South Australian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RETURN TO WORK ACT 2014 (NO 16 OF 2014) - SECT 102

102—Initial reconsideration

        (1)         The relevant compensating authority must, on receiving a copy of an application under this Part—

            (a)         assign a suitable person to reconsider the decision to which the application relates; and

            (b)         have the decision reconsidered in the light of the matters set out in the application.

        (2)         A person assigned to reconsider the decision—

            (a)         may be (but need not be) an officer of the relevant compensating authority but must not be the person who made the decision; and

            (b)         must be a person who has been nominated to the Registrar in accordance with the regulations as a person who may be assigned to reconsider decisions under this Division.

        (3)         On completion of the reconsideration, the relevant compensating authority must confirm or vary the decision to conform with the result of the reconsideration and give the Registrar a written notice stating—

            (a)         the result of the reconsideration; and

            (b)         whether the compensating authority has confirmed or varied the decision as a result of the reconsideration and, if the decision has been varied, how the decision has been varied.

        (4)         If the disputed decision is varied, the written notice must also be given to the other parties to the proceedings.

        (5)         The relevant compensating authority must complete the reconsideration and give the notice or notices stating the result of the reconsideration as soon as is reasonably practicable but in any event within 10 business days after receiving the copy of the application or a longer time allowed by the Registrar on the authority's application.

Maximum penalty: $5 000.

        (6)         The variation of a decision under this section is not to be regarded as a redetermination of a claim under the other provisions of this Act.

        (7)         A decision on a claim by the Tribunal itself, made in the exercise of the Tribunal's special jurisdiction to expedite decisions on claims, is not liable to reconsideration under this section and if such a decision is the subject of an application under this Part, the matter will immediately proceed to be reviewed under Part 3 of the South Australian Employment Tribunal Act 2014 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback