Workers Rehabilitation and Compensation (Reviews and Appeals) Regulations 1987 (SA)

(Reprint No. 1)

SOUTH AUSTRALIA

WORKERS REHABILITATION AND COMPENSATION (REVIEWS AND

APPEALS) REGULATIONS, 1987

These regulations are reprinted pursuant to the Subordinate Legislation Act 1978 and incorporate all amendments in force as at 8 February 1995.

It 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 (Reviews and Appeals) Regulations, 1987

SUMMARY OF PROVISIONS

1.                  Citation

2. Conunencement

3. Interpretation

4. Expenses for witnesses

5. Costs on account of representation

5A.	Reimbursement of medical costs (
6.	Applications for review
6A.	Extensions of time
7.	Appeals
8.	Special references to Review Officers

FIRST SCHEDULE

Application for Review

SECOND SCHEDULE (

Appeal notice for use in an appeal to the Workers Compei!Sation Appeal Tribunal against a decision of a

Review Officer

THIRD SCHEDULE

Special application to Review Officer for assistance in resolving delay in claim detenninati.on

FOURTH SCHEDULE

Application for an extension of time within which an application for review may be made-Section 95(4)

APPENDIX

LEGISLATIVE IDSTORY

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REGULATIONS UNDER THE WORKERS

REHABILITATION AND COMPENSATION ACT, 1986

WORKERS REHABILITATION AND COMPENSATION (REVIEWS AND

APPEALS) REGULATIONS, 1987

being

No. 233 of 1987: Gaz. 24 September 1987, p. 10081

as varied by

No. 214 of 1988: Gaz. 6 October 1988, p. 12452

No. 157 of 1991: Gaz. 11 July 1991, p. 247

No. 147 of 1993: Gaz. 24 June 1993, p. 21143

No. 32 of 1994: Gaz. 26 May 1994, p. 13024

Came into operation at 4 p.m. on 30 September 1987: reg. 2.

2 Came into operation17 October 1988: reg. 2.

3 Came into operation 1 July 1993: reg. 2.

4 Came into operation 26 May 1994: reg. 2.

NOTE:

Asterisks indicate repeal or deletion of text.

For the legislative history of the regukuions see Appendix. Entries appearing in the

Appendix in bold type indicate the amendments incorporated since the last reprint.

(Reprint No. 1)

2       Workers Rehabilitation and Compensation (Reviews and Appeals) Regulations, 1987

Citation

1. These regulations may be cited as the Workers Rehabilitation and Compensation (Reviews

and Appeals) Regulations, 1987.

Commencement

2. These regulations will come into operation at 4 p.m. on 30 September, 1987.

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Interpretation \.

3. In these regulations-

"the Act" means the Workers Rehabilitation and Compensation Act, 1986:

"the Registrar" means the Registrar of the Tribunal.

Expenses for witnesses	(
4. For the purposes of section 91 of the Act (and subject to any contrary direc~ion by the review authority), a witness in proceedings before a review authority is entitled to reimbursement of any expense that the review authority certifies has been, or is likely to be, reasonably incurred by the witness as a consequence of appearing before the review authority.
Costs on account of representation
5. (1) Pursuant to section 92a of the Act, the following limits on costs are fixed in relation to proceedings before a Review Officer, and related conciliation proceedings:

Item Limit

$

Assistance in the preparation and lodgement of an application for review ................. 65

Participation in the conciliation process .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	86
Participation in the dispute resolution/conclusion process ..........•.........•......	65

Preparation of case for a review hearing .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 129

Appearance before a Review Officer (to a maximum of $270)

First hour. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	86
Second hour. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	54
Third and subsequent hours. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	27

(2) Pursuant to section 92a of the Act, the costs awarded to a party who is represented in

proceedings before the Tribunal cannot exceed 95 per cent of the costs that would have been

payable on a party and party basis had the proceedings been proceedings before the Supreme

Court. (

(3) If a bill of costs is ordered to be made subject to examination, or is disputed- \

(a)	if the proceedings were before a Review Officer (or relate to conciliation proceedings)-the bill of costs must be submitted to a Review Officer for examination;
(b)	if the proceedings were before the Tribunal-the bill of costs must be submitted to the Registrar for examination.

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(4) A copy of a bill of costs submitted by a party to proceedings for examination under subregulation (3) must be served on all other parties to the proceedings. \

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Workers Rehabilitation and Compensation (Reviews and Appeals) Regulations, 1987 3

(5) An amount prescribed by subregulation (!) will be adjusted on an annual basis so that the relevant amount on or after 1 January 1992 will be an amount (calculated to the nearest multiple

of $10) that bears to the amount as prescribed on the commencement of this regulation 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.

Reimbursement of medical costs

SA. The cost fixed in relation to a service in a scale published in the Gazette under section 32(9) of the Act is fixed as the limit on the costs which may be reimbursed for that service under section 92a of the Act.

Applications for review

6. (l) An application for review must be in the form set out in the first schedule containing the information required by the schedule.

(2) An application for review-

(a)	must be signed by the applicant, or by the applicant's representative;
and
(b)	must be delivered or posted to the office of the Review Panel.

(3) Where an application for review is received under subregulation (2), the Chief Review Officer, or an officer nominated by the Chief Review Officer, must cause notice of the application and a copy of the application (together with any accompanying documentation) to be sent to each

of the following (other than the applicant):

(a)	the Corporation;
(b)	any employer or former employer who appears to the Chief Review Officer to have a proper interest in the decision sought to be reviewed;
(c)	the worker.

Extensions of time

6A. An application for an extension of time pursuant to section 95(4) of the Act-

(a)	must be in the form set out in the fourth schedule containing the information required by the schedule;
or

(b) at the discretion of the Chief Review Officer or another Review Officer authorized by the Chief Review officer for the purposes of section 95(4) of the Act-may be made orally.

Appeals

7. (l) An appeal to the Tribunal must be in the form set out in the second schedule containing the information required by the schedule.

(2) An appeal to the Tribunal must be lodged with the Registrar.

(3) The appellant must, within seven days of lodging the appeal, serve a copy of the appeal notice on any other person who was a party to the proceedings to which the appeal relates.

(Reprint No. 1)

4       Workers Rehabilitation and Compensation (Reviews and Appeals) Regulations, 1987

Special references to review orticers

8. For the purposes of section 102 of the Act, an application by a worker must be in the form set out in the third schedule containing the information required by the schedule.

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SCHEDULES

Workers Rehabilitation and Compensation (Reviews and Appeals) Regulations, 1987 5

FIRST SCHEDULE

(Reprint No. 1)

SCHEDULES

6       Workers Rehabilitation and Compensation (Reviews and Appeals) Regulations, 1987

SECOND SCHEDULE

Workers Rehabilitation and Compensation Act, 1986

Appeal notice for use in an appeal to Office use

the Workers Compensation Appeal Tribunal	only
w c A T

against a decision of a Review Officer number

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To the Registrar, Workers Compensation Appeal Tribunal

Full name of appellant

Address

................................................. •(

Postcode\.

Appellant status	0	Worker	0 Employer	0 Exempt Employer
(Please tick appropriate box)

0 WorkCover 0 Other - please specify. .. .. .. .. .. .. .

Decision appealed against

I am dissatisfied with a decision of a Review Officer made under the Workers Rehabilitation and Compensation

Act, 1986:-

In the matter of

Date of the decision* .. .. .. .. .. .. .. Review Determination number*

(* taken from printed copy of Review Officer determination)

1/we appeal against that decision

The grounds of the appeal	...... ' ............................................
are as follows	...................................................
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . / • • • • • •. • • •. •••••••••••••••••••••••••••••••••••••• >
...................................................
The relief sought on this	...................................................
appeal is as follows

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................................................. \

...................................................

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

Please tum over

(Reprim No. 1)

SCHEDULES

Workers Rehabilitation and Compensation (Reviews and Appeals) Regulations, 1987 7

Details of other persons directly affected by the decision appealed against

(Please tick box(es) I1IUl provide details where appropriOJe)

D Worker

Name

Address

D Employer

Name

Address

D WorkCover

Officer's determination)

(If "WorkCover" or "the Corporation • appears in the heading of the Review

D Other

Name

Address

Is the employer an exempt

employer?

D Yes

D No

(Tick "no· if WorkCover or the Corporation appears in the

heading of the Review Officer's determination)

~ylour address for service

of documents is

· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·Postcoile ·

Signed

Dated

Procedural requirements

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Filing of Appeal notice-

This appeal must be delivered or posted to:

The Registrar of the Workers Compensation Appeal Tribuna!.

2      The appellant must within seven days of lodging the appeal serve a copy of the appeal notice on the employer and any other person who was a pany to the proceedings to which the appeal relates including "the Corporation" ("WorkCover") if appropriate.

3      If a pany wishes to be heard on the hearing of the appeal, that pany must file an address for service in accordance with Form I of the Workers Compensation Appeal Tribunal Rules within seven days of the service of this appeal notice and serve a copy thereof on the appellant.

(Reprint No. 1)

SCHEDULES

8 Workers Rehabilitation and Compensation (Reviews and Appeals) Regulations, 1987

THIRD SCHEDULE

(Reprint No. 1)

ScHEDULES

Workers Rehabilitation and Compensation (Reviews and Appeals) Regulations, 1987 9

FOURTH SCHEDULE

Workers Rehabilitation and Compensation Act 1986

Application for an extension of time within which an

application for review may be made-Section 95(4).

Claim number[

Applicant's name:

Address:

Post code

I SEEK AN EXTENSION OF TIME FOR THE MAKING THE APPLICATION FOR REVIEW REFERRED TO BELOW.

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Details of the decision

Date of the decision: Date applicant received notice of the decision:

The decision was made by:	D	Employer	D	Workcover
D	Other

Reason(s) why the application for review was not made within one month of receipt of notice of the decision and why an extension of time should be granted:

(If space in sufficient, attach tufditional sheets of paper)

Other details

(where applicable, write "as above" or, if this application is attached to the application for review, write "see application for

review .. )

Worker:	Employer:
Address:	Address:

Post code Telephone Post code Telephone

Are you represented?	yes[	no[	If yes. name of representative:
Do you require an interpreter?	yes[	no{
Address for service of notices/documents:

Signed: Dated:

(Reprint No. 1)

APPENDIX

10     Workers Rehabilitation and Compensation (Reviews and Appeals) Regulations, 1987

APPENDIX

LEGISLATIVE IDSTORY

Regulation 3:	definition of "the Registrar" substituted by 157, 1991, reg. 2
Regulation 5:	substituted by 157, 1991, reg. 3
Regulation SA:	inserted by 32, 1994, reg. 3
Regulation 6:	redesignated as reg. 6(1) by 147, 1993, reg. 3 (
Regulation 6(2) and (3):	inserted by 147, 1993, reg. 3
Regulation 6a:	inserted by 147, 1993, reg. 4
Regulation 7(1):	varied by 214, 1988, reg. 3; !57, 1991, reg. 4
Regulation 7(2):	varied by 157, 1991, reg. 4
First schedule:	substituted by 14 7, 1993, reg. 5
Second schedule:	substituted by 214, 1988, reg. 4; 147, 1993, reg. 5
Third schedule:	substituted by 147, 1993, reg. 5
Fourth schedule:	inserted by 147, 1993, reg. 5

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