South Australian Numbered Acts

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17—Insertion of section 37

After section 36 insert:

37—Adjustments due to change from original arrangements

        (1)         The Corporation may, on its own initiative or at the request of the worker, review the calculation of the average weekly earnings of a worker (and therefore the notional weekly earnings of a worker) for the purpose of making an adjustment due to—

            (a)         a change in a component of the worker's remuneration used to determine average weekly earnings (including a component constituted by a non-cash benefit); or

            (b)         a change in the equipment or facilities provided or made available to the worker (if relevant to average weekly earnings).

        (2)         A request by a worker must be made in a designated manner and a designated form.

        (3)         Before the Corporation begins a review under this section, the Corporation must give the worker notice, in a designated form—

            (a)         informing the worker of the proposed review; and

            (b)         inviting the worker to make written representations to the Corporation on the subject of the review within a reasonable time specified in the notice.

        (4)         If the Corporation finds on a review under this section that there has been a change that warrants an adjustment contemplated by subsection (1), the Corporation may make the relevant adjustment.

        (5)         An adjustment under this section—

            (a)         will take effect as an adjustment to the worker's notional weekly earnings (and may therefore increase or reduce weekly payments under this Division); and

            (b)         operates from a date determined by the Corporation (which may be an antecedent date but not a date that is before the date of the change on which the adjustment is based and not so as to result in a retrospective reduction in weekly payments).

        (6)         For the purposes of a review under this section, the Corporation may, by notice in writing to the worker to whom the review relates, require the worker to furnish any information that the Corporation determines to be relevant to the review.

        (7)         If a worker fails to comply with a requirement under subsection (6) within the time allowed in the notice, the Corporation may suspend weekly payments to the worker.

        (8)         On completing the review, the Corporation must give notice, in a designated form, setting out the Corporation's decision on the review, and the rights of review that exist in respect of the decision to—

            (a)         the worker; and

            (b)         the employer from whose employment the compensable disability arose.

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