South Australian Numbered Acts

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12—Insertion of section 32A

After section 32 insert:

32A—Special provisions for payment of medical expenses after initial notification of disability

        (1)         A worker may, by application made to the Corporation in the designated manner and the designated form, apply to the Corporation for the payment of costs within the ambit of section 32 before the determination of a claim under Division 8.

        (2)         The Corporation may, in connection with an application under subsection (1), require a worker to provide information specified by the Corporation.

        (3)         The Corporation may, on application under subsection (1), determine that it is reasonable to accept provisional liability for the payment of compensation under section 32 and make a payment under this section.

        (4)         The maximum amount payable under this section with respect to a particular disability is $5 000 (indexed).

        (5)         The acceptance of provisional liability under this section does not constitute an admission of liability under this Act or independently of this Act.

        (6)         A payment under this section with respect to a particular cost discharges any liability that the Corporation may have with respect to that cost under section 32.

        (7)         The Corporation may determine not to make a payment under this section despite the fact that the Corporation has previously made 1 or more payments with respect to the same disability under this section.

        (8)         Subject to subsection (9), if the Corporation makes 1 or more payments under this section and it is subsequently determined that the worker was not entitled to compensation under this Act, the Corporation may, subject to and in accordance with the regulations—

            (a)         recover the amount or amounts paid as a debt; or

            (b)         set the amount off against a right to payment of compensation under this Act.

        (9)         A right of recovery or set off under subsection (8) only arises if the worker has acted dishonestly in making an application or providing information for the purposes of this or any other section of this Act.

        (10)         The following decisions are not reviewable:

            (a)         a decision to accept or not to accept liability under this section;

            (b)         a decision to make or not to make a payment under this section;

            (c)         a decision to exercise or not to exercise a right of recovery under this section.

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