South Australian Consolidated Acts South Australian Consolidated Acts (1) A disability is
not compensable unless it is established on the balance of probabilities that
it arises from employment.
(2) However, if a
worker suffers a disability of a kind referred to in the first column of
Schedule 2 and has been employed in work of a type referred to in the second
column of Schedule 2 opposite the disability, the worker's disability is
presumed, in the absence of proof to the contrary, to have arisen from that
employment.
(3) A regulation made
on the recommendation, or with the approval, of the Corporation or the
Advisory Committee may extend the operation of subsection (2) to
disabilities and types of work prescribed in the regulation.
(4) Where a worker
retires or is retired from employment on account of age or ill-health and the
worker makes a claim for noise induced hearing loss after the expiration of
two years from the date of the retirement, subsection (2) does not apply
in relation to that claim.
(5) Where—
(a) a
worker's disability consists of the aggravation, acceleration, exacerbation,
deterioration or recurrence of a pre-existing coronary heart disease; and
(b) the
disability arises in the course of employment,
it will be presumed, in the absence of proof to the contrary, that the
employment contributed to the disability.