Workers Rehabilitation and Compensation (Claims and Registration) Regulations 1987 (SA)
(Reprint No. 1)
SOUTH AUSTRALIA
WORKERS REHABILITATION AND COMPENSATION (CLAIMS AND REGISTRATION) REGULATIONS, 1987
These regulations are reprinted pursuant to the Subordinate Legislation Act 1978 and incorporate all amendments in force as at 8 February 1995.
lt should be noted that the regulations were not revised (for obsolete references, etc.) prior to the
publication of this reprint.
(Reprint No. 1) ii Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
SUMMARY OF PROVISIONS
Citation reg. 1
reg. 2
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reg. 3
reg. 4
reg. 4a
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reg.
reg. 6
reg. 7
reg. 7a
reg. 8
Terms and Conditions Applicable to Exempt Employers
reg. 9
reg. 10
reg. 11
reg. 12 |
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reg. 13
reg. 14
reg. 15
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reg. 16
SCHEDULES
APPENDIX
LEGISLATIVE illSTORY
REHABILITATION AND COMPENSATION ACT, 1986
WORKERS REHABILITATION AND COMPENSATION (CLAIMS AND REGISTRATION) REGULATIONS, 1987
being
No. 179 of 1987:
as varied by
No. 271 of 1987:
Gaz. 12 November 1987, p. 15982 No. 216 of 1988:
Gaz. 6 October 1988, p. 12493 No. 168 of 1989:
Gaz. 31 August 1989, p. 7614 No. 68 of 1990:
Gaz. 24 May 1990, p. 14385 No. 230 of 1990:
Gaz. 29 November 1990, p. 1641No. 263 of 1990:
Gaz. 20 December 1990, p. 1915No. 2 of 1991:
Gaz. 17 January 1991, p. 191No. 46 of 1991:
Gaz. 24 April 1991, p. 1390No. 85 of 1991:
Gaz. 27 June 1991, p. 2064No. 158 of 1991:
Gaz. 11 July 1991, p. 249No. 159 of 1991:
Gaz. 11 July 1991, p. 250No. 232 of 1991:
Gaz. 14 November 1991, p. 1292No. 32 of 1992:
Gaz. 26 March 1992, p. 930'No. 125 of 1992:
Gaz. 25 June 1992, p. 19787 No. 126 of 1992:
Gaz. 25 June 1992, p. 1980'No. 162 of 1992:
Gaz. 16 July 1992, p. 625No. 193 of 1992:
Gaz. I October 1992, p. 12649 No. 146 of 1993:
Gaz. 24 June 1993, p. 211210 No. 177 of 1993:
Gaz. 22 July 1993, p. 64511 No. 253 of 1993:
Gaz. 4 November 1993, p. 219512 No. 31 of 1994:
Gaz. 26 May 1994, p. 130113 No. 106 of 1994:
Gaz. 30 June 1994, p. 195514 No. 112 of 1994:
Gaz. 7 July 1994, p. 3715 No. 116 of 1994:
Gaz. 14 July 1994, p. 10216
NOTE: |
Asterisks indicate repeal or deletion of text.
Appendix in bold type indicate rhe amendments inc01porated since the last reprint.
(ReprinJ No. 1) 2 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
Came into operation at 4 p.m. on 30 September 1987: reg. 2.
2 Came into operation (except regs. 4 and 5) 12 November 1987: reg. 2(1); regs. 4 and
5 came into operation 23 November 1987: reg. 2(2).3 Came into operation 17 October 1988: reg. 2.
4 Came into operation 18 September 1989: reg. 2.
5 Came into operation 1 June 1990: reg. 2 .
• | Came into operation 1 April 1992: reg. 2. | ||
7 |
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8 Came into operation 1 July 1992: reg. 2.
9 Came into operation 1 October 1992: reg. 2.10 Came into operation 1 July 1993: reg. 2.
II Came into operation 1 July 1993: reg. 2.
12 Came into operation 4 November 1993: reg. 2.
13 Came into operation 26 September 1994: reg. 2.
14 Came into operation 1 July 1994: reg. 2.
15 16 Came into operation 7 July 1994: reg. 2.
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Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 | 3 |
1. These regulations may be cited as the
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987.
2. These regulations will come into operation at 4 p.m. on 30 September, 1987.
3. In these regulations-
"the Act" means the
Workers Rehabilitation and Compensation Act, 1986;
"award" means-
an award or order of the Industrial Commission; | |
an award of a conciliation committee; | |
or | |
an award or order of the Austral ian Industrial Relations Commission; |
"building work" has the same meaning as in
Builders Licensing Act, 1986; "cleaning work" means the work of cleaning any building or a part of a building (including
the windows of the building and the surrounds of the building);
"commercial motor vehicle" means a motor vehicle constructed or adapted solely or mainly for the carriage of goods or materials (including money) by road, including a prime mover, truck, panel van, utility and station wagon, but not including a motor cycle;
"industrial agreement" means-
an industrial agreement within the meaning of the |
or |
a certified agreement within the meaning of the |
"outworker" means an outworker as defined in the
Industrial Conciliation and Arbitration
Act, 1972; "prime bank rate", for a particular financial year, means the rate (expressed as a percentage per annum) fixed by the State Bank of South Australia at the commencement of that financial year as its indicator lending rate;
"wall or floor tiling" means any work performed within the wall and floor tiling trade, as
prescribed under the
Builders Licensing Act 1986.
(Reprint No. 1) 4 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
4. (l) For the purposes of the definition of "contract of service" in section 3(1) of the Act (but subject to this regulation), the following classes of work under a contract, arrangement or understanding are prescribed classes of work:
building work, other than wall or floor tiling; |
cleaning work; | |
driving a motor vehicle used for the purposes of transporting goods or materials (whether or not the vehicle is registered in the driver's name) where the driver is paid under the Local Government Employees Award or the Adelaide City Corporation Award; |
driving a taxi-cab or similar motor vehicle used for the purpose of transporting members | \ | |
of the public where the driver does not hold or lease a licence issued in relation to the vehicle; |
(cb) driving or riding for fee or reward a vehicle, other than a commercial motor vehicle, for the purpose of transporting by road goods or materials (including money) where the driver or rider does not simultaneously own or operate more than one vehicle for work purposes;
performing as a singer, dancer, musician, ventriloquist, acrobat, juggler, comedian or other entertainer at a hotel, discotheque, restaurant, dance hall, club, reception house or other similar venue, but excluding work as an actor, model or mannequin, or as any other type of entertainer, in performing as part of a circus, concert recital, opera, operetta, mime, play or other similar performance, |
where-
the work is performed by one person to the contract, arrangement or understanding (the worker) in the course of or for the purposes of a trade or business carried on by another person to the contract, arrangement or understanding (the employer); | |
the work is performed personally by the worker (whether or not the worker supplies any tools, plant or equipment); |
the worker does not employ any other person to carry out any part of the work; |
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(i) | in the case of building work- |
the value of any materials supplied, or reasonably expected to be
supplied, by the worker does not exceed-
4 per cent of the total amount payable, or reasonably expected to be
payable, under or pursuant to the contract, arrangement or
understanding; | ( |
or
$50,
whichever is the greater;
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 |
and
the value of any one tool, or any single item of plant or equipment, owned or leased by the worker for work purposes (whether or not it is used in the performance of the particular work) does not exceed-
in 1991-$10 000;
in a subsequent year-an amount (calculated to the nearest multiple of
$100) that bears to $10 000 the same proportion as the Consumer Price Index for the September quarter of the immediately preceding year bears to the Consumer Price Index for the September quarter, 1990;
(ia) | in the case of cleaning work (other than window cleaning)-the value of any materials supplied, or reasonably expected to be supplied, by the worker does not exceed- |
if the term of the contract, arrangement or understanding is not more than
one month-$50;
if the term of the contract, arrangement or understanding is more than one
month-an average of $50 per month;
(ib) | in the case of window cleaning-the value of any materials supplied, or |
reasonably expected to be supplied, by the worker does not exceed- |
if the term of the contract, arrangement or understanding is not more than
one month-$25;
if the term of the contract, arrangement or understanding is more than one
month-an average of $25 per month;
(ii) in any other case-the value of any materials supplied, or reasonably expected to
be supplied, by the worker does not exceed $50;
and
(i) in the case of work referred toin paragraph(cb)-the goods or materials are not owned (and have not been previously owned) by the driver or rider (as the case may be), or by the employer.(laa) For the purposes of subregulation (I )(h)(i)-
the value of any tool, plant or equipment owned or leased by a worker is the price that, at the time that the worker enters into the relevant contract, arrangement or understanding, the worker would reasonably be expected to pay if the worker were to purchase an equivalent, unused, tool or item of plant or equipment; | |
and | |
a vehicle will not be taken to be used for work purposes if its sole or principal use is to transport the worker, and any tools, plant or equipment, to any work site. |
(Reprint No. 1) 6 Workers Rehabilitation and Compensation {Claims and Registration) Regulations, 1987 (1a) Where-
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and |
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the licensed gas fitter supplies materials for the purposes of that work, |
that work is not included in the classes of work prescribed by subregulation (1).
(1b) Subject to subregulation (lba), the work of a minister, priest or other member of a religious order is a prescribed class of work for the purposes of the definition of • contract of service" in section 3(1) of the Act.
(1ba) Pursuant to section 3(7) of the Act, the following persons are excluded from the application of the Act: | \ |
a minister ministering within The Anglican Church of Australia in South Australia; | |
a priest or other member of a religious order ministering within the Catholic Church of South Australia; | |
a pastor ministering within the Lutheran Church of Australia South Australia District Inc.; | |
or | |
an ordained minister, deaconess or lay pastor of The Uniting Church in Australia ministering in South Australia in an approved placement under the "Classification of Ministers" of that Church. |
(lc) Where-
a person performs work as an outworker; | ||
and | ||
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that work is prescribed work for the purposes of the definition of • contract of service" in
section 3(1) of the Act.
(1d) The work of a Review Officer appointed under the Act is prescribed work for the purposes of the definition of "contract of service" in section 3(1) of the Act (and, for the purposes of the application of the Act to such a Review Officer as a worker, the Crown will be taken to be his or her employer).
(2) For the purposes of the definition of "local government corporation" in section 3(1) of the Act, all controlling authorities constituted under the
Local Government Act, 1934, are prescribed as being within this definition.
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, | 7 |
(2a) For the purposes of the definition of "prescribed allowance" in section 3(1) of the Act, any contribution to a superannuation scheme paid or payable by an employer on behalf of or for the benefit of a worker is prescribed as being within this definition.
(3) For the purposes of section 3(6) of the Act, a prescribed circumstance is where a person
(the principal) contracts with another person (the contractor) who is not registered as an employer
under the Act.
(4) Pursuant to section 3(7) of the Act, but subject to subregulation (5), a worker who is employed by an employer to participate as a contestant in a sporting or athletic activity (and to engage in training or preparation with a view to such participation, and other associated activities) is, in relation to that employment, excluded from the application of the Act.
(5) Subregulation (4) does not apply to-
a person authorized or permitted under the | |
or | |
a boxer or wrestler employed or engaged for a fee to take part in a boxing or wrestling match. |
(6) A person ("the driver") who is employed or engaged by another ("the principal") to transport goods or materials (including money) by motor vehicle in the course of or for the purposes of a trade or business carried on by the principal is excluded from the application of this Act if-
the motor vehicle is a commercial motor vehicle; | |
the motor vehicle is owned, leased or hired by the driver; | |
the motor vehicle is not owned by, leased from or hired out by, or otherwise supplied |
by (directly or indirectly)-
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or |
(ii) a third person whois related to the principal;
and
the goods or materials are not owned (and have not been previously owned) by the driver or by the principal. |
(7) For the purposes of subregulation (6), a principal and another person will be taken to be
related if-
they are employer and employee; | |
or | |
the other person is accustomed or under an obligation (whether formal or informal) to control the use of the relevant motor vehicle in accordance with the directions or determinations of the principal. |
(Reprint No. 1) 8 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
(8) Pursuant to section 3(7) of the Act, a person to whom the
Seafarers Rehabilitation and
Compensation Act 1992 of the Commonwealth applies is excluded from the application of the Act.
4a. Pursuant to section 31(2) of the Act, the operation of section 31(1) of the Act is extended to the following disability and type of work: | ( |
Description of Disability | Type of work |
Mesothelioma. .. .. .. .. .. .. .. .. .. . | Any work involving exposure to inhalation of |
5. (1) For the purposes of section recognized medical expert that must support a claim for compensation is the form set out in the first schedule completed in accordance with the instructions contained in that schedule. | ( |
(2) For the purposes of section the Corporation with a copy of a claim for compensation must be in the form set out in the second schedule- |
completed in accordance with the instructions contained in that schedule; | |
and | |
containing the information required by that schedule. |
6. (1) Where-
a person (the employer) employs one or more persons (the workers) under a contract of service or contracts of service; | |
the workers are not employed for the purposes of a trade or business carried on by the employer; |
and |
the total remuneration payable by the employer to the workers does not exceed- | ||||
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bears to $6 600 the same proportion as the Consumer Price Index for the September quarter of the immediately preceding year bears to the Consumer Price Index for the September quarter, 1990, |
the employer is not, in respect of those workers, required to be registered under section 59 of the Act (and the remuneration paid to those workers need not be included in any return furnished to the Corporation under section 69 of the Act).
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 9 (2) The employers who are not required to be registered under section 59 of the Act by virtue of subregulation (!) are, in respect of the workers referred to in subregulation (!), a prescribed class of employers exempt from the operation of section 46(3) of the Act.
7. For the purposes of section 60(2) of the Act, the prescribed number of workers to be employed by an individual employer or a group of employers making an application for registration as an exempt employer or group of exempt employers is 200.
7a. (1) Pursuant to section 61(4) of the Act, the bodies listed in the sixth schedule are prescribed for the purposes of the definition of "agency or instrumentality of the Crown" under section 61 of the Act.
(2) Forwood Products Pty Ltd is prescribed for the purposes of the definition of "agency or instrumentality of the Crown" under section 61 of the Act.
(3) Subregu1ation (2) will cease to have effect on 31 March 1995.
(4) Bank of South Australia Limited is prescribed for the purposes of the definition of "agency or instrumentality of the Crown" under section 61 of the Act.
(5) Subregulation (4) will cease to have effect on 30 June 1996.
8. For the purposes of section 62 of the Act-
an application for registration as an employer, exempt employer or group of exempt employers; | |
an application to amend any registration details; | |
or | |
an application to provide additional location details to the Corporation, |
must be in a form set out in the third schedule- |
completed in accordance with the instructions contained in that schedule; | |
and | |
containing, or accompanied by, the information required by that schedule. |
9. The registration of an employer as an exempt employer (or as one of a group of exempt employers) is subject to the terms and conditions prescribed in the fourth schedule.
(Reprint No. 1) 10 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
10. (I) For the purposes of section 69(1) of the Act, where a return is the first" return furnished to the Corporation after the end of a financial year, the employer must, in relation to each class of industry in which the employer employs workers, includes the following information-
(
the aggregate remuneration paid to the employer's workers in that industry during that financial year; | |
(b) | an estimate of the aggregate remuneration that the employer expects to pay to the employer's workers in that industry during the ensuing financial year. |
* * * * * * * * * *
(2) For the purposes of section 69(3) of the Act, if the Corporation requires that a person with accounting qualifications verify the information contained in a return, that person must be- | ( |
a registered company auditor; | |
a member of The Institute of Chartered Accountants in Australia; | |
or | |
a member of the Australian Society of Accountants. |
11. For the purposes of section 71(1) of the Act, the rate of penalty interest on an amount in
arrears is 20% per annum.
Insurance for Employers Against Liabilities apart from the Act 12. For the purposes of section 105 of the Act, the terms and conditions to the insurance provided under that section to employers by the Corporation are set out in the fifth schedule.
13. (1) For the purposes of clause 2(4) of the first schedule to the Act, the rate of interest will be the prime bank rate for the financial year in which the employer receives notification of a |
payment under that clause. | ( |
(2) For the purposes of clause 2(11) of the first schedule to the Act, the rate of interest will be tbe prime bank rate for the financial year in which the amount in respect of which interest is payable is paid to the Corporation. |
14. (1) In this regulation- | \ |
"volunteer fire-tighter" means- |
a member of the C.F.S.; | |
a fire control officer under the |
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 11
or
a person who, at the request or with the approval of a person who is apparently in command pursuant to the |
who receives no remuneration in respect of his or her service in that capacity.
(2) For the purposes of section 103a of the Act-
volunteer tire-fighters are prescribed as a class of persons under that section; | ||
and | ||
the following activities are prescribed as a class of work: | ||
|
preventing, controlling or extinguishing a fire;
dealing with any other emergency that requires the C.F.S. to act to
protect life or property;
(ii) attendingin response to a call for assistance by the C.F.S.;
(iii) attending a C.F.S. meeting, competition, training exercise or other organized activity;
(iv) carrying out any other function or duty under the
Country Fires Act, 1989.
15. Pursuant to section 66(13) of the Act, the prescribed minimum levy is $50.
16. (1) Pursuant to section 122a of the Act, the following amounts are fixed as expiation fees
in respect of offences against the following sections:
SECTION | EXPIATION FEE |
Section 59-Failing to register as an employer | ||
within the time allowed under that section | ||
or | ||
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Section 69(5) in respect of the offence of failing | $100 indexed | |
(Reprint No. 1) 12 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
(2) For the purposes of this regulation, a fee under subregulation (1) that is expressed to be indexed will be adjusted on an annual basis so that the fee payable in respect of an offence committed on or after 1 January 1992 will be an amount (calculated to the nearest multiple of $10) that bears to the relevant fee prescribed by subregulation (1) the same proportion as the Consumer Price Index for the September quarter of the immediately preceding year bears to the Consumer Price Index for the September quarter, 1990.
(3) In this regulation- | ( |
"Annual Declaration" means a return containing the information required by regulation 10 that must be furnished by an employer to the Corporation after the end of each financial year; | |
"remuneration" has the same meaning as under Division IV of Part V of the Act (but does not include remuneration paid to any worker in respect of whom an employer is not required to be registered under section 59 of the Act). | |
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SCHEDULES
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 13
FIRST SCHEDULE
Workers Compensation | WorkCover·s copy |
123456789 |
I M | ........... |
1 Worker's full name
2 Wori<Cover Number
3 Employer's name
4 Date of lnj~ (approx. if not known)
5 Date of 111Cl1111ination
6 Inmy op1"nion 1he worker wasfiS Sullering 11om
whicl11he worker claims was caused by (and whicl1 appears to be consiStent) |
7 is 1he cisability an exacerbation,
aggravation, deterioration or recur- | Date of prSYious disability |
rence of a prSYious disability? | vesO | I | I | I |
Date of next review |
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Name of doctor | |
Doctor's signature | Oualifiealions |
2·55
I ~==s | Date | Provider number (optional) |
(Reprint No. 1) SCHEDULES
14 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
SECOND SCHEDULE
POSTAL ADDRESS: G.P.O. BOX 2668. ADELAIDE 5001
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TELEPHONE: (08) 233 2222
WORKCOVD |
TELEX: AA82418 •FAX: 212 31176
EMPLOYER REPORT FORM | \ |
EMPLOYER DETAILS | INJURY DETAILS |
Name of Employer (name as per Registration) | When did the injury occur?- | 0 |
Vehicle accident white working? | While working?D |
Travelling to or from place 0
I | During a break? 0 | of employment'? |
Name at Location where worker employed (as per registration) | Place where injury occurred (refer notes on front page) |
(
Employer Reg. No. | Relevant Location No. | Date of Injury | Time | Date notice given | Time |
I I | II | II | II | I |
Employer Ref. No. (if app.) | Telephone No. | Names of witnesses (if any) |
I I I I I I I I I I I I | Relevant Location address |
How did the injury occur and what was the worker doing at the time? (e.g. slipped while walking down stairs.)
I | Post Code | I |
Postal Address (if different from above)
I | Post Code | I | Describe the worker's injury or condition (e.g. laceration. dermatitis.) |
Person to contact regarding this claim | |||
Position of contact person | Which pans of the body were affected? (e.g. upper arm. ankle.) |
WORKER'S EMPLOYMENT PARTICULARS
Full name of injured worker
Date worker | Has Worker |
ceased work | Time | resumed work? |
I I | I | No 0 |
Sex | Date of Birth | If Yes |
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Full or part·time | Pennanent or casual | I | I I | / am/pm |
I I | I |
Occupation (eg. cook. builder's labourer) | OTHER DETAILS | |
GIVE DETAILS OF OTHER CIRCUMSTANCES WHICH WOULD ASSIST | ||
Main tasks (refer to notes on front page) | WORKCOVER TO ASSESS THE CLAIM | |
|
In my opinion
Normal hours per week | Days worked per week |
I L
Rostered days off | Date started with you |
I I | I |
If worker is not an employee. explain relationship
-
ScHEDULES
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 15
COMPENSATION PAYMENT CALCULATION
(Refer to notes on front page)
Average weekly earnings | $ ................................ |
LESS Prescribed allowances (if any) | .................................. |
PLEASE NOTE:
Notional weekly earnings | $ |
-
State/Federal Award 0 | Apprentice 0 | (1) The Top Copy of the completed form |
It is expected that employers will make weekly
compensation payments to the worker in accordance with | should be forwarded to the |
advice from WorkCover and will then be reimbursed by | WorkCover Claims Agency within 5 |
WorkCover. In special circumstances WorkCover will make | |
weekly compensation payments direct to the worker. If you | business days after the receipt of a |
request that alternative, state reason: | compensation claim from the WORKER, together with the pink copy of the claim form. |
The penalty for failure to comply with | |
this requirement is a fine of $1000. | |
If making payments direct to the worker DO NOT complete | Please ensure the employer |
taxation detail. | declaration section has been |
TAXATION DETAIL | completed. |
Has the worker completed a Taxation "Dependents Declaration"? Yes/No |
I | I | (2) The Second Copy of the completed |
If yes. what is the total concessional rebate claimed? | form may be retained by the |
Does the worker receive a Zone Allowance? | I | employer for record purposes. |
Yes/No I | lu | I |
Has the worker claimed a Medicare rate variation? Yes/No | (3) Any Compensation Claim presented by a worker must be supported by a |
I | WorkCover Medical Certificate issued by a recognised medical expert, |
"FIRST WEEK" PAYMENTS
Have you previously made any weekly compensation | (generally a legally qualified medical |
payments to the worker concerned during the current | practitioner). |
calendar year? Yes/No | The Medical Certificate must be |
I | I | forwarded with the Employer Report |
If yes. please give details of the amount and datels
and Worker Compensation Claim |
Forms. |
(4) For any assistance or additional
information please contact the Claims
EMPLOYER DECLARATION | Enquiries Officer on (08) 233 2222. Country calls (toll-free) (008) 18 8000. |
'·I | |
the undersigned, declare that the details abOve are true and correct in every particular. |
Signature of Employer
Date | (or authorised person) |
I I | I |
50-187~29--1
6/fP
(Reprint No. I) SCHEDULES
16 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
THIRD SCHEDULE
PART I
~
WorkCover |
Corpomtion
Use this form to Rgislor as a new employer with both WodCover | Seud the compleled form to WodCover Corporatioo. | ( |
and the Occupalional Health. Safe<y and Welfare Commission. | The address is shown at the end of this form. |
If | there is more thao one location wllere people are emplayed, |
you will also baveto fill -an | 'Additional Loc:ati011 Delails' | Please answer in BLOCK LETTERS. using a pen. |
If you bave an existing regismuion and you want to Rgislor a | It is important to give all the delails asked for. otherwise we may | |
new location where you "'''Ploy people, you should use the | bave to eontact you larer. This could delay your togistratioo. | |
form 'Additional Loc:ation Details'. | ||
To change the members of a partner.;hlp, change other delails of | If you need inore space to answer questions. | |
an existing regismuion. or c:ancel your regismuion or a location. | ||
you should use the form 'Employer Regismuion Amendment'. | ||
| ||
All the above fonns are available at any Post Office | If you need help to fill in this form. ring (08) 233 2Z22; | |
in Soulh Austtalia- | country callers ring 008 188 000. |
1. FaD aam<(s) of tbe emplayer The employer is usually a sole-ttader, a partnerShip. an
associatesbip, a company.a ...-.or an associnlioo.
For a partnerShip or associareship,list the run names of all
the panners or associates.
The emplayer's name is not necessarily the same as the lr.lding name. For example, in the case of Joba Peler Smith lr.lding as ABC Relail. ABC Relail is the lr.lding name. bot
John Pettr Smith is the employer.
2. lftbeemployerisacompaay: | I |
• List tbe run ........ oftbe directors | - |
If | l1lOJe spac:e is required. auacb a separate list. 1--------------------j |
• Give tbe Australiao Compuy Number | :========l:;----_______.1 |
3. TradiDgiWIH!
This is also known as an opm.ting or business name. 4. S.A. CorporateAll'alrs Busiaess Number
|
5. Mailiug details
Give the name and address to which you
|
6. Coutactpersuu
Give de1ails of the pers011 we should | Name | IM |
Position |
about your REGISTRATION or | Telephone | ~(~STD~ __ | L,_ | ______ | Ex;::=lmiSl='on::._ __ | ____j |
your LEVY PAYMENTS. |
Fu nuotber (STD | I |
7. | Address where tbe employer's busiaess records | |
ean be eltllllliMd | ||
name and address, or a fann location | Postcode |
(not a post office box number). | Telephone | (STD | ) | Extension |
Funumber | (STD | ) | I |
Coatinued ou tbe aext page
Employer Registration Pagel
ScHEDULES
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 17
8. Is the employer appointed as a Trustee to operate the business?
No 0
Yes D
Name of trust '------------------------__J
9.. | Tic:k one boX to show | Is the company owned by a holding company? |
the type of employer: | - |
Sole-trader (one person) D | No 0 |
" | Ofi"K't use |
Partnership or associateship | Yes | 0 | i | I |
(more than one person or D | • Name of holding company |
organisation) | "' |
-
- | I |
Public company D | " | • Australian Company Number I |
1-
Private company | D |
.. _ | • Contact person | ||
• Position | |||
| |||
| |||
|
(e.g. Pty Lid. Ptoprietary)
Association. charitable 0 | or other organisation | • | Type of organisation | Co-operative o~ Incorporated association Ocw. Unincorporated association Om |
Other 0 | Describe | '---------·=-·~Jt!:j |
10. | Are any of the people, companies or | WorkCover |
trustees mentioned in Questions I and | Employer Number |
PRESENTI.. Y registered as an employer with Work.Cover? |
No 0
Yes D
Give details
11. | Have any of the people. companies or | WorkCover |
trustees meotioned in Questions I and l | ||
PREVIOUSLY been registered as an | ||
employer with Work.Cover? |
No 0
Yes D |
12.. | At how many locations are workers employed? | ||
Each centre where an employer controls | |||
| |||
| |||
|
Employer Registration Page 2
(Reprint No. 1) SCHEDULES
18 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
MAIN LOCATION DETAILS (For additionalloc:ations. use 'Additional Loc:ation Delails' forms.)
1. Add,....of main localloaPlease give the full address (not a poat office box).
|
For workers working on various sites or locations.
|
2. TradingllliJIIe used by tbe employer at Ibis localloa
3. S.A.Corporate All'alrs Business Number
for Ibis trading llliJIIe
(
4. Contact penon
Give details of the person we
| ||||
5. |
|
questions about THIS LOCATION.
-
• Business/employer name
Pun:hascd existing 0
loc:atioDJbosine | L |
"' |
I | I |
"' | r-- | • Their WorkCover Employer Number(s) | |
|
MergerOuoo
- | • Loc:ation Number(s) |
I | II | j |
business/location
6. | Has Ibis locaoon been granted exempUon from payment of tbe Ocenpalional Healtb Safety and Welfare R.gislraliou Fee by tbe SA llepartmeDI |
of Labour? | • |
7. What istbe business or industry carried out alibis lo<atiou?
8. |
Describe tbe dllrereDt types of work carried out at Ibis If you need more space. attach a sheet.
9. Wbatis tbe ONE MAIN TYPE of goods produced or ..me. provided by your business at Ibis io<aUon?
Continued on tbe next page
Employer Registration Page 3
SCHEDULES
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 19
10. Give details of the NUMBER of workerswho wUl be or .,.. employed In eacb occupation at this location
|
Full-time (35 brs or more a week) | Part-time (less 1han 35 brs a week) |
Includes permanent. | Includes permanent. |
casual and seasonal | casual and seasonal |
Occupation
Male | Female | Male | Female |
Totals
11. | Do yoo employ any workers who mainly (or |
wUl mainly) work ootside or South Australia? | |
they work. |
12. | Wben didlwlll you start employing at this location? | LI | _,I __ | '-.I _ | _.J |
13. | Estimate the total gross wagt!S, heoerrts and other payments which wUl be paid to workers at this | ||||
location: | |||||
This includes employer's superanouation |
To June this financial year~~$=========~ |
allowances and benefits. | For a fulll2 monlhs L$'----------_.J |
14. Declaration
Before signing this declaration. please make sure | |||
| |||
false or misleading infonnalion. | public officer or authorised person | ||
Please remember to attach any | |||
"Additional Location Details" forms. |
make swe they are signed and dated. | Full name of the person who signed this declaration |
advice (08) 233 =: COWltty employers ring | 008188000. |
lS. Man your registration form to: | WORK | COVER |
GPOBOX2668
ADELAIDE SA 5001
Employer Number | SAWJCcode |
Office use only | I |
Employer Registration Page 4
(Reprint No. 1) SCHEDULES
20 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
~
WorkCover | 1~ -.1 | 1) |
Corporation | EMPLOYER REGISTRATION AMENDMENT | |
| ||
| ||
• Cancellation of location(s), or • Cancellation of entire registration | ||
| ||
If you have purthased or established an additional location which you have not previously registen:d. you should use the form 'Additional Location Details'. | ||
Amendments will only be accepted if the declaration at the end of this form is signed by the | ||
employer. a public officer or an authorised person. | ||
| ||
form. Please answer in BLOCK LETI'ERS. If you need more space to answer questions. auac:h a sheet giving the required details. If you need help 1o fill in this fonn. ring (08) 233 2222; countty eallers ring 008 188 000 |
1. Registered employer IUIIJ1e
(as shown on your Work.Cover Certificate)
2. Employer number
3. Ifyou wish to CHANGE DETAILS of
your registration, such as:
| ||||
• Employer name and/or type of employer | ||||
• Business/trading name | ||||
| ||||
| ||||
| ||||
• Business records address | ||||
| ||||
registered location to a new location | ||||
• Number of workers | ||||
• Revised estimate of totai gross wages | ||||
| ||||
| ||||
cancel your entire registration | ||||
|
Employer Registration Amendment Page 1
SCHEDULES
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 21
Part A - | Change of details | . |
4. | What is the DATE OF EFFECT for the | Now complete only those questions (5to 14) |
clumge(s) you wish to tell us about? | in Pan A for which your details have changed. |
5. Change of type of busmess
| |||
|
6. Change of employer name. type of employer. d1rector or company number
| ||||||
.. If you have also changed your trading name, remember to complete Question 7 also. | ||||||
| ||||||
|
-
Sole Trader | D |
Public company | New employer name (in full) |
Private company (e.g. | D | |
Pty Ltd, Proprietary) |
|
Association, cbaritable | - |
or other organisation: |
Co-operative 0 |
Incorporated assoc. D | 06 0 |
Unincorporated assoc. 0 | Incoming panners/directors (fuJI names) |
Other | D~ | - |
Partnership | D | Outgoing partners/directors (full names) |
Directors |
Australian Compaoy Number | []------- New number |
7. New busmess trad1ng name
Location No.:=======::!.__ | 1 | ___ ·----------, |
New business/lrading name 1------------------------j
New State Corporate Affairs Business Number ._ ______ | __,I |
8. New ma1hng details
Give the new name and address to which you
| ||
1719103 |
Employer Registration Amendment Page 2
(Reprint No. 1) SCHEDULES
22 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
9. New contnc!person
Po&::::~ f~-STD-···_····-·-------------------------Ex--~--i-oo--------~ | F.unwn~ L.<~STD~----~~------------~ | ( | ' |
• | Is this the new contact person for any questions | |||
| ||||
| ||||
|
we may have about a location?
10. New holdrngcompany
N~~============,-r=====T==========;
Austtalian Company Nurn~ | I | ...... I | ( |
11. Newbusmess records address
1bis must be a sueet address. an
accountant's name and address.
| |||||
|
Fax number | (STD |
12. Movrngbusmess from a currently reg1stered locatiOn to a new location
Location | number | I ~=====--------------~ |
New location address~ | I---------------------------P-ost_code | _______ | --l |
13. Changeto number of workers
Location nwn~ '--------------'
Full-time
Total number of worlten presently employed ~ Male | ~ Female I | ~ |
14. | Rev1sed est1mate of total gross wages | ( |
Revised estimate of total gross wages. benefits and other payments which will be paid to your workers for the c:um:nt fmancial year. This includes | ||
employer's superannuation conttibutions. leave |
payments and other allowances and benefits. | s |
(
15. If you wish to cancel a location go to Part .B. Otherwise go straight to Part C.
|
Employer Registration Amendment Page 3
ScHEDULES
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 23
Part 8 - | Cancellation of location(s) or registration |
16. | Do you wish to: | Cancel your entire registration D On what date did the business I | cease employmg workers? | L_ --'---'-___J |
Maintain your existing registration D | Location numbers of those | Date employment |
.... | - ~- ......, | ~r=-=·::on::::•.;_YOU=W:c:i•::::h:.:to:::==c=•l:_,.:ceased==:~t~th~i·.:r~ti~o!!..,n |
17. | Wby do you wish to | caDcel | ||
your registrationlloca |
|
Employer bankrupt | Name! | I |
or liquidated | 0 |
Employer deceased | 0 | Ad~~~ |
Location duplicated | 0 | Postcode | I |
Business sold | D- | Telephone I | (STD | ) | Extension | I |
• | Do you stiU conduct any business | |
|
Other OPtease give details | I |
18. What is your future forwarding address?
PostcOOe
Telephone ~("-STD=----''---------,-=Exc:tens=ic;;on'------'
Fax number
'-'- ("'-STD=-----''-----------'
Part C - Declaration |
19. |
Signature of employer. public | Date |
officer or authorised person |
Full name of the person who ;,:==============!-'====='===i
signed this declaration f---------------------1
Position/tide '--------------------_....J
20. | Please mail your completed form to: | WORK COVER GPOBOX2668 |
ADELAIDE SA 5001 | ||
171910} |
Employer Registration Amendment Page 4
(Reprint No. 1) SCHEDULES
24 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
~
WorkCover | ADDITIONAL LOCATION DETAILS |
Co!pOration
This fonn is for an employer to add a location to an | If you have moved business from a currently registered | ||
existing registration where the location has just been | location to a new location. or closed a business or location. | ||
purchased or established. |
| ||
1. Workcover Employer Number |
2. Address or new location
Please give the full address (not a pnst office hox).
For fanns. include the road name, or if no road name.
the Sections and Hundreds.
| ||
|
3. Tradingname used by the employer at this location
4. S.A. Corporate Affairs Business Number
|
5. Contact person | Name |
Give details of the person we
should talk to if we have any | Position |
questions about THIS LOCATION. | Telephone | Extension |
Fax number | I; |
6. | Why are you registering this location/bUS! | 'oess? |
(Please tick one hox only) | From whom was it purchased or taken-over? |
-
Purchased existing 0 | - | • Business/employer name |
location/business | L | "' |
I |
Takeover DL | • Their WorkCover Employer Number(s) |
"' | r-- |
I | II |
Merger DLMG | - | • Location Number(s) |
Set up your own new o | I | II | I |
business/location
Other D= |
7. Hasthis location been granted exemption from
| ||||||
| ||||||
| ||||||
8.. | Wbat is the business or industry carried out at this location? |
9. Describethe different types of work carried out at this location
If you need more space. attach a sheet. | ' |
10. Wbat is the ONE MAIN TYPE or goods produced or service provided by your businessat this location?
Continued on the next page
Additional Locations Page 1
SCHEDULES
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 25
11. Give detailsoftbe NUMBER or workers who will be or are employed iD each ocxupatioo at Ibis location
|
Full-time (35 Ius or more a week) | Part·tlme (less d1an 35 Ius a week) |
Occupation | Includes pennanen~ | Includes pennanen~ |
casual and seasonal | casual and seasonal |
Male | Female | Male | Female |
Totals
12. Doyou employ any workers who mainly (or
Yes[}+- Please note: Workers who malnly work
will mainly) work ootside of Soutb Auslnllia? | NoD | outside South Austtalia may not be covered |
by WorkCover (SA). You should consider | ||
they work. |
13. | When did/will you s1art employing at Ibis location? | Ll_--'1 __ | :_1 _ | __, |
14. | Estimate tbe total gross wages, benefits and other paymeats which will be paid to workers at Ibis | |||
location: | ||||
This includes employer"s superannuation | To June this financial year~~$=========~ | For a full12 months | LS::_ ________ __, |
allowances and benefits. |
15. Declaration
| ||||||||
Date
If | there an: any anached sheets. please | L-----------------~~L--~~--~~--~ |
Full name of the person who signed this declaration | |
008188000. | advice (08) 233 =; country employers ring |
16. Mail your registration form to: | WORK | COVER |
GPOBOX2668
ADELAIDE SA 5001
Employer Number | SAWICcode |
Office use only |
Additional Locations Page 2
(Reprim No. 1) SCHEDULES
26 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
PARTll
ADDmONAL INFORMATION THAT MUST ACCOMPANY AN APPLICATION
FOR REGISTRATION AS AN EXEMPT EMPLOYER OR GROUP OF
EXEMPT EMPLOYERS
1. The applicant must provide- | ( |
a copy of the audited financial statements of the applicant for the last five financial years immediately preceding the application; | |||
a statement, prepared by an actuary, of the liabilities that an employer would be undertaking over the first 12 months if the applicant were registered as an exempt employer; | |||
|
purposes of the fourth schedule if the applicant were registered as an exempt employer.
2. The applicant must provide a detailed plan of the arrangements that the applicant would implement to administer claims under the Act, which must include details of-
the job specifications of the officers who would be responsible for administering the claims; | |
the lines of accountability and control that would apply to those officers; | |
the policies that would be adopted for the rehabilitation of disabled workers; | |
and | |
the arrangements that would be implemented for the making of claims under the Act, |
and a copy of any form that the applicant would require a claimant to complete must accompany the plan.
3. The applicant must, in relation to the period of five financial years immediately preceding the application, provide details of-
the disabilities arising from employment that the applicant's workers have suffered over that | ||
| ||
|
and
| ||
the rehabilitation programmes that the applicant bas provided over that period for disabled workers; | ||
and |
(
the success that tbe applicant bas achieved over that period in returning workers who have suffered disabilities to work. |
SCHEDULES
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 27
4. The applicant must provide-
a copy of any safety policy that has been adopted by the applicant; | |
details of any progrannnes that tbe applicant has implemented, or proposes to implement, to train | |
details of the facilities and arrangements that the applicant has for providing first aid to workers; | |
details of any safety committees that have been established by the applicant, and a copy of any minutes kept from meetings held by those committees over the period of six months immediately preceding the application. |
5. The applicant must provide the name of any registered association of which any worker employed by the applicant is a member.
(Reprint No. 1) SCHEDULES
28
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
1. The employer must ensure that forms for making a claim under the Act, in a form approved by the Corporation, are reasonably available to the employer's workers.
2. The employer must ensure that all claims under the Act are promptly and efficiently investigated and
determined.
3. The employer must ensure that any benefit to which a worker is entitled under the Act is-
provided. promptly; | |
and |
(
periodically reviewed in accordance with the Act. |
4. (1) The employer must ensure that a prompt assessment is made of whether a rehabilitation progrannne would be of assistance to a worker who bas suffered a compensable disability and, if required, ensure that an appropriate rehabilitation programme is provided for the worker.
(2) If the Corporation considers that an appropriate rehabilitation programme is not being provided to a worker who bas suffered a compensable disability, the employer must-
allow the Corporation to establish a rehabilitation programme for the worker; | |
and | |
reasonably co-operate with any rehabilitation adviser in the implementation of that programme. |
5. The employer must ensure, so far as is reasonably practicable, that up to date programmes that are designed to prevent or reduce the incidence of compensable disabilities are established and maintained atplaces where the employer's workers work. 6. The employer must, as soon as practicable after the receipt of a claim under the Act-
estimate the employer's expected liability on the claim; | |
and |
make an assessment of any possible right of recovery against another person in respect of the | ||
|
7. Where the employer receives a claim for compensation ansmg from the death of a worker or a compensable disability that bas resulted in an incapacity for work of five or more working days, the employer must, within ten business days after receipt of the claim, furnish the Corporation with a statement in a form approved by the Corporation containing the following information-
the file number assigned to the claim; | |||
| |||
the date of birth of the worker; | |||
the date that the disability was suffered (or is claimed to have been suffered); | |||
the nature of the disability; |
SCHEDULES
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 29
the apparent canse of the disability; | |
details of any work undertaken by the worker since suffering the disability; | |
details of any rehabilitation provided to the worker; | |
aud |
(i) insofar as may be reasonable, the employer's initial estimateof the employer's liability on the claim.8. The employer must, within seven days after the end of each month, furnish the Corporation with a statement in a form approved by the Corporation containing the following information-
the number of claims received during the month, aud the number of claims reopened during the month, for compensation arising from any compensable disability that has resulted in an incapacity for work of less than five working days; | ||||||||||||||
in relation to claims finalized during the month for compensation arising from any compensable disability that resulted in an incapacity for work of less than five working days- | ||||||||||||||
|
aud
| ||||||||||||||||
in relation to each claim finalized during the month for compensation arising from the death of a worker or a compensable disability that resulted in an incapacity for work of five or more working days (identil'ying each claim by file number, name, the date of birth of the worker, the date that the | ||||||||||||||||
| ||||||||||||||||
|
(Reprint No. 1) SCHEDULES
30 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
(ix) details of any other payments (other than wages, salary or prescribed allowances) mede to
the worker; (x)
details of any amount recovered from another person in respect of the claim; (xi) the total time lost from work in respectof the disability;
and |
(xii) detailsof any work being undertaken by the worker;
and
in relation to each claim reopened during the month for compensation arising from the death of the worker or a compensable disability that has resulted in an incapacity for work of five or more working days (identuy each claim by file number, name, the date of birth of the worker, the date that the disability was suffered and the nature of the disability)- | ( |
(i) detailsof the circumstances surrounding the reopening of the claim;
and | |
(ii) | insofar as may be reasonable, the employer's estimate of the employer's additional liability on the claim. |
9. (1) The employer must, within one month after the end of each six monthly period, furnish the Corporation with a statement in a form approved by the Corporation containing, in relation to each claim that is current at the end of that period and that arises from the death of a worker or a compensable disability that has resulted in an incapacity for work of five or more working days (identifying each claim by file number, name, the date of birth of the worker, the date that the disability was suffered and the nature of the disability), the following information (as at the end of that period)-
the total amount of compensation for income maintenance paid by the employer; | |
the total amount of compensation for medical services paid by the employer; | |
the total amount of compensation for property damage paid by the employer; | |
the total amount spent on rehabilitation by the employer; | |
the amount of any lump sum for non-economic loss paid by the employer; |
details of any amount paid by the employer under Division VI of Part payable on death); |
details of any payment mede uoder a liability at common law in respect of the disability; | |
the amount of any legal or investigative costs incurred on the claim; | |
details of any other payments (other than wages, salary or prescribed allowances) mede by the employer to the worker; | |
details of any amount recovered from another person in respect of the claim; |
(
details of any work being uodertaken by the worker; | |
and | |
insofar as may be reasonable, the employer's estimate of the employer's remaining liability on the claim (making due allowance for inflation). |
ScHEDULES
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 31
(2) A statement furnished to the Corporation under subclause (1) must be accompanied by an estimate of the employer's liability for claims that the employer has not received but are likely to be made in respect of compensable disabilities that have arisen from the employer's employment.
(3) For the purposes of this clause, a six monthly period is-
a period of six months commencing on the first day of January and ending on the thirtieth day of |
June;
and | |
a period of six months commencing on the first day of July and ending on the thirty-first day of December. |
10. (I) The employer must, within three months after the end of each financial year of the employer, deliver to the Corporation-
an audited copy of the employer's financial statements for that fmancial year; | |
and | |
an actuarial report on the outstanding liabilities of the employer under the Act, as at the end of that financial year. |
(2) For the purposes of this clause, the financial years of an employer are successive periods, not exceeding 12 months, determined by the employer to be the employer's financial years or, in the absence of such a determination, each period of 12 months ending on the thirtieth day of June.
11. (1) The employer must at all reasonable times allow an authorized officer to examine--
the accounting and other records of the employer; | |
and | |
any system or facility used by the employer in connection with acting as an exempt employer under the Act. |
(2) The employer must provide such assistance as may be reasonably required to facilitate an examination referred to in subclause (1).
(3) The employer must, at the request of a person carrying out an examination referred to in
subclause (1), provide any explanations, information or assistance that the person may reasonably require for
the purposes of the examination. |
( 4) The employer must comply with any written notice served on the employer by an authorized officer requiring the employer to exercise or perform a puwer or function of the employer under the Act in accordance with the Act.
12. (1) The employer must ensure that there is in force at all times a guarantee given by a financial institotion to or in favour of the Corporation which-
guarantees the payment of an amount to the Corporation in the event that the employer becomes | |
and | |
complies with subclause (3). |
(Reprint No. 1) SCHEDULES
32 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
(2) The amount guaranteed by a guarantee entered into for the purposes of subclause (1)-
must be an amount, determined by the Corporation on an actuarial basis, that represents up to the | ||
sum of- | ||
|
of the determination (whether or not claims have been made with respect to those
disabilities); |
and
(ii) the value of the contingent liabilities of the employer as an exempt employer under the Act in respect of compensable disabilities attributable to traumas that are expected to arise from employment by the employer over the ensuring period of 12 months;
and
(
must be reviewed annually. |
(3) A guarantee complies with this subclause if-
the guarantee is given by a financial institution which has a credit rating at least equal to a standard set by the Corporation for the purposes of this provision and which is specifically approved by the Corporation as a financial institution which can give guarantees under this clause; | |
and | |
the guarantee is in a form, and for a term, approved by the Corporation. |
(4) A financial institution cannot give a guarantee under subclause (1) if the fmancial institution and the employer are related corporations.
(5) In this clause-
"fmancial institution • means-
a bank within the meaning of the | |
or | |
"related corporations" has the same meaning as in section 60(9) of the Act. |
13. The employer must ensure that there is in force at all times a contract of insurance, in a form approved by the Corporation, for an unlimited amount, in excess of an amount approved by the Corporation, against any liability of the employer that may arise under the Act as a result of the occurrence of one event or series of events during the period of the contract. | ( |
14. In relation to an employer that is a company incorporated under the
Companies (South Australia)
Code-
the employer must immediately give the Corporation written notice of the commencement of any | ||
procedure to liquidate or wind up the employer; | ||
and |
SCHEDULES
Workers Rehabilitation and Compensation (Claims and Registration) Regnlations, 1987 33
the employer must, within five business days, give the Corporation written notice of- | ||||
|
management of the employer; (iii) a relocationof the undertaking of the employer;
(iv) the purchase or sale of any asset that materially changes the fmancial position of the employer, the composition of its workforce or the nature of the work undertaken by its
workers;
or | |
(v) | any other action that significantly affects the employer's ability to meet its liabilities under the Act. |
15. The employer must ensure that all documentation that relates to a claim against the employer under the Act is retained for at least six years after the claim is fmalized.
!Sa. The employer must seek to ensure that in the provision of rehabilitation and compensation under the Act, racial, ethnic and linguistic diversity in the employer's workforce is taken into account and that those of the employer's workers who may have grounds for seeking rehabilitation or compensation under the Act are not disadvantaged by their racial, ethnic or linguistic origins or backgrounds.
16. This schednle applies to-
exempt employers who are registered under section 60 of the Act; | |
and | |
exempt employers who are deemed to be registered under the Act by virtue of the first schedule to the Act. |
(Reprint No. 1) SCHEDULES
34
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
SECTION lOS-INSURANCE OF EMPLOYERS
1. In this schedule-
( | |
section 105 of the Act. |
2. If the employer becomes aware of the occurrence of a compensable disability that is likely to give rise
to a claim against the employer, the employer must, within five business days, forward to the Corporation
written notice of the disability.
3. If a claim i~ made against the employer, the employer must inunediately forward the claim to the
Corporation.
4. The employer must provide any assistance that the Corporation reasonably requires to assist the | ( |
Corporation-
in investigating, determining, defending or settling a claim; | |
in preparing, conducting, defending or settling any proceedings in respect of a claim. |
5. The employer must sign any authority or other document required by the Corporation for the purposeof-
investigating, determining, defending or settling a claim; | |
preparing, conducting, defending or settling any proceedings in respect of a claim, (and if the employer fails to sign the authority or other document, the Corporation may do so on the employer's behalf). |
6. The employer must not incur any expense, enter into any litigation, make any settlement or admit any liability in respect of a claim without the written authority of the Corporation.
7. The Corporation may, for any purpose related to any liability or potential liability pursuant to section 105 of the Act-
take over and control any proceedings in respect of a claim on behalf of the employer; | |
| ||
settle any claim or proceedings against the employer; | ||
issue and conduct proceedings in the name of the employer against any other person who may also be liable in respect of the compensable disability. |
behalf of, the employer;
8. To the extent that the Corporation acts on behalf of the employer in any proceedings, the employer is indemnified by the Corporation against all costs and expenses of or incidental to the proceedings.
9. If at the time of the occurrence of the compensable disability other insurance also covers the liability in respect of which the Corporation provides insurance porsuant to section 105 of the Act, the Corporation is only liable to pay a pro rata share of any amount recoverable from the employer in respect of the disability (and may, if it is appropriate, exercise a right of contribution against any other insurer). |
ScHEDULES
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 35
SIXTH SCHEDULE
SECTION 61-AGENCIES AND INSTRUMENTALITIES OF THE CROWN
Aboriginal Health Council of S.A.
Adelaide Convention Centre.
Adelaide Medical Centre for Women and Children.
Adelaide Rape Crisis Centre.
Adelaide Women's Community Health Centre.
Alfreda Rehabilitation.
Andamooka Outpost Hospital.
Angaston District Hospital Inc.
Barmera District Hospital Inc.
Bishop Kirkby Memorial Hospital.
Blyth District Hospital Inc.
Bookmakers Licensing Board.
Booleroo Centre District Hospital Inc.
Bordertown Memorial Hospital Inc.
Burra Burra Hospital Inc.
Ceduna-Koombba Aboriginal Health Service.
Central Eyre Peninsula Hospital.
Child & Adolescent Mental Health Services (Northern and Southern Regions).
Child, Adolescent & Family Health Service.
Clare District Hospital Inc.
Cleve District Hospital Inc.
Clovelly Park Community Health Centre.
Coober Pedy Hospital Inc.
Cowell District Hospital Inc.
Crystal Brook District Hospital Inc.
Cummins and District Memorial Hospital Inc.
Dale Street Women's Community Health Centre.
Drug & Alcohol Services Council.
Eastern Community Health Centre.
Elizabeth Women's Community Health Centre.
Elliston Hospital Inc.
Eudunda Hospital Inc.
Flinders Medical Centre.
Forensic Psychiatry.
Gladstone and District Community Health and Welfare Centre.
Great Northern War Memorial Hospital Inc.
Gumeracha District Soldiers' Memorial Hospital Inc.
Health Development Foundation. |
Hutchinson Hospital.
Independent Living Centre.
Intellectual Disability Services Council.
Julia Farr Centre.
Kangaroo Island General Hospital Inc.
Kapunda Hospital Inc.
Karoonda & District Soldiers' Memorial Hospital Inc.
Keith Community Health and Welfare Centre.
Kirnba District Hospital Inc.
Kingston Soldiers' Memorial Hospital Inc.
Lameroo District Hospital Inc.
Laura & District Hospital Inc.
Leigh Creek Hospital Inc.
Lock Community Health & Welfare Centre.
Lower Murray District Hospital Inc.
Loxton Hospital Complex Inc.
Lyell McEwin Health Service.
Maitland Hospital Inc.
(Reprint No. 1) SCHEDULES
36 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
Management Assessment Panel.
Mannum District Hospital.
Manufacturing Advisory Council.
Marree Hospital.
Meningie & Districts Memorial Hospital Inc.
Mental Health Review Tribunal.
Millicent & District Hospital Inc.
Minda Inc.
Minlaton District Hospital. | |
Madbury Hospital. | |
Mount Gambier Hospital Inc. | |
Mount Pleasant District Hospital Inc. | |
Mt Barker District Soldiers' Memorial Hospital Inc. | |
Mt Gambier Community Health Service. | |
Murat Bay District Hospital Inc. | |
Naracoorte Hospital & Health Service Inc. | |
Noarlnoga Health Services Incorporated. | |
Northcote Centre. | ( |
Northern Yorke Peninsula Regional Health Service Inc. Orroroo and District Hospital Inc. Parks Community Health Service. Penola War Memorial Hospital Inc. Peterborough Soldiers' Memorial Hospital Inc. | |
Pika Wiya Health Service. | |
Pinnaroo Soldiers' Memorial Hospital Inc. | |
Police Complaints Authority. | |
Port Lincoln Health and Hospital Services Incorporated. | |
Port Augusta Hospital. | |
Port Pirie Regional Health Service Inc. | |
Port Adelaide Community Health Service. | |
Port Broughton District Hospital. | |
Preguancy Advisory Centre. | |
Public Health Service Division. | |
Quorn & District Memorial Hospital Inc. Renmark & Paringa District Hospital Inc. Riverland Regional Health Service. | |
Riverton District Soldiers' Memorial Hospital Inc. | |
Royal Society for the Blind. | |
Royal District Nursing Society of SA Inc. | |
Royal Adelaide Hospital. | |
S.A. Mental Health Service. | |
S.A. Dental Service. |
Salisbury Community Health Service. |
Sexual Offenders Treatment & Assessment Program.
Snowtown Memorial Hospital Inc.
South Australian Community Health Research Unit. | ( |
South Coast District Hospital Inc. Southern Yorke Peninsula Hospital Inc. Southern Women's Health & Community Centre Southern Domiciliary Care & Rehabilitation Service. Southern Districts War Memorial Hospital Inc. St Joho Council of S.A. St Margaret's Hospital Inc. | |
Streaky Bay Hospital Inc. | |
Strathalbyn & District Soldiers' Memorial Hospital and Health Services. | ( |
Tanunda War Memorial Hospital. Tarcoola District Hospital. Tea Tree Gully Community Health Service. The Balaklava Soldiers' Memorial District Hospital Inc. The Guardianship Board. The Jamestown Hospital Inc. |
SCHEDULES
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 37
The Murray Bridge Soldiers' Memorial Hospital me.
The North West Nurse Educatiou Centre.
The Queen Elizabeth Hospital.
The Second Story.
The Whyalla Hospital & Health Service fuc.
Tumby Bay Hospital fuc.
Waikerie Hospital and Health Services fuc.
Western Domiciliary Care & Rehabilitation Service.
(Reprint No. 1) APPENDIX
38 Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987
LEGISLATIVE IDSTORY
Transitional Provisions
(Transitional provision from the Workers Rehabilitation and Compensation
( |
5. Notwithstanding regulation 4, a certificate in the form prescribed by the first schedule to the
principal regulations before the commencement of regulation 4 may continue to be used for the purposes of
the
Transitional provision from the Workers Rehabilitation and Compensation
4. Notwithstanding regulation 3, a certificate in the form prescribed by the first schedule to the principal regulations before the commencement of these regulations may continue to be used for the purposes of the | ( |
Legislative History
Regulation 3: | definition of "award" inserted by 68, 1990, reg. 3(a) definition of "building work" substituted by 2, 1991, reg. 2 definition of "cleaning work" inserted by 216, 1988, reg. 3 definition of "commercial motor vehicle" inserted by 32, 1992, reg. 3 definition of "industrial agreement" inserted by 68, 1990, reg. 3(b) definition of "outworker" inserted by 68, 1990, reg. 3(b) definition of "prime bank rate" inserted by 216, 1988, reg. 3 definition of "wall or floor tiling" inserted by 126, 1992, reg. 3 |
Regulation 4(1): | varied by 271, 1987, reg. 3(a); 216, 1988, reg. 4(a)-(c); 2, 1991, reg. 3(a); 46, 1991, reg. 2(a); 32, 1992, reg. 4(a)-(c); 126, 1992, reg. 4 |
Regulation 4(1aa): | inserted by 2, 1991, reg. 3(b); varied by 46, 1991, reg. 2(b) |
Regulation 4(1a): | inserted by 271, 1987, reg. 3(b) |
Regulation 4(1b): | inserted by 216, 1988, reg. 4(d); varied by 263, 1990, reg. 2(a) |
Regulation 4(1ba): | inserted by 263, 1990, reg. 2(b); substituted by 125, 1992, reg. 3 |
Regulation 4(1c): | inserted by 68, 1990, reg. 4 |
Regulation 4(1d): | inserted by 146, 1993, reg. 3 |
Regulation 4(2a): | inserted by 230, 1990, reg. 2 |
Regulation 4(4) and (5): | inserted by 158, 1991, reg. 2 |
Regulation 4(6) and (7): | inserted by 32, 1992, reg. 4(d) | ||
Regulation 4(8): | inserted by 31, 1994, reg. 3 | ||
Regulation 4a: |
| ||
Regulation 6(1): |
| ||
Regulation 6(2): | inserted by 216, 1988, reg. | ||
Regulation 7a: | inserted by 162, 1992, reg. 2; redesignated as reg. 7a(1) by |
177, 1993, reg. 3
Regulation 7a(2): | inserted by 177, 1993, reg. 3 | ||
Regulation 7a(3): | inserted by 177, 1993, reg. 3; varied by 112, 1994, reg. 3 | ||
Regulation 7a(4) and (5): | inserted by 106, 1994, reg. 3 | ||
Regulation 8: | substituted by | ||
Regulation 10(1)(c) and (d): |
| ||
Regulation 13: |
| ||
Regulation 14: | inserted by 168, 1989, reg. 3 | ||
Regulation 15 and 16: | inserted by 159, 1991, reg. 2 | ||
First schedule: | substituted by 271, 1987, reg. 4; 193, 1992, reg. 3 | ||
Third schedule |
Part I: | substituted by |
APPENDIX
Workers Rehabilitation and Compensation (Claims and Registration) Regulations, 1987 39
Fourth schedule
Clause 12(1): | substituted by 253, 1993, reg. 3(a) |
Clause 12(3) - (5): | inserted by 253, 1993, reg. 3(b) |
Clause !Sa: | inserted by 68, 1990, reg. |
Sixth schedule: | inserted by 162, 1992, reg. 3 |
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