South Australian Numbered Acts South Australian Numbered ActsSchedule 1—Transitional provisions
(1) In this
Schedule—
principal Act means the Workers Rehabilitation and Compensation Act 1986
;
relevant day means a day appointed by proclamation as the relevant day for the
purposes of the provision in which the term is used;
self-insured employer includes an exempt employer (being the term previously
used under the principal Act).
(2) In this Schedule,
terms used have meanings consistent with the meanings they have in the
principal Act.
(1) Subject to
subclause (2), section 4 of the principal Act, as enacted by this Act, applies
to claims for compensation made on or after the relevant day (whether the
entitlement to compensation arose before or on or after the relevant day).
(2) Subsection (11) of
section 4 of the principal Act, as enacted by this Act, operates both
prospectively and retrospectively.
3—Provisional acceptance of liability—medical expenses
Section 32A of the principal Act, as enacted by this Act, extends to
disabilities occurring before the enactment of that section.
(1) Sections 35 to 35C
(inclusive) of the principal Act, as enacted by this Act, (in this clause
referred to as the new provisions ) apply in relation to workers who suffer
compensable disabilities on or after the relevant day.
(2) In addition, the
new provisions extend to entitlements to weekly payments of compensation in
relation to compensable disabilities occurring before the relevant day—
(a) if a
worker has, before the relevant day, reached or gone past the end of the first
2 years of incapacity referred to in section 35(2) of the principal Act, as in
existence immediately before the substitution of section 35 under
section 15 of this Act (in this clause referred to as the old provision )
(and is still in receipt of weekly payments of compensation on the relevant
day); or
(b) if a
worker, on or after the relevant day, reaches the end of the first 2 years of
incapacity referred to in the old provision (and is still in receipt of weekly
payments of compensation at the end of that 2 year period).
(3) To avoid doubt, in
the circumstances of any particular case, the new provisions replace
section 35 of the principal Act, as in existence immediately before the
substitution of section 35 under section 15 of this Act, if or when a
worker falls within a set of circumstances described in paragraph (a) or
(b) of subclause (2).
5—Discontinuance of weekly payments
(1) Subject to
subclause (2), the amendments made to section 36 of the principal Act by this
Act extend to weekly payments commenced before the relevant day, or commenced
on or after the relevant day, in relation to compensable disabilities
occurring before the relevant day.
(2) Subsections (4),
(4a) and (5) of section 36 of the principal Act, as in existence immediately
before the substitution of those subsections by section 16 of this Act,
will continue to apply in relation to a decision that is the subject of a
notice of dispute lodged under section 36(4) before the relevant day.
6—Adjustments due to change from original arrangements
(1) Section 37 of the
principal Act, as enacted by this Act, extends to any determination of average
weekly earnings (and, if relevant, notional weekly earnings) made before or on
or after the relevant day in relation to compensable disabilities occurring
before the relevant day.
(2) However, the
operation of subclause (1) in relation to a determination of average weekly
earnings made before the relevant day cannot apply to the disadvantage of a
worker by decreasing average weekly earnings (and, if relevant, notional
weekly earnings).
7—Economic adjustments to weekly payments
The amendments made to section 39 of the principal Act by this Act extend to
weekly payments commenced before the relevant day, or commenced on or after
the relevant day, in relation to compensable disabilities occurring before the
relevant day.
(1) Subject to
subclause (2), paragraph (e) of section 42(2) of the principal Act, as enacted
by this Act, applies in relation to—
(a) any
relevant liability arising from a compensable disability that occurs on or
after the relevant day; and
(b) any
relevant liability arising from a compensable disability that occurred within
the period of 3 years immediately preceding the relevant day; and
(c) on
or after the expiration of 1 year from the relevant day—any relevant
liability arising from a compensable disability that occurred before the 3
year period referred to in paragraph (b).
(2) Subclause (1)(b)
or (c) does not apply where, in a particular case, the Corporation or a
self-insured employer has provided a notification to the worker under
section 42(4) of the principal Act before the relevant day.
(3) In this
clause—
relevant liability means a liability that is capable of redemption under
section 42(1) of the principal Act.
9—Loss of earning capacity—capital loss assessments
Division 4B of Part 4 of the principal Act, as in existence immediately before
the relevant day, will be taken to continue to apply with respect to any case
where the Corporation or a self-insured employer has made any assessment
(including an interim assessment) under section 42A of the principal Act
before the relevant day.
Sections 43, 43A and 43B of the principal Act, as enacted by this Act, extend
to any case where the Corporation or a self-insured employer (as the case
requires) has not, before the relevant day, made a determination of the
compensation payable in the particular case under section 43 of the principal
Act, as in existence immediately before the substitution of that section under
section 24 of this Act (in respect of a compensable disability occurring
before the relevant day).
11—Compensation payable on death—weekly payments
The amendments made to section 44 of the principal Act by this Act apply to
any claim for compensation made on or after the relevant day (whether the
entitlement to compensation arose before or on or after the relevant day).
12—Compensation payable on death—lump sums
Section 45A of the principal Act, as enacted by this Act, applies to claims
for a lump sum payment of compensation on account of the death of a worker
made on or after the relevant day (whether the entitlement to compensation
arose before or on or after the relevant day).
Section 45B of the principal Act, as enacted by this Act, applies to claims
for a funeral benefit made on or after the relevant day (including in respect
of a funeral occurring before the relevant day).
Section 45C of the principal Act, as enacted by this Act—
(a)
applies to claims for compensation made under that section on or after the
relevant day (whether the entitlement to compensation arose before or on or
after the relevant day); and
(b)
extends to claims for compensation for counselling services made to the
Corporation or a self-insured employer before the relevant day under
section 44 of the principal Act if the Corporation or self-insured
employer determines that it is reasonable to allow the claim to be
incorporated into the operation of this clause.
(1) Division 7A of
Part 4 of the principal Act, as enacted by this Act, extends to cases
involving disabilities occurring before the relevant day.
(2) Subclause (1) does
not apply in a case where the relevant worker has made a claim for
compensation under Division 8 of Part 4 of the principal Act before the
relevant day.
A medical question may be referred to a Medical Panel under Part 6C of the
principal Act, as enacted by this Act, even if the medical question relates to
a claim made or proceedings commenced before that enactment.