South Australian Numbered Acts

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81—Insertion of section 123B

After section 123A insert:

123B—Code of Claimants' Rights

        (1)         The Governor may, by regulation made on the recommendation of the Minister, prescribe a code to be known as the Code of Claimants' Rights .

        (2)         The purpose of the Code is to meet the reasonable expectations of claimants for compensation under this Act (including the highest practicable standard of service and fairness) about how a relevant authority should deal with them, by—

            (a)         setting out principles that should be observed by a relevant authority; and

            (b)         providing for the procedure for lodging and dealing with complaints about breaches of the Code; and

            (c)         providing—

                  (i)         for the consequences of, and remedies for, a breach of the Code by a relevant authority; and

                  (ii)         without limiting subparagraph (i), how and to what extent a relevant authority must address situations where its conduct is not consistent with or does not uphold the rights of claimants under the Code.

        (3)         The provisions of the Code—

            (a)         are in addition to other requirements under this or any other Act; and

            (b)         do not affect the entitlements and responsibilities of claimants under this Act; and

            (c)         do not affect the powers or discretions of a relevant authority under this Act or the validity of any decision or determination made in accordance with this Act.

        (4)         A relevant authority must, in its dealings with claimants, seek to ensure that its actions are consistent with the Code.

        (5)         The Governor may, by regulation made on the recommendation of the Minister, vary the Code (including by the substitution of a new code).

        (6)         In this section—

"relevant authority" means the Corporation or a self-insured employer.

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