to leave.
(1) The Governor may,
by proclamation made on the recommendation of the Minister, vest an asset,
right or liability of WorkCover in—
(a) the
Crown; or
(b) the
Minister.
(2) The Governor may,
by proclamation made on the recommendation of the Minister, transfer a
monetary amount from WorkCover to the Department on account of the
arrangements or functions that are to be established or assumed by the
Advisory Committee or the Department after the enactment of this Act.
(3) The Minister must
obtain the concurrence of the board of management of WorkCover before he or
she may make a recommendation under subclause (1) or (2).
(4) Any money
transferred from WorkCover under subclause (2) will be paid from the
Compensation Fund (without further authorisation under the
Workers Rehabilitation and Compensation Act 1986 ).
10—Review of conciliation and mediation scheme
(1) The Minister to
whom the administration of the principal Act is committed must cause a review
to be undertaken in relation to the operation of section 55A of the principal
Act after that section has been in operation for a period of 12 months
(2) The results of the
review must be embodied in a written report and incorporated into the
Department's annual report for the financial year during which the review is
completed.
(1) The period within
which a person must attend a course of training under section 61(2a) of
the principal Act (as enacted by this Act) if the person is appointed as a
responsible officer within the first 12 months after the commencement of
this clause will be extended from 3 months to 12 months after his or
her appointment.
(2) A person who is a
responsible officer under section 61 of the principal Act on the commencement
of this clause must attend a course of training recognised or approved by the
Advisory Committee for the purposes of subsection (2a) of that section within
3 years after the commencement of this clause.
(3) However—
(a) the
requirement for a person to attend a course of training under
subclause (2) lapses if the person ceases to be a responsible officer for
the relevant body corporate (but this paragraph does not derogate from the
operation of section 61(2a) of the principal Act); and
(b) a
person is not required to attend a course of training under subclause (2)
if he or she has, before the commencement of this clause, attended a course of
training recognised by the Advisory Committee for the purposes of this
provision.
(4) A person who fails
to comply with subclause (2) will be guilty of an offence and liable to
the same penalty as the penalty that applies to a failure to comply with
section 61(2a) of the principal Act.
The persons holding office as members of the Mining and Quarrying Occupational
Health and Safety Committee immediately before the commencement of this clause
may continue to hold office after the commencement of this clause.
The Governor may, by regulation, make other provisions of a saving or
transitional nature consequent on the enactment of this Act.
In this Part—
Advisory Committee means the SafeWork SA Advisory Committee;
Compensation Fund means the Compensation Fund under Part 5 of the
Workers Rehabilitation and Compensation Act 1986 ;
Department means the administrative unit of the Minister to whom the
administration of the principal Act is committed;
principal Act means the Occupational Health, Safety and Welfare Act 1986
;
registered association has the same meaning as in the
Occupational Health, Safety and Welfare Act 1986 ;
WorkCover means the WorkCover Corporation of South Australia.