South Australian Repealed Acts

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 35B

35B—Weekly payments after expiry of designated periods—no work capacity

        (1)         Subject to section 35C

(and to the other provisions of this Act), a worker's entitlement to weekly payments under this Division ceases at the end of the third entitlement period under section 35A

(unless brought to an end before this time) unless the worker is assessed by the Corporation as—

            (a)         having no current work capacity; and

            (b)         likely to continue indefinitely to have no current work capacity.

        (2)         If a worker qualifies under an assessment under subsection (1)

, the worker is entitled to weekly payments while incapacitated for work in respect of a particular injury equal to 80% of the worker's notional weekly earnings as though the third entitlement period were continuing.

        (3)         A review of the assessment of a worker under this section may be conducted by the Corporation at any time and must be conducted as often as may be reasonably necessary, being at least once in every 2 years.

        (4)         In connection with the operation of subsection (1)

, a worker who, immediately before the end of a third entitlement period, is in receipt of weekly payments under paragraph (a)

of section 35A(3)

is entitled to continue to receive weekly payments at the rate prescribed by that paragraph unless or until the Corporation has assessed whether the worker falls within the category of a worker who may be considered as—

            (a)         having no current work capacity; and

            (b)         likely to continue indefinitely to have no current work capacity.

        (5)         An assessment under subsection (4)

may be made before or after the end of the third entitlement period.

        (6)         Despite section 35A

, the Corporation must not discontinue weekly payments to a worker who is subject to the operation of subsection (4)

until it has given the worker at least 13 weeks notice in writing of the proposed discontinuance (and the requirements of section 36

will not apply with respect to this notice).

        (7)         A notice under subsection (6)

must not be given unless or until the assessment envisaged by subsection (4)

has been undertaken.

        (8)         Subsections (4)

, (5)

, (6)

and (7)

do not apply if the Corporation discontinues the worker's weekly payments under section 36

or suspends such payments under another provision of this Act.

        (9)         The Corporation may, on the basis of a review under subsection (3)

, discontinue weekly payments under this section if satisfied that the worker has a current work capacity.