South Australian Current Acts South Australian Current ActsSchedule 5—Provisions of local application
1—Provision of
information by RTWSA
(1) RTWSA will, to the
extent required by a scheme established by the Minister after consultation
with RTWSA, furnish to the advisory committee and the Department, in
accordance with the terms of the scheme, any of the following information
obtained by RTWSA in the performance or exercise of its functions or powers
under a related Act:
(a)
information about any work-related injury, or about any specified class of
work-related injury, reported to or investigated by RTWSA;
(b) the
steps being taken by any employer, or any employer of a specified class, to
protect employees from injury or risks to health, safety or welfare, or to
assist in the rehabilitation of employees who have suffered injuries in
connection with their work;
(c)
information relating to the cost or frequency of claims involving a particular
employer, or class of employers, so as to allow comparisons between employers
in a particular industry, or part of an industry;
(d) the
outcome of any investigation, inquiry or other action undertaken by RTWSA;
(e)
other information of a kind prescribed by the regulations.
(2) To avoid doubt,
section 185 of the Return to Work Act 2014 does not apply in
relation to the disclosure of information under subclause (1).
(3) In this
clause—
related Act means—
(a) the
Return to Work Act 2014 ; or
(b) the
Return to Work Corporation of South Australia Act 1994 .
(1) Subject to
subclause (2), a person who is required to be registered as an employer
under the Return to Work Act 2014 is also required to be registered under
this Act.
(2) A person is not
required to be registered if the person is exempt from the obligation to be
registered by the regulations.
(3) RTWSA will
undertake registrations under this clause in conjunction with the registration
of employers under the Return to Work Act 2014 .
(4) A periodical fee
is payable in relation to a registration under this clause.
(5) Subject to this
clause, the amount of the fee will be set by RTWSA—
(a)
taking into account the criteria prescribed by or under subclause (6);
and
(b) on
the basis that the total amount paid to RTWSA for a particular financial year
by persons registered under this clause should, so far as is
reasonably practicable, equal the prescribed amount for that financial year.
(6) For the purposes
of subclause (5)(a), the criteria to be taken into account are—
(a) that
the fee or fees paid by a particular person should reflect the aggregate
remuneration paid to the person's employees in each class of industry in which
the person employs employees; and
(b) that
the fee or fees paid by a person in a particular industry should reflect the
risk of work-related injuries in that industry; and
(c) that
the fee or fees paid by a particular person over a particular financial year
should reflect any matters taken into account by RTWSA under section 139
of the Return to Work Act 2014 for the purposes of the calculation or
imposition of a premium under that Act,
and such other criteria as may be prescribed by the regulations (which
regulations may, if they so provide, revoke or replace any of the criteria
referred to above).
(7) A prescribed
percentage of the prescribed amount for a particular financial year will be
payable to the Department in accordance with guidelines established by the
Treasurer to be applied towards the costs associated with the administration
of this Act.
(8) The prescribed
amount for a financial year will be an amount fixed for that financial year by
the regulations (but if any such regulation is not made before the
commencement of the relevant financial year, or is disallowed or revoked, then
the prescribed amount for that financial year will be the amount that applied
under this clause for the preceding financial year).
(9) Subclause (5)(b)
is subject to the following qualifications:
(a) if
the total amount paid under this clause for a particular financial year
exceeds the prescribed amount for that year, the amount that is sought to be
recovered under subclause (5)(b) for the next financial year should be
the prescribed amount for that year less the amount of that excess;
(b) if
the total amount paid under this clause for a particular financial year is
less than the prescribed amount for that year, the amount that is sought to be
recovered under subclause (5)(b) for the next financial year should be
the prescribed amount for that year plus the amount of that deficiency.
(10) A fee imposed
under this clause will be payable to RTWSA in accordance with the regulations.
(11) If a person fails
to pay a fee, or the full amount of a fee, in accordance with the regulations,
RTWSA may recover the unpaid amount as if it were unpaid premium under
Part 9 of the Return to Work Act 2014 .
(12) The Department is
entitled to information provided to RTWSA for the purposes of this clause.
(13) A person who
fails to comply with this clause is guilty of an offence.
Maximum penalty: $10 000.
(1) There will be an
Executive Director.
(2) The
Executive Director is to be an employee in the Public Service of the State
appointed to the office of Executive Director by the Governor.
(3) The Minister may
assign an employee in the Public Service to act as the
Executive Director—
(a)
during a vacancy in the office of the Executive Director; or
(b) when
the Executive Director is absent from, or unable to discharge, official
duties.
(4) Subject to
subclause (5), the Minister may give directions to the
Executive Director.
(5) The Minister may
not give directions to the Executive Director in respect of the exercise of
powers and functions under this Act.