South Australian Numbered Acts South Australian Numbered Acts17—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.