South Australian Numbered Regulations

RETURN TO WORK REGULATIONS 2015 (NO 29 OF 2015) - REG 29

29—Recovery of certain amounts paid to workers (section 48 of Act)

        (1)         This regulation applies in relation to the Corporation's ability to recover or set off an amount under section 48(13), (14) or (15) of the Act.

        (2)         Subject to subregulation (3)

, the Corporation must—

            (a)         commence proceedings to recover an amount due to the Corporation as a debt; or

            (b)         exercise a right of set off under section 48(13)(b) of the Act,

within 2 years after the date on which the Corporation becomes entitled to take action under the Act.

        (3)         If the Corporation is satisfied on reasonable grounds that the worker provided false or misleading information to the Corporation, the Corporation may commence the proceedings or exercise the right of set off referred to in subregulation (2)

at any time within 10 years after the date on which the Corporation becomes entitled to take action under the Act.

        (4)         The Corporation may, according to what is reasonable in the circumstances of the particular case, recover an amount under section 48(13), (14) or (15) of the Act—

            (a)         as a single lump sum; or

            (b)         by periodic payments; or

            (c)         by a combination of a lump sum and periodic payments; or

            (d)         in some other manner agreed between the Corporation and the worker.

        (5)         Subregulation (4)

operates subject to the following qualifications:

            (a)         the Corporation cannot require that a worker make periodic payments in excess of 10% of the worker's net income for the period over which those payments are to be made without the agreement of the worker;

            (b)         the Corporation may, in its absolute discretion, waive (absolutely or subject to such conditions as the Corporation thinks fit) the whole or any part of an amount that it is entitled to recover if—

                  (i)         the Corporation is satisfied that the worker is experiencing severe financial hardship, or it appears appropriate to do so on account of any other special circumstances peculiar to the worker; or

                  (ii)         the Corporation considers that it is appropriate to do so after the Corporation has balanced the likely costs that would be associated with recovering the amount against the amount itself;

            (c)         unless the Corporation is satisfied on reasonable grounds that the worker has provided false or misleading information to the Corporation, the Corporation must grant the following remissions if the total amount payable is repaid within the following periods:

                  (i)         a 15% remission if the total amount is repaid within 1 month of the date on which the worker first receives a written notification of the amount that the worker is liable to pay;

                  (ii)         a 10% remission if the total amount is repaid within 6 months of the date on which the worker first receives a written notification of the amount that the worker is liable to pay.

        (6)         If a worker has made a periodic payment to the Corporation under subregulation (4)

, the Corporation must, within a reasonable time after the end of the financial year in which the payment is made, furnish the worker with a statement that sets out—

            (a)         the total amount paid by the worker during that financial year; and

            (b)         the amount left to be paid (if any),

and must furnish a final statement when the debt is extinguished.

        (7)         In this regulation—

"net income" of a worker means income after an appropriate deduction is made for any income tax payable by the worker.