South Australian Current Regulations

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RETURN TO WORK REGULATIONS 2015

- under the Return to Work Act 2014

TABLE OF PROVISIONS

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Indexation

   PART 2--Key principles, concepts and requirements

   5.      Contract of service and other terms (section 4 of Act)
   6.      Exclusions (section 4 of Act)
   7.      Federal minimum wage
   8.      Indexation (section 4 of Act)
   9.      Average weekly earnings (section 5 of Act)
   10.     Designated courts (section 12 of Act)
   11.     Notice of injury (section 16 of Act)
   12.     Employer's duty to provide work (section 18 of Act)
   13.     Interim decision (section 21 of Act)

   PART 3--Recovery/return to work

   14.     Interpretation
   15.     Standards and requirements--recovery/return to work plan (section 25 of Act)
   16.     Amendment to recovery/return to work plan
   17.     Review of recovery/return to work plan
   18.     Return to work co-ordinators--exemptions from requirements (section 26 of Act)

   PART 4--Financial benefits

   19.     Certification by designated person (section 30 of Act)
   20.     Notices
   21.     Medical expenses--accommodation costs (section 33 of Act)
   22.     Medical expenses--application for approval (section 33 of Act)
   23.     Medical expenses--period of entitlement (section 33(21) of Act)
   24.     Transportation for initial treatment (section 34 of Act)
   25.     Compensation for property damage (section 35 of Act)
   26.     Supplementary income support (section 40 of Act)
   27.     Federal minimum wage adjustment scheme (section 42 of Act)
   28.     Rate of interest payable on weekly payments in arrears (section 48 of Act)
   29.     Recovery of certain amounts paid to workers (section 48 of Act)
   30.     Absence from Australia (section 51 of Act)
   31.     Prescribed limits on costs--provision of professional advice (section 53 of Act)
   32.     Prescribed limits on costs--provision of professional advice (section 54 of Act)
   32A.    Prescribed limits on costs--provision of advice (section 56A of Act)
   32B.    Prescribed limit (section 56A(16) of Act)
   33.     Prescribed limits on costs--provision of professional advice (section 66 of Act)
   34.     Lump sum compensation (section 58 of Act)
   35.     Compensation payable on death (sections 59, 61 and 62 of Act)
   36.     Exemption from 2 weeks of payments (section 64 of Act)
   37.     Payments by Corporation on behalf of defaulting employers (section 64 of Act)
   38.     Rate of interest payable on weekly payments in arrears (section 65 of Act)

   PART 5--Common law

   39.     Seriously injured worker--election to claim or enter into agreement (section 73 of Act)
   40.     Prescribed costs--obtaining advice (section 73)
           41. Costs in relation to action for damages
   42.     Meaning of substantive law (section 91 of Act)

   PART 6--Dispute resolution

   43.     Nomination of person to reconsider a disputed decision (section 102 of Act)
   44.     Costs (section 106(1) of Act)
   45.     Medical evidence

   PART 7--Special jurisdiction to expedite decisions

   46.     Special jurisdiction (section 113 of Act)
   47.     Costs (section 116 of Act)

   PART 8--Independent medical advice

   48.     Appointment of independent medical advisers (section 118 of Act)
   49.     Referral by Tribunal or court (section 121 of Act)

   PART 9--Registration and funding

   50.     Registration of employers (section 128 of Act)
   51.     Prescribed terms and conditions--self-insured employers (section 129 of Act)
   52.     Agencies of the Crown (section 130 of Act)
   53.     Registration--self-insured employers (section 131 of Act)
   54.     Changes in details for registration (section 132 of Act)
   55.     Compensation Fund (section 135 of Act)
   56.     Industry rates (section 142 of Act)
   57.     Remission of premium (section 144 of Act)
   58.     Limit on fine (section 145(6)(b) of Act)
   59.     Recovery on default (section 154 of Act)
   60.     Penalty for late payment (section 155 of Act)
   61.     Insurance of registered employers against other liabilities (section 166 of Act)
   62.     Insurer of last resort (section 167 of Act)

   PART 10--Miscellaneous

   63.     Access to claim file (section 180 of Act)
   64.     Medical examination requested by employers (section 181 of Act)
   65.     Disclosure of information (section 185 of Act)
   66.     Disclosure of information (section 186 of Act)
   67.     Noise induced hearing loss (section 188 of Act)
   68.     Expiation of section 128 offences (section 199 of Act)
   69.     Volunteers (Schedule 1 of Act)

   PART 11--Transitional provisions (Schedule 9 Part 9 of Act)

   70.     Prescribed clauses (clause 27)
   71.     Prescribed rate (clause 39)
   72.     Prescribed rate (clause 59)
           SCHEDULE 1--Scale of entitlements--section 58(4) of Act
           SCHEDULE 2--Forms
           SCHEDULE 3--Self-insured employers terms and conditions of registration
           SCHEDULE 4--Terms and conditions for insurance of employers (section 166 of Act)
           Legislative history


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