South Australian Numbered Acts

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RETURN TO WORK ACT 2014 (NO 16 OF 2014) - SECT 176

176—Agreements with LSS Authority

        (1)         A prescribed authority may, in accordance with section 55 of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 , enter into an agreement with the LSS Authority for the provision of services to persons—

            (a)         who have suffered work injuries; and

            (b)         who, in the opinion of the prescribed authority, would benefit from participating in certain aspects of the Scheme under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 relating to treatment, care and support needs and in having other services (whether under that Act or this Act) provided by the LSS Authority.

        (2)         If a person is subject to an agreement under this section—

            (a)         the person is required to comply with the provisions of the agreement insofar as it provides for the provision of services by the LSS Authority; and

            (b)         the prescribed authority is not required to provide services or compensation under this Act to the extent that they are provided by the LSS Authority under this section (and under section 55 of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 ); and

            (c)         the prescribed authority may, if the agreement so provides and to the extent provided by the agreement, delegate to the LSS Authority any power or discretion that is exercisable in relation to the person under any section of this Act prescribed by the regulations for the purposes of this paragraph (including, in the case of a self-insured employer, a power or discretion delegated to the self-insurer employer under Part 9 Division 2 of this Act); and

            (d)         the prescribed authority must make any payment contemplated by section 55(2)(c) of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 (or under subsection (3)(c)).

        (3)         If a power or discretion is delegated under subsection (2)(c)—

            (a)         the prescribed authority may direct the LSS Authority how the LSS Authority is to exercise the power or discretion; and

            (b)         a decision of the LSS Authority made pursuant to a power or discretion will have effect as a decision of the prescribed authority and will be subject to review and appeal as a decision of the prescribed authority; and

            (c)         the agreement between the prescribed authority and the LSS Authority may provide for—

                  (i)         a payment or payments to the LSS Authority to ensure that the LSS Authority is appropriately funded to provide any relevant services or compensation under the delegation; and

                  (ii)         other payments in connection with the operation of the agreement,

(with any such payments to be paid into the Fund under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 ).

        (4)         In this section—

"LSS Authority" means the Lifetime Support Authority of South Australia;

"prescribed authority" means—

            (a)         in relation to a person who suffered a work injury as a worker of a self-insured employer—that self-insured employer; and

            (b)         in any other case—the Corporation.



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