South Australian Numbered Acts South Australian Numbered Acts18—Employer's duty to provide work
(1) If a worker who has been incapacitated for work in consequence of a work injury is able to return to work (whether on a full-time or part-time basis and whether or not to his or her previous employment), the employer from whose employment the injury arose (the "pre-injury employer") must provide suitable employment for the worker (the employment being employment for which the worker is fit and, subject to that qualification and this section, so far as reasonably practicable the same as, or equivalent to, the employment in which the worker was working immediately before the incapacity).
(2) Subsection (1) does not apply if—
(a) it is not reasonably practicable to provide employment in accordance with that subsection (and the onus of establishing that lies on the employer); or
(b) the worker left the employment of that employer before the commencement of the incapacity for work; or
(c) the worker terminated the employment after the commencement of the incapacity for work; or
(d) new or other employment options have been agreed between the worker, the employer and the Corporation under section 25(10); or
(e) the worker has otherwise returned to work with the pre-injury employer or another employer.
(a) a worker who has been incapacitated for work in consequence of a work injury seeks employment with the pre-injury employer consistent with the requirements of subsection (1); and
(b) the worker, in seeking the employment—
(i) by written notice to the employer—
(A) confirms that he or she is ready, willing and able to return to work with the employer; and
(B) provides information about the type of employment that the worker considers that he or she is capable of performing; and
(ii) complies with any other requirements prescribed by the regulations; and
(c) the employer fails, within a reasonable time, to provide suitable employment to the worker,
the worker may apply to the Tribunal for an order under subsection (5).
(4) If an employer fails to provide suitable employment under subsection (3) within 1 month after the worker seeks such employment in accordance with that subsection (the "prescribed period"), the application by the worker to the Tribunal may be made within 1 month after the end of the prescribed period unless the Tribunal allows an extension of time.
(5) If, on an application under subsection (3), the Tribunal is satisfied that it is not unreasonable for the employer to provide employment to the worker, the Tribunal must order the employer to provide to the worker employment specified by the Tribunal unless the Tribunal, in the exercise of its adjudicative function, determines otherwise.
(6) A worker who makes an application under subsection (3) is entitled, subject to subsections (8) and (9) and to limits prescribed by the regulations, to an award against the relevant employer for the worker's reasonable costs of the proceedings before the Tribunal.
(7) If on an application under subsection (3) the Tribunal declines to make an order in favour of the worker under subsection (5), the Corporation is liable, subject to subsection (8) and to limits prescribed by the regulations—
(a) for the employer's reasonable costs of the proceedings before the Tribunal (unless those costs are covered by an award under subsection (9)(a)); and
(b) for the costs payable to the worker under subsection (6).
(8) Costs may only be awarded to cover—
(a) the cost of representation by a legal practitioner or an officer or employee of an industrial association; and
(b) costs of a kind authorised by the regulations that were reasonably incurred.
(9) If the Tribunal is of the opinion that a worker acted unreasonably, frivolously or vexatiously in bringing or in relation to the conduct of proceedings under subsection (5), the Tribunal may—
(a) decline to make an award of costs in favour of the worker and may (if it thinks fit) make an award of costs against the worker; or
(b) reduce the amount of the award of costs to which the worker would otherwise have been entitled.
(10) Subject to subsection (11), an award of costs to cover professional advice or assistance may, if the Tribunal considers appropriate, be made in favour of the person who provided the professional advice or assistance.
(11) An award of costs to cover the cost of representation by an officer or employee of an industrial association are payable to the industrial association.
(a) the Tribunal orders an employer to provide employment to a worker under subsection (5); and
(b) the employer fails to comply with that order and
(c) the worker applies to the Corporation for financial support under subsection (13),
the Corporation must, subject to subsection (14), provide financial support to the worker under subsection (13).
(13) The financial support will be in the form of weekly payments that represent the weekly amounts that the worker would be expected to receive from the employer if the employer complied with the order of the Tribunal.
(14) The Corporation is not required to make a payment under subsection (13) in respect of a failure on the part of the employer after the end of the period of 104 weeks from the date on which the incapacity for work referred to in subsection (3)(a) first occurred (the "prescribed period") and any liability of the Corporation to provide financial support to the worker under subsection (13) ceases at the end of the prescribed period.
(15) The Corporation may recover any amount paid to a worker under subsection (13), together with interest at the prescribed rate, as a debt from the employer in default.
(16) Nothing in subsections (12) to (15) (inclusive)—
(a) limits any other penalty or liability that may be imposed on the employer under this or any other Act or law on account of the employer's failure to comply with an order of the Tribunal; or
(b) derogates from any obligation of the employer to pay wages to the worker under this or any other Act or law.
(17) A reference in this section to suitable employment to be provided by a worker's employer includes employment in respect of which—
(a) the number of hours each day or week that the worker performs work; or
(b) the range of duties the worker performs,
is suitably increased in stages (in accordance with a recovery/return to work plan or otherwise).