Workers Rehabilitation and Compensation Act 1986 (SA)

South Australia

Workers Rehabilitation and Compensation Act 1986

An Act to provide for the rehabilitation and compensation of workers in respect of injuries arising from their employment; and for other purposes.

Contents

Part 1—Preliminary

1            Short title
2            Objects of Act
3            Interpretation
4            Average weekly earnings
5            Act to bind Crown
6            Territorial application of Act
6A          Determination of State with which worker's employment is connected in proceedings under this Act
6B          Recognition of previous determinations

Part 2—The Workers Rehabilitation and Compensation Advisory Committee

7           Advisory Committee
8            Functions of Advisory Committee
9            Terms and conditions of office
10          Allowances and expenses
11          Proceedings etc of the Advisory Committee
12          Confidentiality
13Conflict of interest under Public Sector (Honesty and Accountability) Act

Part 3—Rehabilitation and accident prevention programmes

Division 1—Rehabilitation

26          Rehabilitation programmes
27          Clinics and other facilities
28          Rehabilitation advisers
28A         Rehabilitation and return to work plans
28B         Review of plan
28C         Rehabilitation standards and requirements
28D         Rehabilitation and return to work co‑ordinators

Division 2—Injury prevention programmes

29 Prevention programmes

Part 4—Compensation

Division 1—Conditions under which injury is compensable

30          Compensability of injuries
30A        Psychiatric injuries
30B         Effect of misconduct etc
31          Evidentiary provision

Division 2—Compensation for medical expenses etc

32          Compensation for medical expenses
32A         Special provisions for payment of medical expenses after initial notification of injury
33          Transportation for initial treatment

Division 3—Compensation for property damage

34 Compensation for property damage

Division 4—Compensation by way of income maintenance

35          Preliminary
35A         Weekly payments over designated periods
35B         Weekly payments after expiry of designated periods—no work capacity
35C         Weekly payments after expiry of designated periods—current work capacity
36          Discontinuance of weekly payments
37          Adjustments due to change from original arrangements
38          Review of weekly payments
39          Economic adjustments to weekly payments
40          Weekly payments and leave entitlements
41          Absence of worker from Australia

Division 4A—Redemption

42 Redemption of liabilities

Division 5—Compensation for non-economic loss

43          Lump sum compensation
43A         Assessment of impairment
43B         No disadvantage—compensation table

Division 6—Compensation payable on death

44          Compensation payable on death—weekly payments
45          Review of weekly payments
45A         Compensation payable on death—lump sums
45B         Funeral benefit
45C         Counselling services

Division 7—Liability to pay compensation

46          Incidence of liability
47          Augmentation of weekly payment in consequence of delay
48          Payments by Corporation on behalf of defaulting employer
49          Corporation may undertake employer's liability to make weekly payments
50          Corporation as insurer of last resort

Division 7A—Special provisions for commencement of weekly payments after initial notification of injury

50A        Interpretation
50B         Commencement of weekly payments following initial notification of injury
50C         Status of payments
50D        Worker to be notified if weekly payments are not commenced
50E         Notice of commencement of weekly payments
50F         Obligations of worker
50G        Liability to make weekly payments not affected by making of claim
50H        Set-offs and rights of recovery
50I         Status of decisions

Division 8—Notices of injuries and claims for compensation

51          Duty to give notice of injury
52          Claim for compensation
53          Determination of claim

Division 9—Miscellaneous

Subdivision 1—Limitations on liability

54          Limitation of employer's liability
55          Prohibition of double recovery of compensation
57          Compensation payable in respect of injuries arising from employment on ships
58          Certain sporting injuries not to be compensable

Subdivision 2—Choice of law

58AA       The applicable substantive law for work injury claims
58AB       Claims to which Subdivision applies
58AC       What constitutes injury and employment
58AD       Claim in respect of death included
58AE       Meaning of substantive law
58AF       Availability of action in another State not relevant

Subdivision 3—Other matters

58A         Reports of return to work etc
58B         Employer's duty to provide work or pay wages
58C         Notice of termination of employment to be given in certain cases

Part 5—Registration and funding

Division 1—Registration of employers

59          Registration of employers
60          Self-insured employers
61          The Crown and certain agencies to be self-insured employers
62          Applications and changes in details for registration
62A         Ministerial appeal on decisions relating to self-insured employers

Division 2—Delegation to self‑insured employers

63 Delegation to self-insured employer

Division 3—The Compensation Fund

64 Compensation Fund

Division 4—WorkCover premium requirements

Subdivision 1—Preliminary

65 Preliminary

Subdivision 2—Premiums (terms and conditions)

66 Premiums (terms and conditions)

Subdivision 3—Premiums (general principles)

67          Liability to pay premiums
68          Employer categories
69          Classes of industry
70          Industry rates and base premiums

Subdivision 4—Premiums (calculation and application)

71          Premiums
72          Premium stages
72A        Grouping provisions

Division 5—Self‑insured employers—fees

72B Self‑insured employers—fees

Division 6—Remissions and supplementary payments

72C Remissions and supplementary payments

Division 7—Administration of premiums/fees scheme

72D        Interpretation
72E         Provision of information (initial calculations)
72F         Provision of information (on‑going requirements)
72G        Revised estimates or determinations
72H        Further adjustments
72I         Deferred payment
72J         Recovery on default
72K         Penalty for late payment
72L         Exercise of adjustment powers
72M        Review
72N        Payments to be made to Corporation
72O        GST
72P         Transfer of business
72Q        Reasonable mistake about application of Act

Division 8—Miscellaneous

73          Separate accounts
74          Liability to keep accounts
75          Person ceasing to be an employer
76          Certificate of registration
76AA       Discontinuance fee

Part 6—Workers Compensation Tribunal

Division 1—Establishment of Tribunal

77 Establishment of Tribunal
77A Seal

Division 2—Constitution of the Tribunal

78          Constitution of Tribunal
78A        Full Bench
78B         Exercise of Tribunal's powers by the Registrar

Division 3—Jurisdiction of the Tribunal

79 Jurisdiction

Division 4—The presidential members

80 The President
80A The Deputy Presidents

Division 5—Conciliation officers

81          Appointment of conciliation officers
81A         Conditions of appointment
81B         Administrative responsibilities of conciliation officers

Division 6—Administrative and ancillary staff

82          Administrative and ancillary staff
82A         Appointment etc of the Registrar
82B         Responsibilities of administrative and ancillary staff

Division 7—Sittings and distribution of business

83 Time and place of sittings
83A Adjournment from time to time and from place to place

Division 8—Evidence

84          Tribunal not to be bound by evidentiary rules
84A         Power to require attendance of witnesses and production of evidentiary material
84B         Power to compel the giving of evidence
84C         Entry and inspection of property
84D         Issue of evidentiary summonses

Division 9—General principles and rules

85          Principles of equity and good conscience
85A         Hearings to be in public
85B         Representation

Division 10—Appeals and references of questions of law

86 Appeal on question of law
86A Reference of question of law and final appeal to Supreme Court

Division 11—Enforcement of judgments

87 Certified copy of judgment or order
87A Enforcement of judgments and orders

Division 12—Miscellaneous

88          Immunities
88A         Contempts of Tribunal
88B         Punishment of contempts
88C         Miscellaneous provisions about legal process
88D         Service
88DA       Power to enlarge scope of proceedings
88E         Rules
88F         Costs of proceedings
88G         Recovery of costs of representation
88H        Power to set aside judgments or orders
88I         Finality of the Tribunal's decisions

Part 6A—Dispute resolution

Division 1—Preliminary

89 Interpretation
89A Reviewable decisions

Division 2—Notice of dispute

90          Notice of dispute
90A        Time for lodging notice of dispute
90B         Notice to be given by Registrar

Division 3—Initial reconsideration

91 Initial reconsideration
91A Reference of disputes to conciliation

Division 4—Conciliation proceedings

92          Assignment of presidential member or conciliation officer to preside at conciliation proceedings
92A         Obligation of conciliator
92B         Calling of conciliation conference
92C         Procedure in conciliation proceedings
92D         Reference of dispute into Tribunal

Division 6—Judicial determination of dispute

94A         Constitution of Tribunal
94B         Pre-hearing conference
94C         Determination of dispute

Division 7—Costs

95 Costs
95A Costs liability of representatives

Division 8—Ministerial intervention

96 Ministerial intervention

Part 6B—Special jurisdiction to expedite decisions

97          Special jurisdiction
97A        Constitution of Tribunal for proceedings under this Part
97B         Powers of Tribunal on application
97C         Costs

Part 6C—Medical Panels

Division 1—Establishment and constitution

98          Establishment
98A         Constitution
98B         Procedures
98C         Validity of acts
98D         Immunity of members

Division 2—Functions and powers

98E         Interpretation
98F         Functions
98G         Powers and procedures on a referral
98H        Opinions

Division 3—Related matters

98I Admissibility
98J Support staff

Part 6D—WorkCover Ombudsman

Division 1—Appointment and conditions of office

99          Appointment
99A         Term of office and conditions of appointment
99B         Remuneration
99C         Temporary appointments

Division 2—Functions and powers

99D         Functions
99E         Powers—general
99F         Obtaining information
99G         Power to examine witnesses etc

Division 3—Other matters

99H        Independence
99I         Staff
99J         Funding
99K         Delegation
99L         Annual report
99M        Other reports

Part 7—Miscellaneous

103         Extension of the application of this Act to self-employed persons
103A       Special provision for prescribed classes of volunteers
105         Insurance of registered employers against other liabilities
106         Payment of interim benefits
106A       Payment not to constitute an admission of liability
107         Employer may request progress report
107A       Copies of medical reports
107B       Worker's right of access to claims file
108         Medical examination at request of employer
109         Worker to be supplied with copy of medical report
110         Powers of entry and inspection
111         Inspection of place of employment by rehabilitation adviser
112         Confidentiality to be maintained
112AA      Confidentiality—employers
112A       Employer information
113         Injuries that develop gradually
114         Certain payments not to affect benefits under this Act
115         No contribution from workers
116         Payment of compensation where worker in prison
117         Service of documents
118         Service of documents on the Corporation
119         Contract to avoid Act
120         Dishonesty
120A       Evidence
122         Offences
122A       Expiation fees
123A       Right of intervention
123B        Code of Claimants' Rights
124         Regulations

Schedule 1—Transitional provisions

1            Interpretation
2            Application of repealed Act
3            Exempt employers
4            Mining and Quarrying Industries Fund
5            Statutory Reserve Fund
5A          Insurance Assistance Fund
5B          Investment of, and dealings with, the Funds
5C          Entitlement to documents
5D          Compensation payable to domestic partner on death of worker
5E          Additional transitional provisions
6Acts Interpretation Act

Schedule 2—Injuries presumed to arise from employment

Schedule 2A—Injuries presumed to arise from employment as a firefighter

Schedule 3—Minimum amounts of compensation according to degree of impairment under regulations

Schedule 3A—No disadvantage—non‑economic loss compensation

Schedule 4—Adjacent areas

1 Interpretation
2 Adjacent areas

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary
1—Short title
This Act may be cited as the Workers Rehabilitation and Compensation Act 1986.
2—Objects of Act

The objects of this Act are—
(a)to establish a workers rehabilitation and compensation scheme—
(i)that achieves a reasonable balance between the interests of employers and the interests of workers; and
(ii)that provides for the effective rehabilitation of injured workers and their early return to work; and
(iii)that provides fair compensation for employment-related injuries; and
(iv)that reduces the overall social and economic cost to the community of employment-related injuries; and
(v)that ensures that employers' costs are contained within reasonable limits so that the impact of employment-related injuries on South Australian businesses is minimised; and
(b)to provide for the efficient and effective administration of the scheme; and
(c)to establish incentives to encourage efficiency and discourage abuses; and
(d)to ensure that the scheme is fully funded on a fair basis; and
(e)to reduce the incidence of employment-related accidents and injuries; and
(f)to reduce litigation and adversarial contests to the greatest possible extent.
A person exercising judicial, quasi-judicial or administrative powers must interpret this Act in the light of its objects without bias towards the interests of employers on the one hand, or workers on the other.
The Corporation, and the employer from whose employment a compensable injury arises, must seek to achieve an injured worker's return to work (taking into account the objects and requirements of this Act).

3—Interpretation

In this Act, unless the contrary intention appears—
actuary means a Fellow or Accredited Member of the Institute of Actuaries of Australia;
Advisory Committee means the Workers Rehabilitation and Compensation Advisory Committee established under Part 2;
apprentice includes—
(a)a person undertaking training as a trainee in a trade, declared vocation or other occupation under a contract of training under the Training and Skills Development Act 2003;
(b)a person undertaking training in a scheme approved by the Corporation for the purposes of this definition,
and apprenticeship has a corresponding meaning;
authorised officer means a person who is authorised by the Corporation to exercise the powers of an authorised officer under this Act;
average minimum award rate means the amount published by the Commonwealth Statistician as the weighted average minimum weekly award rate for adult persons (wage and salary earners) in South Australia;
average weekly earnings, in relation to a worker, means the worker's average weekly earnings determined in accordance with section 4;
the board means the board of management of the Corporation;
business day means any day except Saturday, Sunday or a public holiday;
child, in relation to a deceased worker, includes a person in relation to whom the worker stood, at the date of death, in loco parentis;
close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—
(a)the relationship between a legally married couple; or
(b)a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;
Note—
Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.
compensable injury means an injury that is compensable by virtue of section 30;
compensation includes any monetary benefit payable under this Act;
conciliation officer—see section 81;
conciliator means a presidential member of the Tribunal or a conciliation officer assigned to preside at conciliation proceedings—see section 92(1)(a);
Consumer Price Index means the Consumer Price Index (All groups index for Adelaide) published by the Australian Bureau of Statistics;
contract of service means—
(a)a contract under which one person (the worker) is employed by another (the employer);
(b)a contract, arrangement or understanding under which one person (the worker) works for another in prescribed work or work of a prescribed class;
(c)a contract of apprenticeship;
(d)a contract, arrangement or understanding under which a person (the worker)—
(i)receives on-the-job training in a trade or vocation from another (the employer); and
(ii)is during the period of that training remunerated by the employer;
Corporation means the WorkCover Corporation of South Australia;
corresponding law means a law—
(a)of the Commonwealth; or
(b)of a State (other than this State) or a Territory of the Commonwealth; or
(c)of another country,
that provides for compensation for injuries arising from employment;
current work capacity, in relation to a worker, means a present inability arising from a compensable injury such that the worker is not able to return to his or her employment at the time of the occurrence of the injury but is able to return to work in suitable employment;
dependant, in relation to a deceased worker, means a relative of the worker who, at the time of the worker's death—
(a)was wholly or partially dependent for the ordinary necessities of life on earnings of the worker; or
(b)would, but for the worker's injury, have been so dependent,
and includes a posthumous child of the worker; and dependent has a corresponding meaning;
disease includes—
(a)any physical or mental ailment, disorder, defect or morbid condition, whether of sudden or gradual development; and
(b)any injury to which section 31 applies;
domestic partner—a person is the domestic partner of a worker if he or she lives with the worker in a close personal relationship and—
(a)the person—
(i)has been so living with the worker continuously for the preceding period of 3 years; or
(ii)has during the preceding period of 4 years so lived with the worker for periods aggregating not less than 3 years; or
(iii)has been living with the worker for a substantial part of a period referred to in subparagraph (i) or (ii) and the Corporation considers that it is fair and reasonable that the person be regarded as the domestic partner of the worker for the purposes of this Act; or
(b)a child, of whom the worker and the person are the parents, has been born (whether or not the child is still living);
educational institution means—
(a)a secondary school; or
(b)a trade or technical school; or
(c)a college of advanced education, university or other institution at which tertiary education is provided; or
(d)any other educational or training institution approved by the Corporation for the purposes of this definition;
employer means—
(a)a person by whom a worker is employed under a contract of service, or for whom work is done by a worker under a contract of service (subject to any exclusion under subsection (9));
(b)in relation to persons of whom the Crown is, under section 103A, the presumptive employer—the Crown;
(c)in relation to persons of whom any other person is, by virtue of a provision of this Act, the presumptive employer—that other person,
and includes a former employer and the legal personal representative of a deceased employer;
employment includes—
(a)work done under a contract of service;
(b)the work of a self-employed person to whom the Corporation has extended the protection of this Act;
(c)the work of persons of whom the Crown is, under section 103A, the presumptive employer;
(d)attendance by a worker at a place of pick-up;
evidentiary material means any document, object or substance of evidentiary value in proceedings before the Tribunal and includes any document, object or substance that should, in the opinion of the Tribunal, be produced for the purpose of enabling the Tribunal to determine whether or not it has evidentiary value;
foreign law means any law except a law of this State;
industrial association means—
(a)an association registered under the Fair Work Act 1994; or
(b)an organisation registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or
(c)the United Trades and Labor Council; or
(d)the Australian Mines and Metals Association; or
(e)Self Insurers of South Australia Inc; or
(ea)South Australian Employers' Chamber of Commerce and Industry Inc (trading as Business SA); or
(f)an association, society or body formed to represent, protect or further the interests of employers or employees;
the Industrial Court means the Industrial Court of South Australia;
industry includes any business or activity in which workers are employed;
injured worker—an injured worker is any worker who has suffered an injury (or, where the context admits, has died);
injury, in relation to a worker, means—
(a)any physical or mental injury including—
(i)loss, deterioration or impairment of a limb, organ or part of the body, or of a physical, mental or sensory faculty; or
(ii)a disease; or
(iii)disfigurement; or
(b)where the context admits—the death of the worker,
and includes a secondary injury;
legal personal representative—see subsection (11);
local government corporation means—
(a)a council under the Local Government Act 1999; or
(b)the Local Government Association of South Australia; or
(c)any other body—
(i)established for local government purposes; and
(ii)prescribed for the purposes of this definition;
medical expert means—
(a)a legally qualified medical practitioner;
(b)a registered dentist;
(c)a registered psychologist;
(d)a registered optician;
(e)a registered physiotherapist;
(f)a registered chiropractor;
(g)a registered podiatrist;
(h)a registered occupational therapist;
(i)a registered speech pathologist;
(j)a registered osteopath;
medical services means—
(a)attendance, examination or treatment by a medical expert (including the obtaining from a medical expert of a certificate or report); or
(b)any diagnostic examination or test required for the purposes of treatment by a medical expert;
no current work capacity, in relation to a worker, means a present inability arising from a compensable injury such that a worker is not able to return to work, either in his or her employment at the time of the occurrence of the injury or in suitable employment;
non-economic loss means—
(a)pain and suffering;
(b)loss of amenities of life;
(c)loss of expectation of life;
(d)any other loss or detriment of a non-economic nature;
notional weekly earnings in relation to a worker means—
(a)the worker's average weekly earnings; or
(b)where an adjustment has been made under this Act to take account of changes in levels of earnings, the value of money or remuneration (including under section 37) or other relevant factors (or 1 or more of these)—the worker's average weekly earnings as so adjusted;
officer of the Corporation includes an employee of the Corporation;
orphan child means a child whose natural or a adoptive parents are dead and includes a child, one of whose natural or adoptive parents is dead and who has no reasonable prospect of being supported by the surviving natural or adoptive parent;
parent, in relation to a deceased worker, includes a person who stood in loco parentis to the worker at the time of the worker's death;
place of employment means a place where a worker is required to carry out duties of employment and, if the place is a building, includes land within the external boundaries of the land on which the building is situated;
premises means—
(a)a building, structure or place (including an aircraft, ship or vehicle); or
(b)a part of premises;
prescribed allowance, in relation to the earnings of a worker, means any amount received by the worker from an employer by way of an allowance or benefit prescribed for the purposes of this definition;
presidential member of the Tribunal means the President or a Deputy President of the Tribunal;
recognised medical expert means—
(a)a legally qualified medical practitioner; or
(b)in relation to injuries of a particular kind—a medical expert who is recognised by the Corporation as having specialised knowledge of, and experience in the treatment of, injuries of that kind;
relative, in relation to a deceased worker, means a spouse, domestic partner, parent, grandparent, step-parent, child, grandchild, stepchild, brother, sister, stepbrother, stepsister, half-brother or half-sister of the worker;
the repealed Act means the Workers Compensation Act 1971 repealed by this Act;
residence in relation to a worker includes a place—
(a)at which the worker resides in pursuance of the terms of the worker's employment or at the request of the employer; or
(b)at which it is necessary or convenient for the worker to reside temporarily for the purposes of employment;
review authority means—
(a)a person or body conducting a review under section 72M; or
(b)the Tribunal;
reviewable decision—see section 89A;
secondary injury means an injury that is, or results from, the aggravation, acceleration, exacerbation, deterioration or recurrence of a prior injury;
self-employed worker means a person to whom the Corporation has extended the protection of this Act pursuant to section 103;
self-insured employer means an employer who is registered by the Corporation as a self‑insured employer under Part 5 Division 1;
ship includes a boat, vessel or craft;
South Australian ship means a ship—
(a)that is registered in the State; or
(b)that is owned or under charter by the Crown; or
(c)that is owned or under charter by a body corporate or other person—
(i)whose principal office or place of business is in the State; or
(ii)whose principal office or place of business with respect to the control or management of the ship is in the State;
spouse—a person is the spouse of another if they are legally married;
the State includes the territorial waters of the State;
suitable employment, in relation to a worker, means employment in work for which the worker is currently suited, whether or not the work is available, having regard to the following:
(a)the nature of the worker's incapacity and previous employment;
(b)the worker's age, education, skills and work experience;
(c)the worker's place of residence;
(d)medical information relating to the worker that is reasonably available, including in any medical certificate or report;
(e)if any rehabilitation programs are being provided to or for the worker;
(f)the worker's rehabilitation and return to work plan, if any;
therapeutic appliance means—
(a)spectacles or contact lenses; or
(b)a hearing aid; or
(c)false teeth; or
(d)a prosthesis; or
(e)a crutch or wheelchair; or
(f)any other appliance or aid for reducing the extent of an injury or enabling a person to overcome in whole or part the effects of an injury;
trauma means an event, or series of events, out of which a compensable injury arises;
Tribunal means the Workers Compensation Tribunal;
unrepresentative injury means an injury arising from an attendance mentioned in section 30(3) or a journey mentioned in section 30(5)(b);
WorkCover premium order means a WorkCover premium order under section 71;
WorkCover premium provisions—see section 66(1);
worker means—
(a)a person by whom work is done under a contract of service (whether or not as an employee);
(b)a person who is a worker by virtue of section 103A;
(c)a self-employed worker,
and includes a former worker and the legal personal representative of a deceased worker;
working day in relation to a worker means a day on which the worker works or would, if not incapacitated for work, be normally required to work in the course of employment.

A member of the crew of a fishing boat who is remunerated by a share in profits or gross receipts obtained by working the boat is not a worker for the purposes of this Act.
Where a worker has no fixed place of employment, the worker's place of employment on a particular working day is the place at which, or the area in which, the worker works or is required to work on that working day.
Where in a prescribed industry or in prescribed circumstances a person (the principal) contracts with another person (the contractor) for the performance by the contractor of work undertaken by the principal, the principal shall, for the purposes of this Act, be deemed to be the employer of workers employed by the contractor.
The regulations may exclude (either absolutely or subject to limitations or conditions stated in the regulations) specified classes of workers wholly or partially from the application of this Act.
A regulation under subsection (7) may only be made after consultation with the Advisory Committee.
The regulations may, in prescribing work or work of a specified class for the purposes of paragraph (b) of the definition of contract of service in subsection (1)—
(a)designate a person, or persons of a specified class, as the presumptive employer of a worker who is within the ambit of the relevant prescription;
(b)exclude a person who would otherwise be the employer of such a worker from the definition of employer in subsection (1).
For the purposes of this Act—
(a)total incapacity for work is the incapacity for work that is represented by a worker having no current work capacity within the meaning of this Act; and
(b)partial incapacity for work is the incapacity for work that is represented by a worker having a current work capacity within the meaning of this Act.
For the purposes of this Act, a person is the legal personal representative of a deceased worker if the person is—
(a)a person who is entitled at law to administer the estate of the deceased worker; or
(b)a person who is authorised by the Tribunal (on application made under this subsection) to act under this Act as a legal personal representative of the deceased worker.

(11a)For the purposes of this Act, 2 or more workplaces in close proximity may, if the Corporation so determines, be regarded as a single workplace.

A reference in this Act to suitable employment provided or offered by a worker's employer includes—
(a)employment in respect of which—
(i)the number of hours each day or week that the worker performs work; or
(ii)the range of duties the worker performs,
is suitably increased in stages (in accordance with a rehabilitation and return to work plan or otherwise); and
(b)if the employer does not provide employment involving the performance of work duties—suitable training or vocational re‑education provided—
(i)by the employer at the workplace or elsewhere; or
(ii)by any other person or body under arrangements approved by the employer,
but only if the employer pays an appropriate wage or salary to the worker in respect of the time the worker attends the suitable training or vocational re‑education.
A reference in a provision of this Act to a designated form is a reference to a form designated for the purposes of that provision by the Corporation from time to time by notice in the Gazette (and for the purposes of this Act the Corporation may specify information that may be provided in a specified form, not being in the nature of a written or printed form, which will satisfy a requirement as to the provision of information in a designated form).
A reference in a provision of this Act to a designated manner is a reference to a manner designated for the purposes of that provision by the Corporation from time to time by notice in the Gazette.
If a monetary sum is followed by the word (indexed), the amount is to be adjusted on 1 January of each year by multiplying the stated amount by a proportion obtained by dividing the Consumer Price Index for the September quarter of the immediately preceding year by the Consumer Price Index for the September quarter, 2007 (with the amount so adjusted being rounded up in accordance with the regulations).

4—Average weekly earnings

Subject to this section, the average weekly earnings of an injured worker is the average weekly amount that the worker earned during the period of 12 months preceding the relevant date in relevant employment.
For the purposes of subsection (1), relevant employment is constituted by—
(a)employment with the employer from whose employment the injury arose; and
(b)if the worker was, at the time of the occurrence of the injury, in the employment of 2 or more employers, employment with each such employer.
For the purposes of this section, any amount paid while a worker was on annual, sick or other leave will be taken to be earnings.
If during the period of 12 months before the relevant date the worker had changed the circumstances of his or her employment from working casually or seasonally to working in permanent employment (whether on a full‑time or part‑time basis) and the worker was in that permanent employment on the relevant date, the worker's average weekly earnings may be determined by reference to the average weekly amount that the worker earned during the period of that permanent employment rather than during the period of 12 months preceding the relevant date, unless to do so would disadvantage the worker.
If a worker voluntarily (otherwise than by reason of an incapacity resulting from a compensable injury)—
(a)reduces the normal number of hours worked; or
(b)alters the nature of the work performed with the result that a reduction occurs in the worker's weekly earnings,
any period before the reduction or alteration takes effect will be disregarded for the purposes of determining average weekly earnings.
In addition, if by reason of the shortness of time during which the worker has been in employment, the terms of the worker's employment or for any other reason, it is not possible to arrive at a fair average, the worker's average weekly earnings may be determined by reference to the average weekly amount being earned by other persons in the same employment with the same employer who perform similar work at the same grade as the worker or, if there is no person so employed, by other persons in the same class of employment who perform similar work at the same grade as the worker.
If a worker is a contractor rather than an employee, the worker's average weekly earnings will be determined by reference to the rate of pay that the worker would have received if the worker had been working as an employee and, if there is an award or industrial agreement applicable to the class and grade of work in which the worker was engaged, the worker's average weekly earnings will be determined by reference to that award or industrial agreement.
If—
(a)an employer is a body corporate; and
(b)the worker is a director as well as an employee of the employer,
the worker's average weekly earnings will be determined by reference to the remuneration (calculated on a weekly basis) last reported in a return from the employer to the Corporation under Part 5 Division 6 (unless the Corporation determines that there is good cause not to apply this subsection in the circumstances of the particular case).
Note—
Subsection (8) had not come into operation at the date of the publication of this version.
If because of the gradual onset of a compensable injury it appears that the level of earnings of an injured worker prior to the relevant date were affected by the injury, the average weekly earnings of the worker must be set at an amount that fairly represents the weekly amount that the worker would have been earning if the level of earnings had not been so affected.
The average weekly earnings of an injured worker who—
(a)was not a full‑time worker immediately before the relevant date; and
(b)immediately before the relevant date had been seeking full‑time employment; and
(c)had been predominantly during the preceding 18 months a full‑time worker,
will be taken to be the average weekly earnings of the worker while employed in full‑time employment during the period of 18 months preceding the relevant date.
If a worker who suffers a permanent incapacity (whether total or partial) is under the age of 21 years, the average weekly earnings of the worker must be determined by applying the rate of pay that would have been payable to the worker had the worker been 21 years old and if a worker who suffers a permanent incapacity (whether total or partial) is an apprentice, the average weekly earnings of the worker must be determined by applying the rate of pay that would have been payable to the worker had the worker completed the apprenticeship (and this determination may have effect (if not before) when it is determined that a worker has a permanent incapacity under a redetermination under section 53).
For the purposes of determining the average weekly earnings of a worker—
(a)any component of the worker's earnings attributable to overtime will be disregarded if, at the relevant date, the worker had no reasonable expectation to work overtime within the foreseeable future because of a change in employment arrangements or work practices, or other relevant factors, announced, introduced or occurring on or before the relevant date, but otherwise payments attributable to overtime will be taken into account; and
(b)to the extent that a worker has worked overtime that is to be taken into account, the component for overtime will be an amount calculated as follows:
Where
C is the amount of the component
A is the total of the amounts paid or payable to the worker for overtime during the period used to calculate the average weekly earnings of the worker under a preceding subsection (the relevant period)
B is the number of weeks in the relevant period during which the worker worked or was on annual, sick or other paid leave.
For the purposes of determining the average weekly earnings of a worker—
(a)any amount otherwise payable to the worker that has been the subject of a voluntary salary sacrifice for superannuation purposes by the worker will be taken into account as earnings; and
(b)any non‑cash benefit of a prescribed class provided to the worker by an employer—
(i)will be taken into account if the worker does not retain the benefit of the non‑cash benefit (and valued after taking into account any principles specified by this Act or prescribed by the regulations); and
(ii)will not be taken into account if the worker retains the benefit of the non‑cash benefit.
Despite a preceding subsection, the following will be disregarded for the purposes of determining the average weekly earnings of a worker:
(a)any contribution paid or payable by an employer to a superannuation scheme for the benefit of the worker;
(b)any prescribed allowances.
Despite a preceding subsection—
(a)if an injured worker's remuneration was, at the relevant date, covered by an award or industrial agreement, the worker's average weekly earnings will not be less than the weekly wage to which the worker was then entitled under the award or industrial agreement;
(b)if, but for this paragraph, the average weekly earnings of a worker (not being a self‑employed worker) would be less than the prescribed amount, the average weekly earnings will be fixed at the prescribed amount;
(c)the average weekly earnings of a worker will in no case be fixed at more than twice State average weekly earnings.
In this section—
(a)a reference to the relevant date is a reference to the date on which the relevant injury occurs; and
(b)a reference to State average weekly earnings is a reference to the amount last published before the relevant date by the Australian Bureau of Statistics as an estimate of Average Weekly Earnings for Ordinary Hours of Work for each Full‑time Employed Adult Male Unit in this State.

5—Act to bind Crown
This Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, in all its other capacities.
6—Territorial application of Act

This Act applies to a worker's employment if (and only if) that employment is connected with this State.
The fact that a worker is outside this State when an injury occurs does not prevent an entitlement to compensation arising under this Act in respect of employment that is connected with this State.
A worker's employment is connected with—
(a)the State in which the worker usually works in that employment; or
(b)if no State or no one State is identified by paragraph (a), the State in which the worker is usually based for the purposes of that employment; or
(c)if no State or no one State is identified by paragraph (a) or (b), the State in which the employer's principal place of business in Australia is located.
In the case of a worker working on a ship, if no State or no one State is identified by subsection (3), a worker's employment is, while working on a ship, connected with the State in which the ship is registered or (if the ship is registered in more than 1 State) the State in which the ship most recently became registered.
If no State is identified by subsection (3) or (if applicable) (4), a worker's employment is connected with this State if—
(a)a worker is in this State when the injury occurs; and
(b)there is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter.
In deciding whether a worker usually works in a State—
(a)regard must be had to the worker's work history with the employer over the preceding 12 months and the intentions of the worker and employer; but
(b)regard must not be had to any temporary arrangement under which the worker works in a State for a period of not longer than 6 months.
Subject to subsection (6), in determining whether a worker usually works in a State or is usually based in a State for the purposes of employment, regard must be had to any period during which a worker works in a State or is in a State for the purposes of employment whether or not under the statutory workers compensation scheme of that State the person is regarded as a worker or as working or employed in that State.
Compensation under this Act does not apply in respect of the employment of a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 of the Commonwealth applies to the worker's employment.
In this section—
ship means any kind of vessel used in navigation by water, however propelled or moved, and includes—
(a)a barge, lighter, or other floating vessel; and
(b)an air-cushion vehicle, or other similar craft,
used wholly or primarily in navigation by water;
State includes a Territory and, in a geographical sense, a State's or Territory's relevant adjacent area as described in Schedule 4.

6A—Determination of State with which worker's employment is connected in proceedings under this Act

If the question of whether this State is connected with a worker's employment arises in proceedings in the Tribunal or a court in relation to a claim for compensation under this Act, the Tribunal or court must—
(a)determine the State with which the worker's employment is connected in accordance with section 6; and
(b)cause that determination to be entered in its records.
The Tribunal must, in determining a question under subsection (1), be constituted of 1 or more presidential members and if the question arises in proceedings that are not before a presidential member (or presidential members) then the question is to be referred, on an interlocutory basis, to a presidential member of the Tribunal.

(3)Subsection (1) does not apply if there is a determination that is to be recognised under section 6B.
6B—Recognition of previous determinations

If a determination of the State with which a worker's employment is connected has been made—
(a)by the Tribunal or a court under section 6A; or
(b)by a designated court under a provision of a law that corresponds with section 6A, or under another provision of a law prescribed by the regulations for the purposes of this provision; or
(c)by a court of this State or another State in the course of proceedings that are relevant to the application of this Act or a corresponding law, or that relate to a claim for compensation or damages,
the State so determined is to be recognised for the purposes of this Act as the State with which the worker's employment is connected.
This section does not prevent any appeal relating to any such determination and if the determination is altered on appeal, the altered determination is to be recognised under subsection (1).
In this section—
designated court means—
(a)the Supreme Court of a State in which a corresponding law is in force; or
(b)a court, tribunal or other decision-making body of a State in which a corresponding law is in force that is declared by the regulations to be a designated court for the purposes of this section;
State includes a Territory.

Part 2—The Workers Rehabilitation and Compensation Advisory Committee
7—Advisory Committee

The Workers Rehabilitation and Compensation Advisory Committee is established.
The Advisory Committee consists of nine members appointed by the Governor of whom—
(a)three (who must include an expert in rehabilitation) will be appointed on the Minister's nomination made after consulting with associations representing employers and with associations representing employees (including the UTLC); and
(b)three (who must include at least one suitable representative of registered employers and at least one suitable representative of self-insured employers) will be appointed on the Minister's nomination made after consulting with associations representing employers; and
(c)three will be appointed on the Minister's nomination made after consultation with associations representing employees, including the UTLC.
One member of the Committee must be appointed by the Governor to preside at meetings of the Committee.
The member is referred to in this Act as the presiding member of the Committee.
The appointment must be made from among the members appointed under subsection (2)(a).

8—Functions of Advisory Committee

The functions of the Advisory Committee are—
(a)to advise the Minister on the formulation and implementation of policies relating to workers rehabilitation and compensation; and
(b)to advise the Minister (on its own initiative or at the request of the Minister) on—
(i)proposals to make amendments to this Act, or to make regulations under this Act; and
(ii)other legislative proposals that may affect the operation of this Act; and
(c)to investigate work-related injury and disease; and
(d)to report to the Minister (on its own initiative or at the request of the Minister) on any other matter relating to workers rehabilitation or compensation; and
(e)to carry out other functions assigned to the Advisory Committee by the Minister.
The Advisory Committee may conduct public meetings and discussions and may, with the approval of the Minister, conduct inquiries, on questions arising before the Advisory Committee.
The Advisory Committee may on its own initiative, and must at the direction of the Minister, consult and co-operate with the Corporation, other government authorities at a State or national level, representatives of industrial associations and other persons or bodies.
The Advisory Committee may, with the approval of the Minister, establish subcommittees to assist the Committee.

A subcommittee may, but need not, consist of, or include, members of the Advisory Committee.

9—Terms and conditions of office

A member of the Advisory Committee will be appointed on conditions, and for a term (not exceeding three years), determined by the Governor and, on the expiration of a term of appointment, is eligible for re-appointment.
The Governor may remove a member from office for—
(a)breach of, or non-compliance with, a condition of appointment; or
(b)mental or physical incapacity to carry out duties of office satisfactorily; or
(c)neglect of duty; or
(d)dishonourable conduct.
The office of a member becomes vacant if the member—
(a)dies; or
(b)completes a term of office and is not re-appointed; or
(c)resigns by written notice addressed to the Minister; or
(e)is removed from office by the Governor under subsection (2).
On the office of a member of the Advisory Committee becoming vacant, a person must be appointed, in accordance with this Act, to the vacant office.

10—Allowances and expenses

A member of the Advisory Committee is entitled to fees, allowances and expenses approved by the Governor.
The fees, allowances and expenses are payable out of the Compensation Fund.

11—Proceedings etc of the Advisory Committee

Meetings of the Advisory Committee must be held at times and places appointed by the Committee, but there must be at least six meetings per year.
Six members of the Advisory Committee constitute a quorum of the Committee.
The presiding member of the Advisory Committee will, if present at a meeting of the Committee, preside at the meeting and, in the absence of the presiding member, a member chosen by the members present will preside.
A decision carried by a majority of the votes of the members present at a meeting of the Advisory Committee is a decision of the Committee.
Each member present at a meeting of the Advisory Committee is entitled to one vote on a matter arising for decision by the Committee, and, if the votes are equal, the person presiding at the meeting has a second or casting vote.
The Advisory Committee must ensure that accurate minutes are kept of its proceedings.
The Advisory Committee may open its proceedings to the public unless the proceedings relate to commercially sensitive matters or to matters of a private confidential nature.
Subject to this Act, the proceedings of the Advisory Committee will be conducted as the Committee determines.

12—Confidentiality
A member of the Advisory Committee who, as a member of the Committee, acquires information that—
(a)the member knows to be of a commercially sensitive nature, or of a private confidential nature; or
(b)the Committee classifies as confidential information,

must not divulge the information without the approval of the Committee.
Maximum penalty: $1 000.
13—Conflict of interest under Public Sector (Honesty and Accountability) Act
A member of the Advisory Committee will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with employers generally or employees generally, or a substantial section of employers or employees.

Part 3—Rehabilitation and accident prevention programmes
Division 1—Rehabilitation
26—Rehabilitation programmes

The Corporation shall establish or approve rehabilitation programmes with the object of ensuring that workers suffering from compensable injuries—
(a)achieve the best practicable levels of physical and mental recovery; and
(b)are, where possible, restored to the workforce and the community.
A rehabilitation programme may be established by the Corporation in relation to—
(a)a particular worker;
(b)workers of a particular class;
(c)workers suffering from injuries of a particular class.
For the purposes, or in the course, of a rehabilitation programme the Corporation may—
(a)provide for the physical, mental or vocational assessment of workers;
(b)provide advisory services to workers, members of the families of workers, employers and others;
(c)assist workers in seeking, obtaining or retaining employment;
(d)assist in the training or retraining of workers;
(e)assist workers to find appropriate accommodation;
(f)provide for the necessary and reasonable costs (including costs of travel, accommodation and child care) incurred by workers in order to participate in rehabilitation programmes;
(g)provide equipment, facilities and services to assist workers to cope with their injuries at home or in the workplace;
(h)provide assistance to persons who may be in a position to help workers to overcome or cope with their injuries;
(i)disseminate information that relates to work related injuries;
(j)conduct, participate in or subsidise research into any aspect of rehabilitation;
(k)encourage and support the work of organisations that provide assistance to workers suffering from compensable injuries;
(l)do anything else that may assist in the rehabilitation of workers.
The Corporation may admit an injured worker to a rehabilitation programme notwithstanding that it has not been finally established that the worker's injury is compensable.

27—Clinics and other facilities

In the exercise of its powers under this Division, the Corporation should seek to utilise rehabilitation facilities and services provided by the employer of an injured worker.
In the exercise of its powers under this Division, the Corporation should give encouragement and assistance to the establishment and provision of rehabilitation facilities and services in the private sector.
The Corporation may—
(a)enter into arrangements with any government agency or other body under which medical services or rehabilitation facilities and services will be provided for injured workers; and
(b)with the approval of the Minister, establish clinics and other facilities for the assessment, treatment or rehabilitation of injured workers; and
(c)establish and maintain a register of persons and organisations that are, in the opinion of the Corporation, properly qualified and equipped to provide rehabilitation services.

28—Rehabilitation advisers

The Corporation shall appoint such rehabilitation advisers as are necessary for the purposes of this Act.
A rehabilitation adviser—
(a)shall assist in devising and co-ordinating rehabilitation programmes for injured workers; and
(b)shall be responsible to the Corporation for monitoring the progress of injured workers who are involved in rehabilitation programmes; and
(c)may, subject to monetary limitations set by the Corporation, expend money of the Corporation in obtaining for an injured worker services and equipment that may assist towards rehabilitation; and
(d)shall consult with employers with a view to expediting the return to work of injured workers.
A statement made by or to a rehabilitation adviser about a worker who is participating in a rehabilitation program must not be disclosed in proceedings under this Act unless—
(a)the rehabilitation adviser and the worker consent to the disclosure; or
(b)the statement is relevant to an allegation of fraud or dishonesty in criminal proceedings against the worker.

28A—Rehabilitation and return to work plans

The Corporation may establish a rehabilitation and return to work plan for a worker who is incapacitated for work by a compensable injury.
If a worker—
(a)is receiving compensation by way of income maintenance; and
(b)is (or is likely to be) incapacitated for work by a compensable injury for more than 13 weeks (but has some prospect of returning to work),
the Corporation must prepare a rehabilitation and return to work plan for the worker.
In preparing the plan, the Corporation—
(a)must consult with the worker and the employer out of whose employment the injury arose; and
(ab)must consult with the relevant rehabilitation and return to work co‑ordinator under section 28D (if appointed); and
(b)should if practicable—
(i)review medical records relevant to the worker's condition; or
(ii)consult with any medical expert who is treating the worker for the compensable injury.
A rehabilitation and return to work plan may impose obligations on the worker and on the employer.
The Corporation must give the worker and the employer a copy of the rehabilitation and return to work plan.
The plan is binding on the worker and the employer.

28B—Review of plan

A worker or employer may apply for review of—
(a)a decision to establish or not to establish a rehabilitation and return to work plan; or
(b)a provision of a rehabilitation and return to work plan,
on the ground that the decision or the provision is unreasonable.
On review of a rehabilitation and return to work plan (or in consequent appellate proceedings), the plan may be modified to the extent necessary to ensure that the plan does not impose unreasonable obligations on the worker or the employer.
Proceedings on a review under this section (or consequent appellate proceedings) do not suspend obligations imposed by a rehabilitation and return to work plan.

28C—Rehabilitation standards and requirements

Rehabilitation programs, and rehabilitation and return to work plans, must comply with standards and requirements imposed by regulation.
Before the publication of regulations imposing standards and requirements for rehabilitation programs or rehabilitation and return to work plans, the Corporation must consult on the proposed regulations with—
(a)professional associations representing the providers of rehabilitation services of the relevant kinds; and
(b)the Self-Insurers Association of South Australia Incorporated and associations representing self-managed employers; and
(c)associations representing employers (including the South Australian Employers Chamber of Commerce and Industry); and
(d)associations representing employees (including the United Trades and Labor Council).

28D—Rehabilitation and return to work co‑ordinators

Subject to this section, an employer must appoint a rehabilitation and return to work co‑ordinator (referred to in this section as a co‑ordinator).
A co‑ordinator—
(a)must be an employee of the employer; and
(b)must be based in South Australia.
The employer must appoint the co‑ordinator—
(a)within 6 months after the requirement to be registered under Part 5 first arises (disregarding any exemption that may be available under that Part); or
(b)within a later period approved by the Corporation.
Maximum penalty: $10 000.
A co‑ordinator has the following functions:
(a)to assist workers suffering from compensable injuries, where prudent and practicable, to remain at or return to work as soon as possible after the occurrence of the injury;
(b)to assist with liaising with the Corporation in the preparation and implementation of a rehabilitation and return to work plan for an injured worker;
(c)to liaise with any persons involved in the rehabilitation of, or the provision of medical services to, workers;
(d)to monitor the progress of an injured worker's capacity to return to work;
(e)to take steps to, as far as practicable, prevent the occurrence of a secondary injury when a worker returns to work;
(f)to perform other functions prescribed by the regulations.
An employer must—
(a)provide such facilities and assistance as are reasonably necessary to enable a co‑ordinator to perform his or her functions under this section; and
(b)comply with any training or operational guidelines published by the Corporation from time to time for the purposes of this section.
If a vacancy occurs in the office of a co‑ordinator under this section, the employer must make a new appointment to the office within the prescribed period.
Maximum penalty: $10 000.
The regulations may exempt an employer, or employers of a prescribed class, from a requirement under this section.

Division 2—Injury prevention programmes
29—Prevention programmes
The Corporation may assist employers to establish or maintain programmes that are designed to prevent or reduce the incidence of compensable injuries.

Part 4—Compensation
Division 1—Conditions under which injury is compensable
30—Compensability of injuries

Subject to this Act, an injury is compensable if it arises from employment.
Subject to this section, an injury arises from employment if—
(a)in the case of an injury that is not a secondary injury or a disease—it arises out of or in the course of employment; or
(b)in the case of an injury that is a secondary injury or a disease—
(i)the injury arises out of employment; or
(ii)the injury arises in the course of employment and the employment contributed to the injury.
A worker's employment includes—
(a)attendance at the worker's place of employment on a working day but before the day's work begins in order to prepare, or be ready, for work; and
(b)attendance at the worker's place of employment during an authorised break from work; and
(c)attendance at the worker's place of employment but after work ends for the day while the worker is preparing to leave, or in the process of leaving, the place; and
(d)attendance at an educational institution under the terms of an apprenticeship or other legal obligation, or at the employer's request or with the employer's approval; and
(e)attendance at a place to receive a medical service, to obtain a medical report or certificate (or to be examined for the purpose), to participate in a rehabilitation program or for the purposes of a rehabilitation and return to work plan, or to apply for, or receive, compensation for a compensable injury.
However, an injury does not arise from employment if it arises out of, or in the course of, the worker's involvement in a social or sporting activity, except where the activity forms part of the worker's employment or is undertaken at the direction or request of the employer.
An injury that arises out of, or in the course of, a journey arises from employment only if—
(a)the journey is undertaken in the course of carrying out duties of employment; or
(b)the journey is between—
(i)the worker's place of residence and place of employment; or
(ii)the worker's place of residence or place of employment and—
(A)an educational institution the worker attends under the terms of an apprenticeship or other legal obligation, or at the employer's request or with the employer's approval; or
(B)a place the worker attends to receive a medical service, to obtain a medical report or certificate (or to be examined for that purpose), to participate in a rehabilitation program, or to apply for, or receive, compensation for a compensable injury,
and there is a real and substantial connection between the employment and the accident out of which the injury arises.
However, the fact that a worker has an accident in the course of a journey to or from work does not in itself establish a sufficient connection between the accident and the employment for the purposes of subsection (5)(b).
The journey between places mentioned in subsection (5)(b) must be a journey by a reasonably direct route but may include an interruption or deviation if it is not, in the circumstances of the case, substantial, and does not materially increase the risk of injury to the worker.

30A—Psychiatric injuries
An injury consisting of an illness or disorder of the mind is compensable if and only if—
(a)the employment was a substantial cause of the injury; and
(b)the injury did not arise wholly or predominantly from—
(i)reasonable action taken in a reasonable manner by the employer to transfer, demote, discipline, counsel, retrench or dismiss the worker; or

(ii)a decision of the employer, based on reasonable grounds, not to award or provide a promotion, transfer, or benefit in connection with the worker's employment; or
(iii)reasonable administrative action taken in a reasonable manner by the employer in connection with the worker's employment; or
(iv)reasonable action taken in a reasonable manner under this Act affecting the worker.

30B—Effect of misconduct etc

A worker who is acting in connection with, and for the purposes of, the employer's trade or business is presumed to be acting in the course of employment despite the fact that—
(a)the worker is acting in contravention of a statutory or other regulation applicable to the employment; or
(b)the worker is acting without, or in contravention of, instructions from the employer.
However—
(a)a worker will not be presumed to be acting in the course of employment if the worker is guilty of misconduct or acts in contravention of instructions from the employer during the course of an attendance under section 30(3); and
(b)an injury is not compensable if it is established on the balance of probabilities that the injury is wholly or predominantly attributable to—
(i)serious and wilful misconduct on the part of the worker; or
(ii)the influence of alcohol or a drug voluntarily consumed by the worker (other than a drug lawfully obtained and consumed in a reasonable quantity by the worker).

(3)Subsection (2)(a) does not apply in a case of death or permanent total incapacity for work and subsection (2)(b) does not apply in a case of death or serious and permanent injury.
31—Evidentiary provision

Subject to this section, an injury is not compensable unless it is established on the balance of probabilities that it arises from employment.
If a worker suffers an injury of a kind referred to in the first column of Schedule 2 and has been employed in work of a type referred to in the second column of Schedule 2 opposite the injury, the worker's injury is presumed, in the absence of proof to the contrary, to have arisen from that employment.

(2a)If—
(a)a worker suffers an injury of a kind referred to in the first column of Schedule 2A; and
(b)the injury occurred on or after 1 July 2013; and
(c)before the injury occurred, the worker was employed by the South Australian Metropolitan Fire Service (SAMFS) as a firefighter for the qualifying period referred to in the second column of Schedule 2A opposite the injury; and
(d)during that period, the worker was exposed to the hazards of a fire scene (including exposure to a hazard of the fire that occurred away from the scene),

the worker's injury is presumed, in the absence of proof to the contrary, to have arisen from employment by SAMFS.
(2b)If—
(a)a worker suffers an injury of a kind referred to in the first column of Schedule 2A; and
(b)the worker was a member of the South Australian Country Fire Service (SACFS) presumptively employed by the Crown as a firefighter—
(i)on or after 1 July 2013; and

(ii)before the injury occurred; and
(iii)for the qualifying period referred to in the second column of Schedule 2A opposite the injury; and

(c)the injury occurred—
(i)on or after 1 July 2013; and

(ii)in the case of a worker who is no longer a member of SACFS presumptively employed by the Crown as a firefighter—no more than 10 years after the cessation of that presumptive employment; and

(d)during the qualifying period referred to in paragraph (b)(iii), the worker was exposed to the hazards of a fire scene (including exposure to a hazard of the fire that occurred away from the scene),

the worker's injury is presumed, in the absence of proof to the contrary, to have arisen from his or her presumptive employment by the Crown.

A regulation made on the recommendation, or with the approval, of the Corporation or the Advisory Committee may—
(a)extend the operation of subsection (2) to injuries and types of work prescribed in the regulation;
(b)extend the operation of subsections (2a) and (2b) to an injury and corresponding qualifying period prescribed in the regulation.
Where a worker retires or is retired from employment on account of age or ill-health and the worker makes a claim for noise induced hearing loss after the expiration of two years from the date of the retirement, subsection (2) does not apply in relation to that claim.

(4a)For the purposes of subsections (2a) and (2b)—
(a)a worker is taken to have been employed as a firefighter if firefighting duties made up a substantial portion of his or her duties; and
(b)a worker who was so employed or engaged for 2 or more periods that add up to or exceed the qualifying period is taken to have been employed or engaged for the qualifying period; and
(c)the qualifying period may include a period or periods that commenced or occurred before 1 July 2013.

Where—
(a)a worker's injury consists of the aggravation, acceleration, exacerbation, deterioration or recurrence of a pre-existing coronary heart disease; and
(b)the injury arises in the course of employment,
it will be presumed, in the absence of proof to the contrary, that the employment contributed to the injury.

Division 2—Compensation for medical expenses etc
32—Compensation for medical expenses

Subject to this section, a worker is entitled to be compensated for costs of a kind described in subsection (2) reasonably incurred by the worker in consequences of having suffered a compensable injury—
(a)in accordance with a scale published by the Minister under this section; or
(b)if the relevant service is not covered by a scale under this section—to the extent of a reasonable amount for the provision of the service.
The costs referred to in subsection (1) are as follows:
(a)the cost of medical services;
(b)the cost of hospitalisation and all associated medical, surgical and nursing services;
(c)the cost of approved rehabilitation;
(d)the cost of travelling, or being transported, to and from any place for the purpose of receiving medical services, hospitalisation or approved rehabilitation (but not where the worker travels in a private vehicle);
(e)where it is necessary for the worker to be accommodated away from home for the purpose of receiving medical services or approved rehabilitation—the cost of such accommodation (but not exceeding limits prescribed by regulation);
(f)the cost of attendance by a registered or enrolled nurse, or by some other person approved by the Corporation or of a class approved by the Corporation, where the injury is such that the worker must have nursing or personal attendance;
(g)the cost of the provision, maintenance, replacement or repair of therapeutic appliances;
(h)the cost of medicines and other material purchased on the prescription or recommendation of a medical expert;
(i)any other costs (or classes of costs) authorised by the Corporation.
Compensation in respect of costs to which this section applies may be paid—
(a)to the worker; or
(b)directly to the person to whom the worker is liable for those costs.
Where a worker has been charged more than the amount that the worker is entitled to claim for the provision of a service in respect of which compensation is payable under this section, the Corporation may reduce the charge by the amount of the excess.

(4a)A decision of the Corporation under subsection (4) is not reviewable.

Where—
(a)services of a kind to which this section applies were provided to a worker in relation to a compensable injury; and
(b)the Corporation considers that the services were, in the circumstances of the case, inappropriate or unnecessary,
the Corporation may disallow charges for the services.
Where the Corporation disallows or reduces a charge under this section—
(a)it must give to the provider of the service a notice setting out—
(i)the basis of the Corporation's decision to disallow or reduce the charge; and
(ii)where the charge has been disallowed under subsection (5) the provider's right to have the decision reviewed under this Act; and
(b)the worker is not liable to the provider for the disallowed charge, or for more than the reduced charge, (as the case requires) and, if the worker has in fact paid an amount for which he or she is not liable, the Corporation will reimburse the worker for that amount and may recover it from the provider as a debt.
Where a worker travels in a private vehicle to or from any place for the purpose of receiving medical services, hospitalisation or approved rehabilitation, and the travel is reasonably necessary in the circumstances of the case, the worker is entitled to a travel allowance at rates fixed by a scale published by the Minister under this section.
A reference in this section to approved rehabilitation is a reference to rehabilitation programs or services provided by a person who has an agreement with the Corporation for the provision of those programs or services.
If a treatment protocol for an injury of a particular kind has been published by the Minister under this section, costs of medical services for treatment of an injury of the relevant kind (and related hospitalisation and nursing services) are only compensable where—
(a)the services are provided in accordance with the protocol; or
(b)the provider of the services establishes, to the Corporation's satisfaction, that services outside the terms of the protocol are justified in the circumstances of the particular case.
The amount of compensation for a service covered by a scale of charges published by the Minister under this section must be in accordance with the scale.
The Minister may, by notice in the Gazette, on the recommendation of the Corporation, publish—
(a)scales of charges for the purposes of this section (ensuring as far as practicable that the scales comprehensively cover the various kinds of services to which this section applies);
(b)treatment protocols for treatment of injuries of particular kinds.
Subject to subsection (12a), a scale of charges published under this section must be based on the average charge to private patients for the relevant service (but the amount fixed for the service must not exceed the amount recommended by the relevant professional association).

(12a)A scale of charges for services provided by a public hospital may be based on government charges for the relevant service.

Before the Corporation makes a recommendation to the Minister about the publishing of a scale of charges, or a treatment protocol, the Corporation must consult with—
(a)professional associations representing the providers of medical services of the relevant kind; and
(b)the Self-Insurers Association of South Australia Incorporated and associations representing self-managed employers; and
(c)associations representing employers (including the South Australian Employers Chamber of Commerce and Industry); and
(d)associations representing employees (including the United Trades and Labor Council).
A person who provides a service for an injured worker, knowing the worker to be entitled to compensation for the service under this section, must not charge for the service an amount exceeding the amount allowed under a scale of charges published under this section.
Maximum penalty: $1 000.

32A—Special provisions for payment of medical expenses after initial notification of injury

A worker may, by application made to the Corporation in the designated manner and the designated form, apply to the Corporation for the payment of costs within the ambit of section 32 before the determination of a claim under Division 8.
The Corporation may, in connection with an application under subsection (1), require a worker to provide information specified by the Corporation.
The Corporation may, on application under subsection (1), determine that it is reasonable to accept provisional liability for the payment of compensation under section 32 and make a payment under this section.
The maximum amount payable under this section with respect to a particular injury is $5 000 (indexed).
The acceptance of provisional liability under this section does not constitute an admission of liability under this Act or independently of this Act.
A payment under this section with respect to a particular cost discharges any liability that the Corporation may have with respect to that cost under section 32.
The Corporation may determine not to make a payment under this section despite the fact that the Corporation has previously made 1 or more payments with respect to the same injury under this section.
Subject to subsection (9), if the Corporation makes 1 or more payments under this section and it is subsequently determined that the worker was not entitled to compensation under this Act, the Corporation may, subject to and in accordance with the regulations—
(a)recover the amount or amounts paid as a debt; or
(b)set the amount off against a right to payment of compensation under this Act.
A right of recovery or set off under subsection (8) only arises if the worker has acted dishonestly in making an application or providing information for the purposes of this or any other section of this Act.
The following decisions are not reviewable:
(a)a decision to accept or not to accept liability under this section;
(b)a decision to make or not to make a payment under this section;
(c)a decision to exercise or not to exercise a right of recovery under this section.

33—Transportation for initial treatment

Where—
(a)a worker is injured at the worker's place of employment during the course of employment; and
(b)the injury is such as to require immediate medical treatment,
the employer shall, at the employer's own expense, provide the worker with immediate transportation to a hospital or medical expert for initial treatment.
If an employer fails to provide transportation in accordance with subsection (1), the cost may be recovered by the Corporation from the employer as a debt due to the Corporation.
An amount recovered by the Corporation under subsection (2) shall, if the worker incurred costs in consequence of the employer's failure to provide transportation, be paid to the worker.
If the cost of transportation provided by an employer (other than a self‑insured employer) to a worker in accordance with subsection (1) exceeds an amount prescribed by the regulations, the employer is, on application to the Corporation in a manner and form approved by the Corporation, entitled to recover the excess from the Corporation.
An amount prescribed by regulation under subsection (4) may, if the regulations so provide, be indexed so as to provide annual adjustments according to changes in the Consumer Price Index.

Division 3—Compensation for property damage
34—Compensation for property damage

Where a worker suffers a compensable injury and, in consequence of the trauma out of which the injury arose, damage occurs to any therapeutic appliances, clothes, personal effects or tools of trade of the worker, the worker is, subject to limitations prescribed by regulation, entitled to be compensated for the full amount of the damage.
An entitlement under subsection (1) does not extend to compensation for damage to a motor vehicle.
An amount prescribed by regulation under subsection (1) may, if the regulations so provide, be indexed so as to provide annual adjustments according to changes in the Consumer Price Index.

Division 4—Compensation by way of income maintenance
35—Preliminary

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.
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.
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.
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.
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.
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.
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.
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.

35A—Weekly payments over designated periods

Subject to this Act, a worker is, in respect of a particular compensable injury, entitled to weekly payments while incapacitated for work during the first entitlement period as follows:
(a)for any period when the worker has no current work capacity—the worker is entitled to weekly payments equal to the worker's notional weekly earnings;
(b)for any period when the worker has a current work capacity—the worker is entitled to weekly payments equal to the difference between the worker's notional weekly earnings and the worker's designated weekly earnings.
Subject to this Act, a worker is, in respect of a particular compensable injury, entitled to weekly payments while incapacitated for work during the second entitlement period as follows:
(a)for any period when the worker has no current work capacity—the worker is entitled to weekly payments equal to 90% of the worker's notional weekly earnings;
(b)for any period when the worker has a current work capacity—the worker is entitled to weekly payments equal to 90% of the difference between the worker's notional weekly earnings and the worker's designated weekly earnings.
Subject to this Act, a worker is, in respect of a particular compensable injury, entitled to weekly payments while incapacitated for work during the third entitlement period as follows:
(a)for any period when the worker has no current work capacity—the worker is entitled to weekly payments equal to 80% of the worker's notional weekly earnings;
(b)for any period when the worker has a current work capacity—the worker is entitled to weekly payments equal to 80% of the difference between the worker's notional weekly earnings and the worker's designated weekly earnings.
For the purposes of this section, but subject to subsection (5), the designated weekly earnings of a worker will be taken to be—
(a)the current weekly earnings of the worker in employment or self‑employment; or
(b)the weekly earnings that the Corporation determines that the worker could earn from time to time (including, but not limited to, the amount of any current weekly earnings) in employment, whether in the worker's employment previous to the relevant injury or in suitable employment, that the Corporation determines the worker is capable of performing despite the injury,
whichever is the greater, but not to include a prescribed benefit under subsection (6).

(5)Subsection (4)(b) will not apply to a worker who has a current work capacity during any period or periods during which the worker is incapacitated for work and in which either of the following circumstances apply:
(a)the employer has failed to provide the worker with suitable employment and the worker is making every reasonable effort to return to work in suitable employment;
(b)the worker is participating in a rehabilitation and return to work plan which reasonably prevents the worker from returning to employment.

The following are prescribed benefits for the purposes of subsection (4):
(a)any amount paid to the worker by the Corporation or a self‑insured employer in respect of an employment program provided or arranged by the Corporation or self‑insured employer for the purposes of this Act;
(b)any of the following received by the worker from an employer:
(i)any payment, allowance or benefit related to annual or other leave;
(ii)any payment, allowance or benefit paid or conferred by the employer on the worker's retirement;
(iii)any payment, allowance or benefit paid or conferred under a superannuation or pension scheme;
(iv)any payment, allowance or benefit paid or conferred on the retrenchment, or in relation to the redundancy, of the worker;
(c)any other payment, allowance or benefit of a prescribed kind.

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

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.

s 113(3)	amended by 17/2008 s 78(1), (2)	1.7.2008
amended by 48/2011 Sch 1	1.7.2012
s 113(4)	amended by 17/2008 s 78(3), (4)	1.7.2008
amended by 48/2011 Sch 1	1.7.2012
s 119
s 119(4)	inserted by 17/2008 s 79	1.7.2008
s 119A	inserted by 39/1988 s 41	17.10.1988
deleted by 4/1991 s 45	8.4.1991
s 120	substituted by 4/1991 s 45	8.4.1991
s 120(1)	substituted by 35/1995 s 32	25.5.1995
s 120(3)	amended by 17/2008 s 80	1.7.2008
s 121	deleted by 49/1994 s 16	1.7.1994
s 120A	inserted by 39/1988 s 42	17.10.1988
s 120A(3)	amended by 48/2011 s 15	1.7.2012
s 122
s 122(3a)	inserted by 4/1991 s 46	8.4.1991
s 122(4)	inserted by 39/1988 s 43	17.10.1988
s 122A	inserted by 4/1991 s 47	8.4.1991
substituted by 34/1996 s 4 (Sch cl 45)	3.2.1997
s 123	deleted by 49/1994 s 17	1.7.1994
s 123A	inserted by 4/1991 s 48	8.4.1991
amended by 75/1995 s 15	3.6.1996
s 123B	inserted by 17/2008 s 81	1.7.2008
s 124
s 124(1)	s 124 redesignated as s 124(1) by 39/1988 s 44	17.10.1988
s 124(2)	inserted by 39/1988 s 44	17.10.1988
s 125	omitted under Legislation Revision and Publication Act 2002	24.11.2003
Sch 1
cl 2
cl 2(1) and (2)	amended by 48/2011 Sch 1	1.7.2012
cl 2(3)	amended by 39/1988 s 45(a)	17.10.1988
amended by 48/2011 Sch 1	1.7.2012
cl 2(4)—(7)	inserted by 39/1988 s 45(b)	17.10.1988
cl 2(8)	inserted by 39/1988 s 45(b)	17.10.1988
amended by 75/1995 s 16(a) as substituted by 21/1996 s 6(a)	3.6.1996
cl 2(9) and (10)	inserted by 39/1988 s 45(b)	17.10.1988
amended by 75/1995 s 16(b) as substituted by 21/1996 s 6(a)	3.6.1996
cl 2(11)	inserted by 39/1988 s 45(b)	17.10.1988
cl 4	substituted by 97/1988 s 7	15.12.1988
cl 4(3)	amended by 41/2005 Sch 1 (cl 6(1))	15.8.2005
amended by 30/2012 Sch 6 cl 10	1.1.2013
cl 4(4)	amended by 69/1992 s 32	10.12.1992
cl 4(8)	(b) deleted by 41/2005 Sch 1 (cl 6(2))	15.8.2005
cl 5	substituted by 2/1996 s 3	14.3.1996
cll 5A—5C	inserted by 2/1996 s 3	14.3.1996
cl 5D	inserted by 43/2006 s 228	1.6.2007
cl 5E	inserted by 17/2008 s 82	1.7.2008
Sch 2	heading substituted by 44/2003 s 3(1) (Sch 1)	24.11.2003
heading amended by 48/2011 Sch 1	1.7.2012
amended by 48/2011 Sch 1	1.7.2012
Sch 2A	inserted by 91/2013 s 5	1.7.2013
Sch 3 before substitution by 17/2008	amended by 97/1992 r 3	18.6.1992
substituted by 84/1992 s 20	10.12.1992
table	amended by 212/1992 r 4	10.12.1992
amended by 35/1995 s 33	25.5.1995
cl 2	amended by 49/1994 s 18(a)	1.7.1994
cl 4	amended by 49/1994 s 18(b)	1.7.1994
Sch 3	substituted by 17/2008 s 83	1.4.2009
Sch 3A	inserted by 17/2008 s 83	1.4.2009
amended by 48/2011 Sch 1	1.7.2012
Sch 4 before deletion by 41/2005	inserted by 97/1988 s 8	15.12.1988
cl 1
cl 1(2)	amended by 1/1993 s 64	1.7.1993
amended by 49/1994 s 19(a)	1.7.1994
cl 1(2)	(b) deleted by 49/1994 s 19(a)	1.7.1994
cl 1(2a)	inserted by 49/1994 s 19(b)	1.7.1994
cl 2
cl 2(6)	amended by 84/1992 s 21(a)	3.12.1992
cl 3	inserted by 84/1992 s 21(b)	3.12.1992
Sch 4	deleted by 41/2005 Sch 1 (cl 7)	15.8.2005
inserted by 23/2006 s 11	1.1.2007

Transitional etc provisions associated with Act or amendments

Workers Rehabilitation and Compensation Act Amendment Act 1990

8—Transitional provision

The amendment effected to the principal Act by section 3 of this Act does not affect—
(a)the rights of the respondent in Supreme Court Action No. 998 of 1989; or
(b)the rights of any claimant whose claim is determined before the commencement of this Act; or
(c)the rights of any other claimant who, as at the commencement of this Act, is a party to proceedings before a Review Officer.
Where a claim for compensation made before the commencement of this Act is rejected after the commencement of this Act on account of the enactment of section 3 of this Act, the claimant is entitled to be reimbursed by the Corporation for reasonable costs reasonably incurred by the claimant in making the claim.

Workers Rehabilitation and Compensation (Miscellaneous Provisions) Amendment Act 1991

49—Transitional provision

The amendments effected by this Act to those provisions of the principal Act that relate to weekly payments of compensation apply as from the commencement of this Act to persons whose entitlements to weekly payments arose before or after the commencement of this Act.
Where a worker became entitled to weekly payments before the commencement of this Act, the Corporation or an exempt employer may assess or reassess the amount of the weekly payments as from the commencement of this Act on the basis of the provisions of the principal Act as amended by this Act.
Where such a reassessment is made, it cannot give rise to a right to repayment of any amount paid on the basis of a former assessment.

Workers Rehabilitation and Compensation (Miscellaneous) Amendment Act 1992

22—Application of amendments

Subject to this section, the amendments affecting entitlement to, or quantum of, compensation for disabilities apply in relation to—
(a)a disability occurring on or after the commencement of this Act; or
(b)a disability occurring before the commencement of this Act in relation to which—
(i)no claim for compensation had been made under the principal Act as at the commencement of this Act; or
(ii)a claim for compensation had been made under the principal Act but the claim had not been determined by the Corporation or the exempt employer.
The amendments made by section 3, 5, 6, 10 and 11 apply whether the entitlement to compensation arose before or after the commencement of this Act.
The amendments made by section 4 have no retrospective effect.
A liability at common law for non-economic loss or solatium that arose before the commencement of this Act is not extinguished, on the commencement of this Act, by the amendments to section 54 of the principal Act, but, if an action is not commenced in a court to enforce the liability before the date falling 12 months after the cause of action arose or six months after the commencement of this Act (whichever is the later), the liability is then extinguished.
The period prescribed by subsection (4) cannot be extended.

Workers Rehabilitation and Compensation (Declaration of Validity) Act 1993

2—Declaration of validity and textual authenticity

The Workers Rehabilitation and Compensation (Miscellaneous) Amendment Act 1992 (No. 84 of 1992) is declared to be, and since the date of its assent to have been, an Act of the Parliament.
The text of the Act as certified by the Clerk and the Deputy Speaker of the House of Assembly is the authentic text of the Act.

Statutes Amendment (Chief Inspector) Act 1993

65—Existing appointments
This Act does not affect the appointment of any person as an inspector before the commencement of this Act (other than as a Chief Inspector).

Workers Rehabilitation and Compensation (Review Authorities) Amendment Act 1993

16—Transitional provision

Regulation 162 of 1992 (relating to agencies and instrumentalities of the Crown) will be taken to have come into operation at 4 p.m. on 30 September 1987.
Proceedings before a Review Officer under the principal Act immediately before the commencement of this provision may, subject to such directions as the Chief Review Officer thinks fit, be continued under the principal Act as amended by this Act.
Proceedings before the Tribunal under the principal Act immediately before the commencement of this provision will, subject to such directions as the President of the Tribunal thinks fit, continue before the Tribunal as if this Act had not been enacted.
A person who was, immediately before the commencement of this provision, a Review Officer under the principal Act will, subject to this Act, continue in office as a Review Officer under the principal Act as amended by this Act without interruption of his or her continuity of service and without prejudice to existing or accruing rights in respect of employment.
A person to whom subsection (4) applies will be taken to have been appointed, as from the commencement of this provision, for the balance of any term of office that applied before the commencement of this provision, or for a period of five years, whichever is the lesser.
The Governor may, by instrument in writing, vary any condition of employment that would otherwise apply to a person under subsection (4) (and any such instrument will have effect according to its terms).
Proceedings cannot be instituted before a Review Officer after the commencement of section 3 of this Act in respect of any decision of the Corporation under section 32(4) of the principal Act before that commencement.

Workers Rehabilitation and Compensation (Administration) Amendment Act 1994

20—Application of amendments

The amendments made by this Act to the principal Act apply in relation to disabilities occurring on or after the commencement of this Act.
However—
(a)the amendments made by sections 8, 9 and 10 of this Act apply both prospectively and retrospectively; and
(b)the amendments made by section 18 apply to any claim for compensation for hearing loss made on or after 23 March 1994; and
(c)the amendment made by section 11 applies as from 24 February 1994.

Workers Rehabilitation and Compensation (Miscellaneous Provisions) Amendment Act 1995, s 34 (as amended by Workers Rehabilitation and Compensation (Miscellaneous) Amendment Act 1995, s 9)

34—Transitional provisions

This Act applies to disabilities arising from traumas occurring before the commencement of this Act (old disabilities) and disabilities arising from traumas occurring after the commencement of this Act (new disabilities) subject to the following qualifications—
(a)the amendments made by this Act do not affect—
(i)the principles on which weekly payments for a period of incapacity falling before the commencement of this Act are assessed; or
(ii)compensation for non-economic loss relating to loss or impairment of the capacity to engage in sexual intercourse if an application or request for such compensation had been made before 12 April 1995; and
(b)section 58B of the principal Act, as enacted by this Act, applies whether the worker has an old or a new disability.
A scale of charges in force under section 32 of the principal Act immediately before the commencement of section 9 of this Act remains in force until superseded by a regulation fixing a scale of charges.
Until a regulation is made for the purposes of section 67(1)(b) of the principal Act (as substituted by this Act), the claims that are to be disregarded under that paragraph are claims for secondary and unrepresentative disabilities.

Workers Rehabilitation and Compensation (Miscellaneous) Amendment Act 1995

3—Insertion of section 38A

A discontinuance or reduction of weekly payments made under the principal Act before the commencement of this section cannot be challenged on the ground that there was no antecedent review of the worker's entitlement if the discontinuance or reduction could, assuming that section 38A had then been in force, have been validly made under that section.
Subsection (2) does not affect rights of the respondent arising under the judgment of the Supreme Court in Mitsubishi Motors Australia Ltd and WorkCover v Frank Sosa (No. S5084).

Workers Rehabilitation and Compensation (Dispute Resolution) Amendment Act 1995, s 17 (as amended by Workers Rehabilitation and Compensation (Dispute Resolution) Amendment Act 1996, s 6(b))

17—Transitional provisions

A Deputy President of the Workers Compensation Appeal Tribunal appointed under the principal Act and in office immediately before the commencement of this Act continues in office subject to the principal Act as amended by this Act (the new legislation) as a Deputy President of the Workers Compensation Tribunal as if the new legislation had been in force when the appointment was made and the appointment had been made to that office under the new legislation.
The Registrar and other staff of the Workers Compensation Appeal Tribunal in office immediately before the commencement of this Act continue in office subject to the relevant conditions of appointment in corresponding positions on the staff of the Workers Compensation Tribunal.
Staff of the WorkCover Corporation of South Australia who—
(a)were employed immediately before the commencement of this Act in work related to the system of review and appeal then existing under the principal Act; and
(b)are designated by the Governor by notice in the Gazette as staff to whom this section applies,
become as from a date stated in the notice staff of the Workers Compensation Tribunal without loss of salary or status, or prejudice to existing or accruing rights in respect of employment.
The new legislation applies to reviewable decisions made under the principal Act before or after the commencement of this Act, but if proceedings were commenced before the commencement of this Act in relation to a reviewable decision—
(a)the proceedings may only be continued and completed under the principal Act as in force before the commencement of this Act; and
(b)new proceedings cannot be commenced under the new legislation in relation to the same decision.
The President may make rules, or give directions, governing practice, procedure or evidence in relation to proceedings that continue under subsection (4).
A person who was a Review Officer immediately before the commencement of this Act continues in office, subject to the person's conditions of appointment, for the remainder of the term of appointment as a member of the Tribunal's staff without prejudice to remuneration or existing or accruing rights to leave.
The President may assign a person who continues in office under subsection (7) to carry out duties as a conciliation and arbitration officer or in some other capacity on the Tribunal's staff (or as a conciliation and arbitration officer and in one or more other capacities), but the person continues as a Review Officer for the purpose of continuing and completing proceedings under subsection (4).
A person who continues as a Review Officer under this section is subject to administrative control and direction by the President.

Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996

5—Transitional provision
An Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.

Workers Rehabilitation and Compensation (Self Managed Employer Scheme) Amendment Act 1998

8—Sunset provision
On the expiration of 4 years from the commencement of this Act—
(a)the amendments made by this Act (other than by section 6) are cancelled and the text of the Acts amended by this Act is restored to the form in which that statutory text would have existed if this Act had not been passed; and
(b)section 107B of the Workers Rehabilitation and Compensation Act 1986 (as inserted by section 6 of this Act) is amended by striking out from subsection (4) ", a self managed employer or the claims manager for a group of self managed employers".

Workers Rehabilitation and Compensation (Territorial Application of Act) Amendment Act 2006, Sch 1—Transitional provisions

1—Interpretation
In this Schedule—
amendments means amendments made to the principal Act by this Act;
commencement day means the day on which this Schedule comes into operation;
principal Act means the Workers Rehabilitation and Compensation Act 1986,
and other terms used have meanings consistent with the meanings they have in the principal Act.
2—Application of amendments
The amendments do not apply in respect of a disability that occurred before the commencement day except to the extent prescribed by this Schedule.
3—Cases where disabilities occur before and after commencement of this Act

If the death of a worker results from both a disability that occurred before the commencement day and a disability that occurred on or after that day, the worker is, for the purposes of the application of the amendments to and in respect of the death of the worker, to be treated as having died as a result of the disability that occurred on or after that day.
If a period of incapacity for work resulted both from a disability that occurred before the commencement day and a disability that occurred on or after that day, the incapacity is, for the purposes of the application of the amendments to and in respect of that incapacity for work, to be treated as having resulted from a disability that occurred on or after that day.

(3)Subclauses (1) and (2) do not affect any apportionment of liability or responsibility under the principal Act in a case where 1 or more of the disabilities occurred before the commencement day and 1 or more occurred on or after that day (but any such apportionment will only apply to the extent that a disability was compensable under the principal Act before the commencement day).
4—Claims made before the commencement of this Act

If—
(a)a person suffered a disability before the commencement day; and
(b)a claim for compensation in respect of the disability (the original claim) was made under the principal Act but rejected (by notice in writing under the principal Act) on account of the operation of section 6 of the principal Act as in force at the time of the occurrence of the disability; and
(c)the original claim would have given rise to—
(i)an entitlement to compensation in the form of weekly payments under section 35 or 44 of the principal Act; or
(ii)an entitlement in the form of a funeral benefit under section 44(1)(a) of the principal Act; or
(iii)an entitlement to compensation in the form of a lump sum under section 44(1)(b)(i) of the principal Act,
had the amendments been in force at the time of the occurrence of the disability; and
(d)the disability was not (and is not) compensable under a corresponding law,
then the person who made the original claim will, on application to the Corporation made within 6 months after the commencement of this clause, be entitled to any relevant benefit under subclause (2).
A benefit under this subclause is any of the following (depending on what is relevant in the circumstances of the particular case):
(a)—
(i)if the original claim was in respect of a disability that resulted in an incapacity for work—a payment of compensation represented by weekly payments for a period not exceeding 12 months of incapacity for work, based on—
(A)the extent and duration of the incapacity for work; and
(B)the worker's notional weekly earnings at the time of the incapacity (adjusted in accordance with any provision made by the regulations); and
(C)any other factor that would otherwise apply under section 35 of the principal Act that is applied by regulations made for the purposes of this subparagraph (modified in any manner prescribed by the regulations);
(ii)if the original claim was in respect of a disability that resulted in the death of a worker—a payment of compensation represented by weekly payments for a period not exceeding 12 months for loss of support, based on—
(A)the relationship between the worker and the claimant (as would apply under section 44 of the principal Act); and
(B)the worker's notional weekly earnings at the time of death (adjusted in accordance with any provision made by the regulations); and
(C)any other factor that would otherwise apply under section 44 of the principal Act that is applied by regulations made for the purposes of this subparagraph (modified in any manner prescribed by the regulations);
(b)compensation for any costs of a kind described in section 32(2) of the principal Act incurred by a worker in consequence of having suffered a relevant disability;
(c)compensation in the form of a funeral benefit under section 44(1)(a) of the principal Act (as determined at the time of death of the worker and adjusted in accordance with any provision made by the regulations);
(d)compensation in the form of a lump sum under section 44(1)(b)(i) of the principal Act (as determined at the time of death of the worker and adjusted in accordance with any provision made by the regulations).

The Corporation may, pursuant to an agreement between the person who has an entitlement under this clause and the Corporation, make any payment with respect to that entitlement—
(a)in instalments (with each instalment being an amount fixed under the agreement); or
(b)in a lump sum (representing the total amount of the entitlement adjusted to take into account any factor prescribed by the regulations).
The Corporation may, in connection with an application under this clause, require a person seeking a payment to provide any information that the Corporation thinks fit.
The Corporation may delay making a payment on an application under this clause until any information required under subclause (4) has been provided.

5—Ex gratia payments

In addition to a preceding clause, the Corporation has an absolute discretion to make an ex gratia payment (of an amount determined by the Corporation) to a person in connection with the enactment of this Act if—
(a)—
(i)the person did not make a claim under the principal Act in respect of a disability suffered before the commencement of this Act and, if he or she has made such a claim, the claim would have been rejected on account of the operation of section 6 of the principal Act as in force at the time of the occurrence of the disability; or
(ii)the person did make a claim under the principal Act in respect of a compensable disability suffered before the commencement of this Act but the claim did not (or does not) give rise to an entitlement under the principal Act on account of the operation of section 6 of the principal Act as in force at the time of the occurrence of the disability; and
(b)the Corporation is satisfied—
(i)that the person would have had an entitlement to compensation under the principal Act had the amendments been in force at the time of the occurrence of the disability; and
(ii)that the disability was not (and is not) compensable under a corresponding law; and
(iii)that the person suffered substantial hardship on account of the disability; and
(iv)taking into account any other matter as the Corporation thinks fit, that it is appropriate in the circumstances of the particular case that an ex gratia payment be made.
A person seeking an ex gratia payment under this clause must make an application to the Corporation, in a manner and form determined by the Corporation, within the period prescribed by the regulations.
The Corporation may, in connection with an application under this clause, require a person seeking a payment to provide any information that the Corporation thinks fit.
The Corporation may delay making a determination on an application under this clause—
(a)until any period that applies under subclause (2) has expired; or
(b)until any information required under subclause (3) has been provided.
The making of a payment under this clause will not affect any entitlement that a person may have with respect to another disability under the principal Act (and will not be taken into account for the purposes of any claim under the principal Act).
The Corporation may make a payment under this clause on such conditions as the Corporation thinks fit (and a person who contravenes or fails to comply with a condition may be required to repay any amount that has been paid by the Corporation (and any such amount will be recoverable as a debt)).
A decision of the Corporation to make, or not to make, an ex gratia payment, or the amount of an ex gratia payment, under this clause is final and cannot be subject to review by a court or tribunal in any respect.

6—Related matters

Any payment under clause 4 or 5 will be taken from the Compensation Fund (and the Corporation is authorised by force of this clause to apply the relevant amount from the Compensation Fund).
The Corporation is not entitled to recover the amount of any payment made under clause 4 or 5 from a person who was the employer of the relevant worker at the time of the occurrence of the disability (including in a case where the employer was an exempt employer).
The Governor may make such regulations as are contemplated by this Schedule, or as are necessary or expedient for the purposes of this Schedule.

Workers Rehabilitation and Compensation (Scheme Review) Amendment Act 2008, Sch 1—Transitional provisions

1—Interpretation

In this Schedule—
principal Act means the Workers Rehabilitation and Compensation Act 1986;
relevant day means a day appointed by proclamation as the relevant day for the purposes of the provision in which the term is used;
self-insured employer includes an exempt employer (being the term previously used under the principal Act).
In this Schedule, terms used have meanings consistent with the meanings they have in the principal Act.

2—Average weekly earnings

Subject to subclause (2), section 4 of the principal Act, as enacted by this Act, applies to claims for compensation made on or after the relevant day (whether the entitlement to compensation arose before or on or after the relevant day).
Subsection (11) of section 4 of the principal Act, as enacted by this Act, operates both prospectively and retrospectively.

3—Provisional acceptance of liability—medical expenses
Section 32A of the principal Act, as enacted by this Act, extends to disabilities occurring before the enactment of that section.
4—Weekly payments

Sections 35 to 35C (inclusive) of the principal Act, as enacted by this Act, (in this clause referred to as the new provisions) apply in relation to workers who suffer compensable disabilities on or after the relevant day.
In addition, the new provisions extend to entitlements to weekly payments of compensation in relation to compensable disabilities occurring before the relevant day—
(a)if a worker has, before the relevant day, reached or gone past the end of the first 2 years of incapacity referred to in section 35(2) of the principal Act, as in existence immediately before the substitution of section 35 under section 15 of this Act (in this clause referred to as the old provision) (and is still in receipt of weekly payments of compensation on the relevant day); or
(b)if a worker, on or after the relevant day, reaches the end of the first 2 years of incapacity referred to in the old provision (and is still in receipt of weekly payments of compensation at the end of that 2 year period).
To avoid doubt, in the circumstances of any particular case, the new provisions replace section 35 of the principal Act, as in existence immediately before the substitution of section 35 under section 15 of this Act, if or when a worker falls within a set of circumstances described in paragraph (a) or (b) of subclause (2).

5—Discontinuance of weekly payments

Subject to subclause (2), the amendments made to section 36 of the principal Act by this Act extend to weekly payments commenced before the relevant day, or commenced on or after the relevant day, in relation to compensable disabilities occurring before the relevant day.
Subsections (4), (4a) and (5) of section 36 of the principal Act, as in existence immediately before the substitution of those subsections by section 16 of this Act, will continue to apply in relation to a decision that is the subject of a notice of dispute lodged under section 36(4) before the relevant day.

6—Adjustments due to change from original arrangements

Section 37 of the principal Act, as enacted by this Act, extends to any determination of average weekly earnings (and, if relevant, notional weekly earnings) made before or on or after the relevant day in relation to compensable disabilities occurring before the relevant day.
However, the operation of subclause (1) in relation to a determination of average weekly earnings made before the relevant day cannot apply to the disadvantage of a worker by decreasing average weekly earnings (and, if relevant, notional weekly earnings).

7—Economic adjustments to weekly payments
The amendments made to section 39 of the principal Act by this Act extend to weekly payments commenced before the relevant day, or commenced on or after the relevant day, in relation to compensable disabilities occurring before the relevant day.
8—Redemption of liabilities

Subject to subclause (2), paragraph (e) of section 42(2) of the principal Act, as enacted by this Act, applies in relation to—
(a)any relevant liability arising from a compensable disability that occurs on or after the relevant day; and
(b)any relevant liability arising from a compensable disability that occurred within the period of 3 years immediately preceding the relevant day; and
(c)on or after the expiration of 1 year from the relevant day—any relevant liability arising from a compensable disability that occurred before the 3 year period referred to in paragraph (b).
Subclause (1)(b) or (c) does not apply where, in a particular case, the Corporation or a self-insured employer has provided a notification to the worker under section 42(4) of the principal Act before the relevant day.
In this clause—
relevant liability means a liability that is capable of redemption under section 42(1) of the principal Act.

9—Loss of earning capacity—capital loss assessments
Division 4B of Part 4 of the principal Act, as in existence immediately before the relevant day, will be taken to continue to apply with respect to any case where the Corporation or a self-insured employer has made any assessment (including an interim assessment) under section 42A of the principal Act before the relevant day.
10—Lump sum compensation
Sections 43, 43A and 43B of the principal Act, as enacted by this Act, extend to any case where the Corporation or a self-insured employer (as the case requires) has not, before the relevant day, made a determination of the compensation payable in the particular case under section 43 of the principal Act, as in existence immediately before the substitution of that section under section 24 of this Act (in respect of a compensable disability occurring before the relevant day).
11—Compensation payable on death—weekly payments
The amendments made to section 44 of the principal Act by this Act apply to any claim for compensation made on or after the relevant day (whether the entitlement to compensation arose before or on or after the relevant day).
12—Compensation payable on death—lump sums
Section 45A of the principal Act, as enacted by this Act, applies to claims for a lump sum payment of compensation on account of the death of a worker made on or after the relevant day (whether the entitlement to compensation arose before or on or after the relevant day).
13—Funeral benefit
Section 45B of the principal Act, as enacted by this Act, applies to claims for a funeral benefit made on or after the relevant day (including in respect of a funeral occurring before the relevant day).
14—Counselling services
Section 45C of the principal Act, as enacted by this Act—
(a)applies to claims for compensation made under that section on or after the relevant day (whether the entitlement to compensation arose before or on or after the relevant day); and
(b)extends to claims for compensation for counselling services made to the Corporation or a self-insured employer before the relevant day under section 44 of the principal Act if the Corporation or self-insured employer determines that it is reasonable to allow the claim to be incorporated into the operation of this clause.

15—Provisional payments

Division 7A of Part 4 of the principal Act, as enacted by this Act, extends to cases involving disabilities occurring before the relevant day.
Subclause (1) does not apply in a case where the relevant worker has made a claim for compensation under Division 8 of Part 4 of the principal Act before the relevant day.

16—Medical panels
A medical question may be referred to a Medical Panel under Part 6C of the principal Act, as enacted by this Act, even if the medical question relates to a claim made or proceedings commenced before that enactment.

Workers Rehabilitation and Compensation (Scheme Review) Amendment Act 2008, Sch 2—Review

1—Review

The Minister must, as soon as practicable after 31 December 2010, appoint an independent person to carry out a review concerning—
(a)the impact of this Act on workers who have suffered compensable disabilities and been affected by the operation of this Act; and
(b)the impact of this Act on levies paid by employers under Part 5 of the principal Act; and
(c)the impact of this Act on the sufficiency of the Compensation Fund to meet the liabilities of the WorkCover Corporation of South Australia under the principal Act; and
(d)such other matters as the Minister may determine.
The person appointed by the Minister under subclause (1) must present to the Minister a report on the outcome of the review no later than 4 months following his or her appointment.
The Minister must, within 6 sitting days after receiving the report, have copies of the report laid before both Houses of Parliament.
In this clause, terms used have meanings consistent with the meanings they have in the principal Act.
In this clause—
principal Act means the Workers Rehabilitation and Compensation Act 1986.

Workers Rehabilitation and Compensation (Employer Payments) Amendment Act 2011, Sch 2 Pt 4—Transitional provisions

9—Interpretation
In this Part—
principal Act means the Workers Rehabilitation and Compensation Act 1986.
10—General saving provision
The amendments made to the principal Act by this Act do not apply in relation to the imposition or recovery of levy under the principal Act with respect to the 2011/2012 financial year (or any preceding financial year) (and the principal Act will continue to apply in relation to any such levy as if this Act had not been enacted).
11—Provision of information and ability to apply alternative arrangements

The Corporation may, in connection with the commencement and implementation of this Act (and before 1 July 2012)—
(a)require employers to furnish (in a designated manner and form) information to the Corporation about any matter that the Corporation considers necessary in the circumstances; and
(b)allow employers to apply to be considered as being appropriate employers for the purposes of section 71(6)(d) of the principal Act as enacted by this Act.
The Corporation may require that any information provided under subclause (1) be verified by statutory declaration.
Information required under subclause (1) must be provided to the Corporation within a period determined by the Corporation.
Maximum penalty: $5 000.
A requirement under this clause may be imposed by notice to a particular employer or by notice in the Gazette.

Workers Rehabilitation and Compensation (Firefighters) Amendment Act 2013, Sch 1—Review of amendments

1—Review

The Minister must, as soon as possible following the fifth anniversary of the commencement of this clause, appoint an independent person to carry out a review concerning the operation and impact of the amendments made by this Act.
The person appointed by the Minister under subclause (1) must present to the Minister a report on the outcome of the review no later than 4 months following his or her appointment.
The Minister must, within 6 sitting days after receiving the report, have copies of the report laid before both Houses of Parliament.
In this clause—
Minister means the Minister to whom the administration of the Workers Rehabilitation and Compensation Act 1986 is committed.

Historical versions

Reprint No 1—15.1.1992

Reprint No 2—18.6.1992

Reprint No 3—10.12.1992

Reprint No 4—3.5.1993

Reprint No 5—20.5.1993

Reprint No 6—1.7.1993

Reprint No 7—24.2.1994

Reprint No 8—1.7.1994

Reprint No 9—3.12.1994

Reprint No 10—25.5.1995

Reprint No 11—17.8.1995

Reprint No 12—14.12.1995

Reprint No 13—25.1.1996

Reprint No 14—14.3.1996

Reprint No 15—1.4.1996

Reprint No 16—3.6.1996

Reprint No 17—27.6.1996

Reprint No 18—3.2.1997

Reprint No 19—13.4.2000

Reprint No 20—14.12.2001

Reprint No 21—13.1.2002

Reprint No 22—24.11.2003

13.4.2004

15.8.2004

4.9.2006

1.1.2007

1.6.2007

13.9.2007 (electronic only)

1.7.2008

2.10.2008

1.1.2009

1.4.2009

1.7.2009

15.10.2009

1.1.2010

1.2.2010

1.7.2012

1.1.2013