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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Workers Rehabilitation and Compensation (Changes to
Scheme Review Provisions) Amendment Bill 2009
A BILL FOR
An Act to amend the Workers Rehabilitation and Compensation
Act 1986.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Workers Rehabilitation and
Compensation Act 1986
4 Amendment of section 2—Objects
of Act
5 Amendment of section 35—Preliminary
6 Amendment of section
35A—Weekly payments over initial entitlement period
7 Amendment of
section 35B—Weekly payments after expiry of designated entitlement
period—no work capacity
8 Amendment of section 35C—Weekly
payments after expiry of designated periods—current work
capacity
9 Amendment of section 36—Discontinuance of weekly
payments
10 Amendment of section 42—Redemption of
liabilities
11 Amendment of section 66—Imposition of
levies
12 Repeal of section 76AA
Schedule 1—Transitional
provisions
1 Interpretation
2 Weekly payments
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Workers Rehabilitation and Compensation
(Changes to Scheme Review Provisions) Amendment Act 2009.
(1) Subject to subsections (2) and (3), this Act will come into
operation on assent.
(2) If paragraph (e) of section 42(2) of the principal Act, to be inserted
by the 2008 Amendment Act, has not been brought into operation by the relevant
date, section 10 of this Act will come into operation immediately after
that paragraph comes into operation under the 2008 Amendment Act.
(3) If section 76AA of the principal Act, to be inserted by the 2008
Amendment Act, has not been brought into operation by the relevant date,
section 12 of this Act will come into operation immediately after that
section comes into operation under the 2008 Amendment Act.
(4) In this section—
principal Act means the Workers Rehabilitation and
Compensation Act 1986;
relevant date means the date on which this Act is assented to
by the Governor;
2008 Amendment Act means the Workers Rehabilitation and
Compensation (Scheme Review) Amendment Act 2008.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Workers Rehabilitation and Compensation
Act 1986
4—Amendment of
section 2—Objects of Act
(1) Section 2(3)—after "return to work" insert:
with a particular emphasis on undertaking the retraining of a disabled
worker who would otherwise have difficulty in obtaining employment
(2) Section 2(3)—after "requirements of this Act" insert:
and the extent of the worker's disability
5—Amendment of
section 35—Preliminary
Section 35 (8)(a), (b) and (c)—delete paragraphs (a), (b) and (c) and
substitute:
(a) designated entitlement period means an aggregate period
not exceeding 104 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 account of the incapacity;
6—Amendment of
section 35A—Weekly payments over initial entitlement
period
(1) Section 35A(1)—delete "first" and substitute:
designated
(2) Section 35A(2) and (3)—delete subsections (2) and (3)
7—Amendment of
section 35B—Weekly payments after expiry of designated entitlement
period—no work capacity
(1) Section 35B(1)—delete "third" and substitute:
designated
(2) Section 35B(2)—delete "80% of"
(3) Section 35B(2)—delete "third" and substitute:
designated
(4) Section 35B(4)—delete "section 35A(3)" and substitute:
section 35A(1)
(5) Section 35B(5)—delete "third" and substitute:
designated
8—Amendment of
section 35C—Weekly payments after expiry of designated
periods—current work capacity
(1) Section 35C(1)—delete "section 35A(3)(b)" and
substitute:
section 35A(1)(b)
(2) Section 35C(1)—delete "third" and substitute:
designated
(3) Section 35C(2)—delete subsection (2) and substitute:
(2) The Corporation is to determine that the worker's entitlement to
weekly payments under this Division does not cease, as contemplated by
subsection (1), if the Corporation is satisfied—
(a) that the worker is in employment and that because of the compensable
disability the worker is incapable of undertaking further or additional
employment or work which would increase the worker's current weekly earnings;
or
(b) that the worker is in employment and that the worker is taking
reasonable steps to secure further or additional employment or work up to his or
her level of work capacity.
(4) Section 35C(3)(b)—delete "subsection (2) on the ground that the
Corporation is not satisfied under the requirements of that subsection" and
substitute:
paragraph (a) of subsection (2) on the ground that the Corporation is not
satisfied under the requirements of that paragraph
(5) Section 35C(4)—delete "80% of"
(6) Section 35C—after subsection (5) insert:
(6) Furthermore, the Corporation may not determine that a worker's
entitlement to weekly payments under this Division will cease at the end of the
designated entitlement period under section 35A or at the expiry of an
entitlement under section 35B (as the case may be), including after taking into
account the operation of a preceding subsection, unless or until the Corporation
can demonstrate that it has—
(a) taken reasonable steps to find suitable employment for the worker over
a reasonable period of time; and
(b) taken reasonable steps to prepare the worker for a return to
employment up to his or her level of work capacity (including, if relevant, by
providing reasonable access to retraining).
9—Amendment of
section 36—Discontinuance of weekly payments
Section 36(3a)(ba) and (bb)—delete paragraphs (ba) and (bb) and
substitute:
(ba) where a decision to discontinue weekly payments is made on account of
the end of the designated entitlement period under section 35A; or
10—Amendment
of section 42—Redemption of liabilities
Section 42—after subsection (2) insert:
(2a) Subsection (2)(e) does not apply if the agreement under this section
is to be between a worker and a self-insured employer.
11—Amendment of
section 66—Imposition of levies
Section 66—after subsection (6) insert:
(6a) However, the Corporation must not increase a percentage applicable to
a particular class of industry unless—
(a) the Minister has—
(i) released to the public a paper prepared by the Corporation outlining
the proposed increase and the Corporation's reasons for proposing the increase;
and
(ii) invited, by notice in a newspaper circulating generally throughout
the State, the public to make written submissions on the proposed increase
within a period (of at least 4 weeks) specified in the notice; and
(iii) prepared and caused to be laid before both Houses of Parliament a
report summarising the submissions received within the period specified under
subparagraph (ii) and outlining the extent of the increase being proposed
by the Corporation as a result of these processes; and
(b) the increase has been approved by a resolution passed by both House of
Parliament.
Section 76AA—delete the section
Schedule
1—Transitional provisions
in this Schedule—
principal Act means the Workers Rehabilitation and
Compensation Act 1986;
relevant day means the day on which this Act comes into
operation.
(1) The amendments effected by sections 5 to 9 (inclusive) of this Act
apply to workers who suffer compensable disabilities on or after the relevant
day.
(2) In addition, the amendments effected by those sections extend to
workers who suffered compensable disabilities on or after 1 July 2008 so as to
increase any entitlement to weekly payments under the principal Act from the
relevant day to the extent provided by those amendments (but not so as to
provide for any retrospective entitlement).