South Australian Numbered Acts South Australian Numbered Acts5—Amendment of section 3—Interpretation
(1)
Section 3(1)—definition of "apprentice", (a)—delete paragraph (a)
and substitute:
(a) a
person undertaking training as a trainee in a trade, declared vocation or
other occupation under a contract of training under the Training and Skills
Development Act 2003 ;
(2)
Section 3(1)—definition of "arbitration officer —delete the
definition
(3)
Section 3(1)—definitions of "conciliation and arbitration
officer" and "conciliation officer"—delete the definitions and
substitute:
"conciliation officer"—see section 81;
(4)
Section 3(1)—definition of "the Consumer Price Index —delete the
definition and substitute:
"Consumer Price Index" means the Consumer Price Index (All groups index for
Adelaide) published by the Australian Bureau of Statistics;
(5) Section 3(1),
definition of "contract of service", (b)—delete "(the employer)"
(6)
Section 3(1)—after the definition of "corresponding law insert:
"current work capacity", in relation to a worker, means a present inability
arising from a compensable disability such that the worker is not able to
return to his or her employment at the time of the occurrence of the
disability but is able to return to work in suitable employment;
(7) Section 3(1),
definition of "employer", (a)—after
"worker under a contract of service" insert:
(subject to any exclusion under subsection (9))
(8) Section 3(1),
definition of "exempt employer"—delete the definition
(9) Section 3(1),
definition of "industrial association", (a)—delete " Industrial and
Employee Relations Act 1994 " and substitute:
(10) Section 3(1),
definition of "industrial association", (e)—delete paragraph (e) and
substitute:
(e) Self
Insurers of South Australia Inc; or
(ea)
South Australian Employers' Chamber of Commerce and Industry Inc (trading as
Business SA); or
(11)
Section 3(1)—after the definition of "industrial association insert:
"legal personal representative"—see subsection (11);
(12) Section 3(1),
definition of "local government corporation , (a)—delete paragraph (a)
and substitute:
(a) a
council under the Local Government Act 1999 ;
(13) Section 3(1),
definition of "medical expert"—after paragraph (i) insert:
(j) a
registered osteopath;
(14) Section 3(1),
definition of "medical question —delete the definition
(15)
Section 3(1)—after the definition of "medical services insert:
"no current work capacity", in relation to a worker, means a present inability
arising from a compensable disability such that a worker is not able to return
to work, either in his or her employment at the time of the occurrence of the
disability or in suitable employment;
(16)
Section 3(1), definition of "notional weekly earnings , (b)—delete
"levels of earnings or in the value of money (or both)" and substitute:
levels of earnings, the value of money or remuneration (including under
section 37) or other relevant factors (or 1 or more of these)
(17)
Section 3(1)—definition of "prescribed allowance —delete the
definition and substitute:
"prescribed allowance", in relation to the earnings of a worker, means any
amount received by the worker from an employer by way of an allowance or
benefit prescribed for the purposes of this definition;
(18)
Section 3(1)—after the definition of "self-employed worker insert:
"self-insured employer" means an employer who is registered by the Corporation
as a self-insured employer under Part 5 Division 1;
(19)
Section 3(1)—after the definition of "the State" insert:
"suitable employment", in relation to a worker, means employment in work for
which the worker is currently suited, whether or not the work is available,
having regard to the following:
(a) the
nature of the worker's incapacity and previous employment;
(b) the
worker's age, education, skills and work experience;
(c) the
worker's place of residence;
(d)
medical information relating to the worker that is reasonably available,
including in any medical certificate or report;
(e) if
any rehabilitation programs are being provided to or for the worker;
(f) the
worker's rehabilitation and return to work plan, if any;
(20)
Section 3—after subsection (8) insert:
(9) The regulations
may, in prescribing work or work of a specified class for the purposes of
paragraph (b) of the definition of "contract of service in
subsection (1)—
(a)
designate a person, or persons of a specified class, as the presumptive
employer of a worker who is within the ambit of the relevant prescription;
(b)
exclude a person who would otherwise be the employer of such a worker
from the definition of "employer" in subsection (1).
(10) For the purposes
of this Act—
(a)
"total incapacity" for work is the incapacity for work that is represented by
a worker having no current work capacity within the meaning of this Act; and
(b)
"partial incapacity" for work is the incapacity for work that is represented
by a worker having a current work capacity within the meaning of this Act.
(11) For the purposes
of this Act, a person is the legal personal representative of a deceased
worker if the person is—
(a) a
person who is entitled at law to administer the estate of the deceased worker;
or
(b) a
person who is authorised by the Tribunal (on application made under this
subsection) to act under this Act as a legal personal representative of the
deceased worker.
(12) A reference in
this Act to suitable employment provided or offered by a worker's employer
includes—
(a)
employment in respect of which—
(i)
the number of hours each day or week that the worker
performs work; or
(ii)
the range of duties the worker performs,
is suitably increased in stages (in accordance with a rehabilitation and
return to work plan or otherwise); and
(b) if
the employer does not provide employment involving the performance of work
duties—suitable training or vocational re-education provided—
(i)
by the employer at the workplace or elsewhere; or
(ii)
by any other person or body under arrangements approved
by the employer,
but only if the employer pays an appropriate wage or salary to the worker in
respect of the time the worker attends the suitable training or vocational
re-education.
(13) A reference in a
provision of this Act to a designated form is a reference to a form designated
for the purposes of that provision by the Minister from time to time by notice
in the Gazette.
(14) A reference in a
provision of this Act to a designated manner is a reference to a manner
designated for the purposes of that provision by the Corporation from time to
time by notice in the Gazette.
(15) If a monetary sum
is followed by the word ("indexed"), the amount is to be adjusted on 1 January
of each year by multiplying the stated amount by a proportion obtained by
dividing the Consumer Price Index for the September quarter of the immediately
preceding year by the Consumer Price Index for the September quarter, 2007
(with the amount so adjusted being rounded up in accordance with the
regulations).