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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Return to Work (Post Traumatic Stress Disorder) Amendment
Bill 2020
A BILL FOR
An Act to amend the
Return
to Work Act 2014
.
Contents
Part 2—Amendment of Return to Work
Act 2014
3Amendment of section
4—Interpretation
4Amendment of section 9—Evidentiary
provision
5Amendment of Schedule 1—Presumptive
employment
Schedule 1—Transitional
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Return to Work (Post Traumatic Stress
Disorder) Amendment Act 2020.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Return to Work
Act 2014
3—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of SAMFS
insert:
SASES means the South Australian State Emergency
Service;
4—Amendment
of section 9—Evidentiary provision
(1) Section 9(2)—after paragraph (a) insert:
(ab) subject to the qualification that if a worker who has been employed
as a first responder is diagnosed with post traumatic stress disorder, the
disorder is presumed, in the absence of proof to the contrary, to have arisen
from employment; and
(2) Section 9—after subsection (4) insert:
(5) In this section—
first responder means—
(a) an ambulance officer; or
(b) a police officer; or
(c) a firefighter; or
(d) a nurse; or
(e) a medical practitioner; or
(f) a member of SACFS or SASES—
(i) for whom the Crown is the presumptive employer; and
(ii) who, in the course of that presumptive employment, has dealt with
emergencies; or
(g) any other person—
(i) for whom the Crown is the presumptive employer; and
(ii) who, in the course of that presumptive employment, has dealt with
emergencies; or
(h) a person of a class prescribed by the regulations for the purposes of
this definition;
nurse means a person registered under the Health
Practitioner Regulation National Law to practise in the nursing profession
as a nurse (other than as a student).
5—Amendment
of Schedule 1—Presumptive employment
(1) Schedule 1, clause 1(3)(a)—after subparagraph (i)
insert:
(ia) members of SASES who voluntarily perform work in connection with that
membership;
(2) Schedule 1, clause 1(3)(b)—after subparagraph (i)
insert:
(ia) in relation to a member of SASES under
paragraph (a)(ia)—
(A) any activity directed towards dealing with an emergency that requires
SASES to act to protect life, property or the environment;
(B) attending in response to a call for assistance by SASES;
(C) attending a SASES meeting, competition, training exercise or other
organised activity;
(D) any other activity carried out in relation to the functions of SASES
under the
Fire
and Emergency Services Act 2005
;
Schedule 1—Transitional
provision
An amendment made by this Act to the
Return
to Work Act 2014
extends to a claim made under Part 4 of that Act before the
commencement of the amendment unless the claim has been determined and all
rights of review and appeal in relation to the determination have been
exhausted.