South Australian Consolidated Acts

WORKERS REHABILITATION AND COMPENSATION ACT 1986

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Objects of Act
   3.      Interpretation
   4.      Average weekly earnings
   5.      Act to bind Crown
   6.      Territorial application of Act
   6A.     Determination of State with which worker's employment is connected in proceedings under this Act
   6B.     Recognition of previous determinations

   PART 2--The Workers Rehabilitation and Compensation Advisory Committee

   7.      Advisory Committee
   8.      Functions of Advisory Committee
   9.      Terms and conditions of office
   10.     Allowances and expenses
   11.     Proceedings etc of the Advisory Committee
   12.     Confidentiality
   13.     Immunity of members of Advisory Committee

   PART 3--Rehabilitation and accident prevention programmes

           Division 1--Rehabilitation

   26.     Rehabilitation programmes
   27.     Clinics and other facilities
   28.     Rehabilitation advisers
   28A.    Rehabilitation and return to work plans
   28B.    Review of plan
   28C.    Rehabilitation standards and requirements
   28D.    Rehabilitation and return to work co-ordinators

           Division 2--Disability prevention programmes

   29.     Prevention programmes

   PART 4--Compensation

           Division 1--Conditions under which disability is compensable

   30.     Compensability of disabilities
   30A.    Psychiatric disabilities
   30B.    Effect of misconduct etc
   31.     Evidentiary provision

           Division 2--Compensation for medical expenses etc

   32.     Compensation for medical expenses
   32A.    Special provisions for payment of medical expenses after initial notification of disability
   33.     Transportation for initial treatment

           Division 3--Compensation for property damage

   34.     Compensation for property damage

           Division 4--Compensation by way of income maintenance

   35.     Preliminary
   35A.    Weekly payments over designated periods
   35B.    Weekly payments after expiry of designated periods--no work capacity
   35C.    Weekly payments after expiry of designated periods--current work capacity
   36.     Discontinuance of weekly payments
   37.     Adjustments due to change from original arrangements
   38.     Review of weekly payments
   39.     Economic adjustments to weekly payments
   40.     Weekly payments and leave entitlements
   41.     Absence of worker from Australia

           Division 4A--Redemption

   42.     Redemption of liabilities

           Division 5--Compensation for non-economic loss

   43.     Lump sum compensation
   43A.    Assessment of impairment
   43B.    No disadvantage--compensation table

           Division 6--Compensation payable on death

   44.     Compensation payable on death--weekly payments
   45.     Review of weekly payments
   45A.    Compensation payable on death--lump sums
   45B.    Funeral benefit
   45C.    Counselling services

           Division 7--Liability to pay compensation

   46.     Incidence of liability
   47.     Augmentation of weekly payment in consequence of delay
   48.     Payments by Corporation on behalf of defaulting employer
   49.     Corporation may undertake employer's liability to make weekly payments
   50.     Corporation as insurer of last resort

           Division 7A--Special provisions for commencement of weekly payments after initial notification of disability

   50A.    Interpretation
   50B.    Commencement of weekly payments following initial notification of disability
   50C.    Status of payments
   50D.    Worker to be notified if weekly payments are not commenced
   50E.    Notice of commencement of weekly payments
   50F.    Obligations of worker
   50G.    Liability to make weekly payments not affected by making of claim
   50H.    Set-offs and rights of recovery
   50I.    Status of decisions

           Division 8--Notices of disabilities and claims for compensation

   51.     Duty to give notice of disability
   52.     Claim for compensation
   53.     Determination of claim

           Division 9--Miscellaneous

              Subdivision 1--Limitations on liability

   54.     Limitation of employer's liability
   55.     Prohibition of double recovery of compensation
   57.     Compensation payable in respect of disabilities arising from employment on ships
   58.     Certain sporting injuries not to be compensable

              Subdivision 2--Choice of law

   58AA.   The applicable substantive law for work disability claims
   58AB.   Claims to which Subdivision applies
   58AC.   What constitutes disability and employment
   58AD.   Claim in respect of death included
   58AE.   Meaning of substantive law
   58AF.   Availability of action in another State not relevant

              Subdivision 3--Other matters

   58A.    Reports of return to work etc
   58B.    Employer's duty to provide work or pay wages
   58C.    Notice of termination of employment to be given in certain cases

   PART 5--Registration and funding

           Division 1--Registration of employers

   59.     Registration of employers
   60.     Self-insured employers
   61.     The Crown and certain agencies to be self-insured employers
   62.     Applications
   62A.    Ministerial appeal on decisions relating to self-insured employers

           Division 2--Delegation to self-insured employers

   63.     Delegation to self-insured employer

           Division 3--The Compensation Fund

   64.     The Compensation Fund

           Division 4--Imposition of levies

   65.     Preliminary
   66.     Imposition of levies
   67.     Adjustment of levy in relation to individual employers

           Division 5--Special levy for self-insured employers

   68.     Special levy for self-insured employers

           Division 6--Payment of levies

   69.     Initial payment
   69A.    Revised estimates of remuneration by employers
   69B.    Certificate of remuneration
   69C.    Revised estimates of remuneration by Corporation
   69D.    Statement for reconciliation purposes
   69E.    Adjustment of levy
   69F.    Deferred payment of levy
   69G.    Exercise of adjustment powers

           Division 7--Recovery of levies and fines

   70.     Recovery on default
   71.     Penalty for late payment
   72.     Review
   72A.    Reasonable mistake about application of Act

           Division 8--Miscellaneous

   73.     Separate accounts
   74.     Liability to keep accounts
   75.     Person ceasing to be an employer
   76.     Proof of registration
   76AA.   Discontinuance fee
   76A.    Recovery of levy

   PART 6--Workers Compensation Tribunal

           Division 1--Establishment of Tribunal

   77.     Establishment of Tribunal
   77A.    Seal

           Division 2--Constitution of the Tribunal

   78.     Constitution of Tribunal
   78A.    Full Bench
   78B.    Exercise of Tribunal's powers by the Registrar

           Division 3--Jurisdiction of the Tribunal

   79.     Jurisdiction

           Division 4--The presidential members

   80.     The President
   80A.    The Deputy Presidents

           Division 5--Conciliation officers

   81.     Appointment of conciliation officers
   81A.    Conditions of appointment
   81B.    Administrative responsibilities of conciliation officers

           Division 6--Administrative and ancillary staff

   82.     Administrative and ancillary staff
   82A.    Appointment etc of the Registrar
   82B.    Responsibilities of administrative and ancillary staff

           Division 7--Sittings and distribution of business

   83.     Time and place of sittings
   83A.    Adjournment from time to time and from place to place

           Division 8--Evidence

   84.     Tribunal not to be bound by evidentiary rules
   84A.    Power to require attendance of witnesses and production of evidentiary material
   84B.    Power to compel the giving of evidence
   84C.    Entry and inspection of property
   84D.    Issue of evidentiary summonses

           Division 9--General principles and rules

   85.     Principles of equity and good conscience
   85A.    Hearings to be in public
   85B.    Representation

           Division 10--Appeals and references of questions of law

   86.     Appeal on question of law
   86A.    Reference of question of law and final appeal to Supreme Court

           Division 11--Enforcement of judgments

   87.     Certified copy of judgment or order
   87A.    Enforcement of judgments and orders

           Division 12--Miscellaneous

   88.     Immunities
   88A.    Contempts of Tribunal
   88B.    Punishment of contempts
   88C.    Miscellaneous provisions about legal process
   88D.    Service
   88DA.   Power to enlarge scope of proceedings
   88E.    Rules
   88F.    Costs of proceedings
   88G.    Recovery of costs of representation
   88H.    Power to set aside judgments or orders
   88I.    Finality of the Tribunal's decisions

   PART 6A--Dispute resolution

           Division 1--Preliminary

   89.     Interpretation
   89A.    Reviewable decisions

           Division 2--Notice of dispute

   90.     Notice of dispute
   90A.    Time for lodging notice of dispute
   90B.    Notice to be given by Registrar

           Division 3--Initial reconsideration

   91.     Initial reconsideration
   91A.    Reference of disputes to conciliation

           Division 4--Conciliation proceedings

   92.     Assignment of presidential member or conciliation officer to preside at conciliation proceedings
   92A.    Obligation of conciliator
   92B.    Calling of conciliation conference
   92C.    Procedure in conciliation proceedings
   92D.    Reference of dispute into Tribunal

           Division 6--Judicial determination of dispute

   94A.    Constitution of Tribunal
   94B.    Pre-hearing conference
   94C.    Determination of dispute

           Division 7--Costs

   95.     Costs
   95A.    Costs liability of representatives

           Division 8--Ministerial intervention

   96.     Ministerial intervention

   PART 6B--Special jurisdiction to expedite decisions

   97.     Special jurisdiction
   97A.    Constitution of Tribunal for proceedings under this Part
   97B.    Powers of Tribunal on application
   97C.    Costs

   PART 6C--Medical Panels

           Division 1--Establishment and constitution

   98.     Establishment
   98A.    Constitution
   98B.    Procedures
   98C.    Validity of acts
   98D.    Immunity of members

           Division 2--Functions and powers

   98E.    Interpretation
   98F.    Functions
   98G.    Powers and procedures on a referral
   98H.    Opinions

           Division 3--Related matters

   98I.    Admissibility
   98J.    Support staff

   PART 6D--WorkCover Ombudsman

           Division 1--Appointment and conditions of office

   99.     Appointment
   99A.    Term of office and conditions of appointment
   99B.    Remuneration
   99C.    Temporary appointments

           Division 2--Functions and powers

   99D.    Functions
   99E.    Powers--general
   99F.    Obtaining information
   99G.    Power to examine witnesses etc

           Division 3--Other matters

   99H.    Independence
   99I.    Staff
   99J.    Funding
   99K.    Delegation
   99L.    Annual report
   99M.    Other reports
   99N.    Immunity

   PART 7--Miscellaneous

   103.    Extension of the application of this Act to self-employed persons
   103A.   Special provision for prescribed classes of volunteers
   105.    Insurance of registered employers against other liabilities
   106.    Payment of interim benefits
   106A.   Payment not to constitute an admission of liability
   107.    Employer may request progress report
   107A.   Copies of medical reports
   107B.   Worker's right of access to claims file
   108.    Medical examination at request of employer
   109.    Worker to be supplied with copy of medical report
   110.    Powers of entry and inspection
   111.    Inspection of place of employment by rehabilitation adviser
   112.    Confidentiality to be maintained
   112AA.  Confidentiality--employers
   112A.   Employer information
   113.    Disabilities that develop gradually
   114.    Certain payments not to affect benefits under this Act
   115.    No contribution from workers
   116.    Payment of compensation where worker in prison
   117.    Service of documents
   118.    Service of documents on the Corporation
   119.    Contract to avoid Act
   120.    Dishonesty
   120A.   Evidence
   122.    Offences
   122A.   Expiation fees
   123A.   Right of intervention
   123B.   Code of Claimants' Rights
   124.    Regulations
           SCHEDULE 1--Transitional provisions
           SCHEDULE 2--Disabilities presumed to arise from employment
           SCHEDULE 3--Minimum amounts of compensation according to degree of impairment under regulations
           SCHEDULE 3A--No disadvantage--non-economic loss compensation
           SCHEDULE 4--Adjacent areas
           Legislative history