South Australian Numbered Acts

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RETURN TO WORK ACT 2014 (NO 16 OF 2014) - SECT 53

53—Redemptions—liabilities associated with weekly payments

        (1)         A liability to make weekly payments under Division 4 may, by agreement between the worker and the Corporation, be redeemed by a capital payment to the worker.

        (2)         An agreement for the redemption of a liability under this section cannot be made unless—

            (a)         the worker has received competent professional advice about the consequences of redemption; and

            (b)         the worker has received competent financial advice about the investment or use of money to be received on redemption; and

            (c)         the Corporation has consulted with the employer out of whose employment the injury arose and has considered any representations made by the employer; and

            (d)         a recognised health practitioner has certified that the extent of the worker's incapacity resulting from the work injury can be determined with a reasonable degree of confidence.

        (3)         The amount of the redemption payment is to be fixed by the agreement.

        (4)         If the Corporation notifies a worker in writing that it is prepared to enter into negotiations for the redemption of a liability by agreement under this section, the Corporation is liable to indemnify the worker for reasonable costs of obtaining the advice required under this section up to a limit prescribed by regulation.

        (5)         In the case of a seriously injured worker, this section applies subject to any election made by the worker under Part 5 Division 1.

        (6)         The following decisions are not reviewable:

            (a)         a decision of the Corporation not to agree to a redemption under this section;

            (b)         a decision on the amount of a redemption.



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