South Australian Numbered Acts

RETURN TO WORK ACT 2014 (NO 16 OF 2014) - SECT 15

15—Workers

        (1)         A worker who has suffered a work injury is entitled to expect—

            (a)         early intervention by the Corporation in providing recovery and return to work services; and

            (b)         the Corporation to actively manage the worker's injury and claim and to provide services in a manner consistent with the requirements of this Act; and

            (c)         his or her employer to participate and co-operate in assisting the worker's recovery and return to work and to reasonably support the worker in receiving any benefit available under this Act.

        (2)         A worker may reasonably request the Corporation to review the provision of any service to the worker under this Act or to investigate any circumstance where it appears that the worker's employer is not complying with any requirement of this Act as to the retention, employment or re-employment of the worker.

        (3)         A worker who has suffered a work injury must, in a manner consistent with the objects of this Act—

            (a)         participate in all activities designed to enable the worker to recover and return to work as soon as is reasonably practicable; and

            (b)         without limiting paragraph (a)—

                  (i)         participate and co-operate in the establishment of a recovery/return to work plan; and

                  (ii)         comply with obligations imposed on the worker by or under a recovery/return to work plan; and

            (c)         ensure that the Corporation is provided with current medical certificates (in the designated form provided by recognised health practitioners) with respect to any incapacity for work for which weekly payments are being made to the worker under this Act so as to provide evidence to support the continuation of those payments; and

            (d)         return to suitable employment when reasonably able to do so; and

            (e)         take reasonable steps to mitigate any possible loss on account of the work injury.

        (4)         Subsection (3)(a), (b) and (d) will not apply in relation to a seriously injured worker (who may decide the extent to which he or she will seek to participate in any processes designed to have the worker return to work).

        (5)         This section does not give rise to substantive rights or liabilities (but nothing in this section detracts from rights or liabilities established or prescribed under other relevant provisions of this Act (including section 16)).