South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
2. Objects of Act
3. Interpretation
4. Average weekly earnings
5. Act to bind Crown
6. Territorial application of Act
6A. Determination of State with which worker's employment is connected in proceedings under this Act
6B. Recognition of previous determinations
PART 2--The Workers Rehabilitation and Compensation Advisory Committee
7. Advisory Committee
8. Functions of Advisory Committee
9. Terms and conditions of office
10. Allowances and expenses
11. Proceedings etc of the Advisory Committee
12. Confidentiality
13. Conflict of interest under Public Sector (Honesty and Accountability) Act
PART 3--Rehabilitation and accident prevention programmes
Division 1--Rehabilitation
26. Rehabilitation programmes
27. Clinics and other facilities
28. Rehabilitation advisers
28A. Rehabilitation and return to work plans
28B. Review of plan
28C. Rehabilitation standards and requirements
28D. Rehabilitation and return to work co-ordinators
Division 2--Injury prevention programmes
29. Prevention programmes
PART 4--Compensation
Division 1--Conditions under which injury is compensable
30. Compensability of injuries
30A. Psychiatric injuries
30B. Effect of misconduct etc
31. Evidentiary provision
Division 2--Compensation for medical expenses etc
32. Compensation for medical expenses
32A. Special provisions for payment of medical expenses after initial notification of injury
33. Transportation for initial treatment
Division 3--Compensation for property damage
34. Compensation for property damage
Division 4--Compensation by way of income maintenance
35. Preliminary
35A. Weekly payments over designated periods
35B. Weekly payments after expiry of designated periods--no work capacity
35C. Weekly payments after expiry of designated periods--current work capacity
36. Discontinuance of weekly payments
37. Adjustments due to change from original arrangements
38. Review of weekly payments
39. Economic adjustments to weekly payments
40. Weekly payments and leave entitlements
41. Absence of worker from Australia
Division 4A--Redemption
42. Redemption of liabilities
Division 5--Compensation for non-economic loss
43. Lump sum compensation
43A. Assessment of impairment
43B. No disadvantage--compensation table
Division 6--Compensation payable on death
44. Compensation payable on death--weekly payments
45. Review of weekly payments
45A. Compensation payable on death--lump sums
45B. Funeral benefit
45C. Counselling services
Division 7--Liability to pay compensation
46. Incidence of liability
47. Augmentation of weekly payment in consequence of delay
48. Payments by Corporation on behalf of defaulting employer
49. Corporation may undertake employer's liability to make weekly payments
50. Corporation as insurer of last resort
Division 7A--Special provisions for commencement of weekly payments after initial notification of injury
50A. Interpretation
50B. Commencement of weekly payments following initial notification of injury
50C. Status of payments
50D. Worker to be notified if weekly payments are not commenced
50E. Notice of commencement of weekly payments
50F. Obligations of worker
50G. Liability to make weekly payments not affected by making of claim
50H. Set-offs and rights of recovery
50I. Status of decisions
Division 8--Notices of injuries and claims for compensation
51. Duty to give notice of injury
52. Claim for compensation
53. Determination of claim
Division 9--Miscellaneous
Subdivision 1--Limitations on liability
54. Limitation of employer's liability
55. Prohibition of double recovery of compensation
57. Compensation payable in respect of injuries arising from employment on ships
58. Certain sporting injuries not to be compensable
Subdivision 2--Choice of law
58AA. The applicable substantive law for work injury claims
58AB. Claims to which Subdivision applies
58AC. What constitutes injury and employment
58AD. Claim in respect of death included
58AE. Meaning of substantive law
58AF. Availability of action in another State not relevant
Subdivision 3--Other matters
58A. Reports of return to work etc
58B. Employer's duty to provide work or pay wages
58C. Notice of termination of employment to be given in certain cases
PART 5--Registration and funding
Division 1--Registration of employers
59. Registration of employers
60. Self-insured employers
61. The Crown and certain agencies to be self-insured employers
62. Applications and changes in details for registration
62A. Ministerial appeal on decisions relating to self-insured employers
Division 2--Delegation to self-insured employers
63. Delegation to self-insured employer
Division 3--The Compensation Fund
64. Compensation Fund
Division 4--WorkCover premium requirements
Subdivision 1--Preliminary
65. Preliminary
Subdivision 2--Premiums (terms and conditions)
66. Premiums (terms and conditions)
Subdivision 3--Premiums (general principles)
67. Liability to pay premiums
68. Employer categories
69. Classes of industry
70. Industry rates and base premiums
Subdivision 4--Premiums (calculation and application)
71. Premiums
72. Premium stages
72A. Grouping provisions
Division 5--Self-insured employers--fees
72B. Self-insured employers--fees
Division 6--Remissions and supplementary payments
72C. Remissions and supplementary payments
Division 7--Administration of premiums/fees scheme
72D. Interpretation
72E. Provision of information (initial calculations)
72F. Provision of information (on-going requirements)
72G. Revised estimates or determinations
72H. Further adjustments
72I. Deferred payment
72J. Recovery on default
72K. Penalty for late payment
72L. Exercise of adjustment powers
72M. Review
72N. Payments to be made to Corporation
72OGST
72P. Transfer of business
72Q. Reasonable mistake about application of Act
Division 8--Miscellaneous
73. Separate accounts
74. Liability to keep accounts
75. Person ceasing to be an employer
76. Certificate of registration
76AA. Discontinuance fee
PART 6--Workers Compensation Tribunal
Division 1--Establishment of Tribunal
77. Establishment of Tribunal
77A. Seal
Division 2--Constitution of the Tribunal
78. Constitution of Tribunal
78A. Full Bench
78B. Exercise of Tribunal's powers by the Registrar
Division 3--Jurisdiction of the Tribunal
79. Jurisdiction
Division 4--The presidential members
80. The President
80A. The Deputy Presidents
Division 5--Conciliation officers
81. Appointment of conciliation officers
81A. Conditions of appointment
81B. Administrative responsibilities of conciliation officers
Division 6--Administrative and ancillary staff
82. Administrative and ancillary staff
82A. Appointment etc of the Registrar
82B. Responsibilities of administrative and ancillary staff
Division 7--Sittings and distribution of business
83. Time and place of sittings
83A. Adjournment from time to time and from place to place
Division 8--Evidence
84. Tribunal not to be bound by evidentiary rules
84A. Power to require attendance of witnesses and production of evidentiary material
84B. Power to compel the giving of evidence
84C. Entry and inspection of property
84D. Issue of evidentiary summonses
Division 9--General principles and rules
85. Principles of equity and good conscience
85A. Hearings to be in public
85B. Representation
Division 10--Appeals and references of questions of law
86. Appeal on question of law
86A. Reference of question of law and final appeal to Supreme Court
Division 11--Enforcement of judgments
87. Certified copy of judgment or order
87A. Enforcement of judgments and orders
Division 12--Miscellaneous
88. Immunities
88A. Contempts of Tribunal
88B. Punishment of contempts
88C. Miscellaneous provisions about legal process
88D. Service
88DA. Power to enlarge scope of proceedings
88E. Rules
88F. Costs of proceedings
88G. Recovery of costs of representation
88H. Power to set aside judgments or orders
88I. Finality of the Tribunal's decisions
PART 6A--Dispute resolution
Division 1--Preliminary
89. Interpretation
89A. Reviewable decisions
Division 2--Notice of dispute
90. Notice of dispute
90A. Time for lodging notice of dispute
90B. Notice to be given by Registrar
Division 3--Initial reconsideration
91. Initial reconsideration
91A. Reference of disputes to conciliation
Division 4--Conciliation proceedings
92. Assignment of presidential member or conciliation officer to preside at conciliation proceedings
92A. Obligation of conciliator
92B. Calling of conciliation conference
92C. Procedure in conciliation proceedings
92D. Reference of dispute into Tribunal
Division 6--Judicial determination of dispute
94A. Constitution of Tribunal
94B. Pre-hearing conference
94C. Determination of dispute
Division 7--Costs
95. Costs
95A. Costs liability of representatives
Division 8--Ministerial intervention
96. Ministerial intervention
PART 6B--Special jurisdiction to expedite decisions
97. Special jurisdiction
97A. Constitution of Tribunal for proceedings under this Part
97B. Powers of Tribunal on application
97C. Costs
PART 6C--Medical Panels
Division 1--Establishment and constitution
98. Establishment
98A. Constitution
98B. Procedures
98C. Validity of acts
98D. Immunity of members
Division 2--Functions and powers
98E. Interpretation
98F. Functions
98G. Powers and procedures on a referral
98H. Opinions
Division 3--Related matters
98I. Admissibility
98J. Support staff
PART 6D--WorkCover Ombudsman
Division 1--Appointment and conditions of office
99. Appointment
99A. Term of office and conditions of appointment
99B. Remuneration
99C. Temporary appointments
Division 2--Functions and powers
99D. Functions
99E. Powers--general
99F. Obtaining information
99G. Power to examine witnesses etc
Division 3--Other matters
99H. Independence
99I. Staff
99J. Funding
99K. Delegation
99L. Annual report
99M. Other reports
PART 7--Miscellaneous
103. Extension of the application of this Act to self-employed persons
103A. Special provision for prescribed classes of volunteers
105. Insurance of registered employers against other liabilities
106. Payment of interim benefits
106A. Payment not to constitute an admission of liability
107. Employer may request progress report
107A. Copies of medical reports
107B. Worker's right of access to claims file
108. Medical examination at request of employer
109. Worker to be supplied with copy of medical report
110. Powers of entry and inspection
111. Inspection of place of employment by rehabilitation adviser
112. Confidentiality to be maintained
112AA. Confidentiality--employers
112A. Employer information
113. Injuries that develop gradually
114. Certain payments not to affect benefits under this Act
115. No contribution from workers
116. Payment of compensation where worker in prison
117. Service of documents
118. Service of documents on the Corporation
119. Contract to avoid Act
120. Dishonesty
120A. Evidence
122. Offences
122A. Expiation fees
123A. Right of intervention
123B. Code of Claimants' Rights
124. Regulations
Schedule 1--Transitional provisions
1. Interpretation
2. Application of repealed Act
3. Exempt employers
4. Mining and Quarrying Industries Fund
5. Statutory Reserve Fund
5A. Insurance Assistance Fund
5B. Investment of, and dealings with, the Funds
5C. Entitlement to documents
5D. Compensation payable to domestic partner on death of worker
5E. Additional transitional provisions
6. Acts Interpretation Act
Schedule 2--Injuries presumed to arise from employment
Schedule 2A--Injuries presumed to arise from employment as a firefighter
Schedule 3--Minimum amounts of compensation according to degree of impairment under regulations
Schedule 3A--No disadvantage--non-economic loss compensation
Schedule 4--Adjacent areas
1. Interpretation
2. Adjacent areas
Legislative history
The Parliament of South Australia enacts as
follows: