South Australian Repealed Acts

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 113

113—Injuries that develop gradually

        (1)         An injury (not being noise induced hearing loss) that develops gradually or is a disease will be taken to have occurred when the worker first becomes totally or partially incapacitated for work by the injury.

        (2)         Subject to this section, where a claim is made under this Act in respect of noise induced hearing loss by a worker (not being a person who has retired from employment on account of age or ill-health), the whole of the loss shall be deemed to have occurred immediately before notice of the injury was given and, subject to any proof to the contrary, to have arisen out of employment in which the worker was last exposed to noise capable of causing noise induced hearing loss.

        (2a)         Where a claim is made under this Act in respect of noise induced hearing loss by a person who has retired from employment on account of age or ill-health, the whole of the loss shall be deemed to have occurred immediately before the person retired and, subject to any proof to the contrary, to have arisen out of employment in which the person was last exposed to noise capable of causing noise induced hearing loss.

        (2b)         The Corporation may, by notice to the particular employer or employers, or by notice in the Gazette, require an employer, or employers of a specified class determined by the Corporation, to carry out (within a period specified by the Corporation) tests of a kind prescribed by the regulations on workers belonging to classes determined by the Corporation.

        (2c)         Unless the Corporation otherwise determines, the cost of carrying out tests under subsection (2b)

must be borne by the employer.

        (3)         Where—

            (a)         a self-insured employer establishes in accordance with procedures laid down by the regulations that a worker was, at the time of undertaking employment with the employer, suffering from a particular injury;

            (b)         the injury is of a prescribed class;

            (c)         an aggravation, acceleration, exacerbation, deterioration or recurrence of the injury arises from employment by the employer referred to in paragraph (a)

;

            (d)         the employer pays compensation under this Act in respect of the injury,

the employer may, by action in the Industrial Court, recover a fair contribution, determined by the Court, towards the amount of the compensation—

            (e)         from any self-insured employer from whose employment the injury established under paragraph (a)

arose; or

            (f)         if there is no such self-insured employer—from the Corporation.

        (4)         Where—

            (a)         an employer (not being a self-insured employer) establishes in accordance with procedures laid down by the regulations that a worker was, at the time of undertaking employment with the employer, suffering from a particular injury;

            (b)         the injury is of a prescribed class;

            (c)         an aggravation, acceleration, exacerbation, deterioration or recurrence of the injury arises from employment by the employer referred to in paragraph (a)

;

            (d)         the Corporation pays compensation under this Act in respect of the injury,

the Corporation may, by action in the Industrial Court, recover a fair contribution, determined by the Court, towards the amount of the compensation from any self-insured employer from whose employment the injury established under paragraph (a)

arose.