South Australian Numbered Acts South Australian Numbered Acts77—Mitigation of damages
(1) In assessing damages in a case where this Part applies, the court must consider the steps that have been taken, and that could reasonably have been or be taken by the injured worker, to mitigate those damages.
(2) In particular, the court must consider the following matters:
(a) whether the injured worker has undergone appropriate medical treatment;
(b) whether the injured worker has duly complied with any other relevant obligation under Part 3 or Part 4.
(3) In any proceedings for damages, the person claiming damages has the onus of proving that all reasonable steps to mitigate damages have been taken by the injured worker.
(4) However, the person claiming damages does not have the onus of establishing that the steps referred to in paragraph (b) of subsection (2) have been taken, and the court assessing damages does not have to take the matters referred to in that paragraph into account, unless it is established that before those steps could reasonably be expected to have been taken the worker was made aware by the employer or the Corporation that the worker was required to take those steps.
(5) In any proceedings for damages, a written report by a person who provided medical or recovery/return to work services to the injured worker is admissible as evidence of any such steps taken by that worker.