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return to work (post traumatic stress disorder) amendment bill 2020

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 1—Preliminary


1Short title


2Amendment provisions


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


1Transitional provision



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Return to Work (Post Traumatic Stress Disorder) Amendment Act 2020.

2—Amendment provisions

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

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.

 


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