South Australian Numbered Acts South Australian Numbered Acts188—Injuries that develop gradually
(1) An injury (not being noise induced hearing loss) that develops gradually or is a disease will be taken to have occurred when the worker first becomes totally or partially incapacitated for work by the injury.
(2) Subject to this section, where a claim is made under this Act in respect of noise induced hearing loss by a worker (not being a person who has retired from employment on account of age or ill-health), the whole of the loss will be taken to have occurred immediately before notice of the injury was given and, subject to any proof to the contrary, to have arisen out of employment in which the worker was last exposed to noise capable of causing noise induced hearing loss.
(3) If a claim is made under this Act in respect of noise induced hearing loss by a person who has retired from employment on account of age or ill-health, the whole of the loss will be taken to have occurred immediately before the person retired and, subject to any proof to the contrary, to have arisen out of employment in which the person was last exposed to noise capable of causing noise induced hearing loss.
(4) If—
(a) a self-insured employer establishes in accordance with procedures laid down by the regulations that a worker was, at the time of undertaking employment with the employer, suffering from a particular injury; and
(b) the injury is of a prescribed class; and
(c) an aggravation, acceleration, exacerbation, deterioration or recurrence of the injury arises from employment by the employer referred to in paragraph (a); and
(d) the employer pays compensation under this Act in respect of the injury,
the employer may, by action in the Industrial Relations Court of South Australia, recover a fair contribution, determined by the Court, towards the amount of the compensation—
(e) from any self-insured employer from whose employment the injury established under paragraph (a) arose; or
(f) if there is no such self-insured employer—from the Corporation.
(5) If—
(a) an employer (not being a self-insured employer) establishes in accordance with procedures laid down by the regulations that a worker was, at the time of undertaking employment with the employer, suffering from a particular injury; and
(b) the injury is of a prescribed class; and
(c) an aggravation, acceleration, exacerbation, deterioration or recurrence of the injury arises from employment by the employer referred to in paragraph (a); and
(d) the Corporation pays compensation under this Act in respect of the injury,
the Corporation may, by action in the Industrial Relations Court of South Australia, recover a fair contribution, determined by the Court, towards the amount of the compensation from any self-insured employer from whose employment the injury established under paragraph (a) arose.