South Australian Numbered Acts South Australian Numbered Acts147—Remissions and supplementary payments
(1) Subject to this section, the Corporation may, in relation to a particular employer, after having regard to 1 or more of the matters specified under subsection (2) (being a matter that the Corporation determines to be appropriate and relevant)—
(a) grant the employer a remission of part of a premium or fee that would otherwise be payable by the employer; or
(b) impose a supplementary payment on the employer (to be paid in addition to the premiums or fees payable by the employer under this Part).
(2) The following matters are specified for the purposes of subsection (1):
(a) the adequacy or inadequacy of measures taken by the employer to reduce the incidence of work related traumas and injuries;
(b) the incidence or costs of claims for work injuries suffered by the employer's workers;
(c) the recovery and return to work facilities or services for injured workers provided by the employer;
(d) the absence or inadequacy of recovery and return to work facilities or services provided by the employer;
(e) the employer's practices and procedures in connection with the appointment and work of a return to work co-ordinator under Part 3 (including with respect to compliance with any relevant guidelines published by the Corporation for the purposes of section 26);
(f) the fact that the employer has not been paying a worker who suffers a work injury the wage to which the worker is entitled under any law (including a law of the Commonwealth) or under any award or industrial agreement;
(g) the employer's practices as to the retention, employment or re-employment of injured workers (and, in particular, any failure on the employer's part to provide, in accordance with this Act, employment to a worker who has suffered a work injury in the employer's employment or any breach of this Act that is constituted by the employer terminating a worker's employment with the employer);
(h) any other matter (whether similar or dissimilar to those referred to above) that the Corporation determines to be appropriate and relevant.
(3) The following provisions apply in connection with subsections (1) and (2):
(a) a reference to an employer extends to another employer who is linked to the employer through a transfer of business;
(b) the matters referred to in paragraphs (a) to (g) (inclusive) of subsection (2) are not intended to establish any pattern or principle that must be applied by the Corporation under paragraph (h) of that subsection;
(c) if the Corporation imposes a supplementary payment, the Corporation may require the employer to observe conditions stipulated by the Corporation in a written notice to the employer and if an employer fails to comply with such a condition then the Corporation may impose on that employer a further supplementary payment;
(d) the Corporation may establish return to work programs for injured workers on terms under which an employer who participates in the program by providing employment for such workers and complying with other conditions of the scheme determined is entitled to a remission of premium that would otherwise be payable by the employer on a basis set out in the scheme.
(4) The Corporation may, for any proper reason—
(a) adjust or revoke a remission of any premium or fee granted, or a supplementary payment imposed, under this section; or
(b) vary or revoke a condition imposed under this section.
(5) A remission or supplementary payment will be provided or payable in accordance with a scheme approved by the Minister for the purposes of this section.
Division 7—Administration of premiums/fees scheme