South Australian Numbered Acts South Australian Numbered Acts29—Insertion of Part 4 Division 7A
Part 4—after Division 7 insert:
Division 7A—Special provisions for commencement of weekly payments after
initial notification of disability
50A—Interpretation
In this Division—
"initial notification" means the notification of a disability that is given to
an employer (if the worker is in employment) and the Corporation, in the
manner and form required by the Provisional Payment Guidelines, by the worker
or by a person acting on behalf of the worker (for example, by an employer or
a medical expert);
"Provisional Payment Guidelines" means guidelines published by the Minister
from time to time in the Gazette for the purposes of this Division.
50B—Commencement of weekly payments following initial notification of
disability
(1) Provisional weekly
payments of compensation by the employer or the Corporation are to commence
within 7 days after initial notification of a disability by the worker,
unless the Corporation determines that there is a reasonable excuse for not
commencing those weekly payments.
(2) Weekly payments
under subsection (1) are to be made—
(a) by
the employer or the Corporation in accordance with the incidence of liability
determined under the Provisional Payment Guidelines; and
(b) in
accordance with any other requirements under the Provisional
Payment Guidelines.
(3) A reasonable
excuse under subsection (1) must be a reasonable excuse under the
Provisional Payment Guidelines.
50C—Status of payments
(1) The payment of
provisional weekly payments of compensation under this Division is on the
basis of the provisional acceptance of liability for a period of up to
13 weeks determined by the Corporation having regard to the nature of the
disability and the period of incapacity.
(2) The acceptance of
liability on a provisional basis does not constitute an admission of liability
by the employer or the Corporation under this Act or independently of this
Act.
(3) A payment under
this Division will be taken to constitute the payment of a weekly payment of
compensation under Division 4 (and the other provisions of this Act will,
subject to this Division or any provision made by the regulations, apply
accordingly).
(4) Without limiting
the operation of any other section, the employer or the Corporation may decide
to discontinue weekly payments under this section on any ground set out in the
Provisional Payment Guidelines.
50D—Worker to be notified if weekly payments are not commenced
If weekly payments of compensation are not commenced because of a reasonable
excuse under the Provisional Payment Guidelines, the Corporation must within
the prescribed period give the worker notice in writing that there is a
reasonable excuse for not commencing weekly payments of compensation and
include in that notice—
(a)
details of that reasonable excuse; and
(b) a
statement in the designated form about the worker's rights under this Act
(including to make a claim under Division 8).
50E—Notice of commencement of weekly payments
As soon as practicable after weekly payments of compensation commence under
this Division, the employer or Corporation (as required under the Provisional
Payment Guidelines) must give the worker notice in writing—
(a)
notifying the worker that weekly payments of compensation to the worker have
commenced on the basis of provisional acceptance of liability; and
(b)
setting out a statement in the designated form about the operation of this Act
in relation to the payments and the making of a claim.
50F—Obligations of worker
(1) The Corporation
may, on or after the commencement of weekly payments of compensation under
this Division, require the worker to provide—
(a) a
medical certificate in a designated form certifying as to the worker's
incapacity for work; and
(b)
other information of a prescribed kind.
(2) Weekly payments of
compensation under this Division may be discontinued by the Corporation if the
worker fails to comply with a requirement under this section within
7 days after it is served on the worker.
50G—Liability to make weekly payments not affected by making of claim
(1) A liability to
make weekly payments of compensation pursuant to the acceptance of liability
on a provisional basis under this Division is not affected by the making of a
claim for compensation.
(2) If the period for
making payment of provisional weekly payments ends before the determination of
a claim under Division 8, an employer or the Corporation may (but need
not), subject to any provision made by the Provisional Payment Guidelines,
continue to make weekly payments under this Division until the determination
of the claim or until otherwise determined by the employer or the Corporation
(before the determination of the claim).
50H—Set-offs and rights of recovery
(1) An amount paid
under this Division may be set off against a liability to make weekly payments
of compensation under Division 4.
(2) Subject to
subsection (3), if an employer or the Corporation makes 1 or more
payments under this Division and it is subsequently determined that the worker
was not entitled to compensation under this Act, the employer or
the Corporation may, subject to and in accordance with the regulations,
recover the amount or amounts paid as a debt from the worker.
(3) A right of
recovery under subsection (2) only arises if the worker has acted
dishonestly in making an application or providing information for the purposes
of this Division or any other provisions of this Act.
50I—Status of decisions
The following decisions under this Division are not reviewable:
(a) a
decision to make a provisional weekly payment of compensation;
(b) a
decision not to make a provisional weekly payment of compensation after it is
established that there is a reasonable excuse under the Provisional
Payment Guidelines;
(c) a
decision to discontinue weekly payments of compensation under section 50C
or 50F;
(d) a
decision to continue or not to continue weekly payments of compensation under
section 50G;
(e) a
decision to exercise or not to exercise a right of recovery under
section 50H.