South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) Subject to this
Act, where a worker suffers a compensable injury that results in incapacity
for work, the worker is entitled to weekly payments in respect of that injury
in accordance with this Division.
(2) Weekly payments
are not payable under this Division in respect of a period of incapacity for
work falling after the date on which the worker reaches retirement age.
(3) However, if a
worker who is within 2 years of retirement age or above retirement age becomes
incapacitated for work while still in employment, weekly payments are payable
for a period of incapacity falling within 2 years after the commencement of
the incapacity.
(4) A worker is not
entitled under this Division to receive, in respect of 2 or more
injuries, weekly payments in excess of the worker's notional weekly earnings.
(5) If a liability to
make weekly payments is redeemed, the worker is taken, for the purposes of
this Division, to be receiving the weekly payments that would have been
payable if there had been no redemption.
(6) Subject to subsection (7)
(and any other relevant provision of this Act) a reference in this Division to
a worker making "every reasonable effort to return to work in suitable
employment includes any reasonable period during which—
(a) the
worker is waiting for a response to a request for suitable employment made by
the worker and received by the employer; and
(b) if
the employer's response is that suitable employment may or will be provided at
some time, the worker is waiting for suitable employment to commence; and
(c) if
the employer's response is that suitable employment cannot be provided at some
time, the worker is waiting for a response to requests for suitable employment
from other employers; and
(d) the
worker is waiting for the commencement of a rehabilitation and return to work
plan, after approval has been given.
(7) A worker must not
be treated as making "every reasonable effort to return to work in suitable
employment for the purposes of this Division if the worker—
(a) has
refused to have an assessment made of the worker's employment prospects; or
(b) has
refused or failed to take all reasonably necessary steps to obtain
suitable employment; or
(c) has
refused or failed to accept an offer of suitable employment from any person;
or
(d) has
refused or failed to participate in a rehabilitation program or a
rehabilitation and return to work plan.
(8) In this
Division—
(a)
"first entitlement period" means an aggregate period not exceeding
13 weeks (whether consecutive or not) in respect of which a worker has an
incapacity for work and is entitled to the payment of compensation under this
Act on the account of that incapacity;
(b)
"second entitlement period" means an aggregate period not exceeding
13 weeks (whether consecutive or not) commencing after the end of the
first entitlement period, in respect of which a worker has an incapacity for
work and is entitled to the payment of compensation under this Act on account
of that incapacity;
(c)
"third entitlement period" means an aggregate period not exceeding
104 weeks (whether consecutive or not), commencing after the end of the
second entitlement period, in respect of which a worker has an incapacity for
work and is entitled to the payment of compensation under this Act on the
account of that incapacity;
(d)
"retirement age" means—
(i)
if there is a normal retirement age for workers in
employment of the kind from which the worker's injury arose—that age of
retirement; or
(ii)
the age of 65 years,
whichever is the lesser;
(e) a
reference to weekly earnings, or current weekly earnings, is a reference to
weekly earnings exclusive of prescribed allowances.