South Australian Consolidated Regulations South Australian Consolidated Regulations3C—Rehabilitation and return to work co-ordinators—exemptions from
requirements
(1) Subject to
subregulation (2), an employer is exempt from the requirement to appoint
a co-ordinator under section 28D of the Act—
(a) in
respect of a particular financial year if—
(i)
the employer, as at the relevant time, employs fewer than
30 workers; or
(ii)
the employer, as at the relevant time, holds an exemption
from the Corporation under this paragraph granted on the ground that the
Corporation is satisfied—
(A) that the employer reasonably expects
not to employ 30 or more workers during the financial year for any continuous
period of 3 (or more) months; and
(B) that in the particular circumstances it
is appropriate to grant the exemption; or
(b) in
respect of part of a particular financial year if—
(i)
the employer, at a particular time during the financial
year, employs fewer than 30 workers; and
(ii)
the employer obtains an exemption from the Corporation
under this paragraph on the ground that the Corporation is satisfied that it
is appropriate in the circumstances to grant the exemption.
(2) An exemption under
subregulation (1) ceases to apply if at any time the employer employs
30 or more workers for a continuous period of 3 (or more) months.
(3) If an exemption
ceases to apply under subregulation (2), the employer must appoint a
person to the office of co-ordinator within 3 months after the cessation
of the exemption.
(4) An employer is
exempt from the requirement set out under section 28D(2)(a) of the
Act—
(a) in
respect of a particular financial year if—
(i)
the employer, as at the relevant time, holds an approval
from the Corporation under this paragraph granted on the ground that the
employer is a member of a group or association recognised by the Corporation
for the purposes of this provision; and
(ii)
the employer complies with any requirements determined by
the Corporation for the purposes of this provision; or
(b) in
respect of part of a financial year if—
(i)
the employer, during the financial year, obtains an
approval from the Corporation under this paragraph on the ground that the
employer has become a member of a group or association recognised by the
Corporation for the purposes of this provision; and
(ii)
the employer complies with any requirements determined by
the Corporation for the purposes of this provision.
(5) The Corporation
may vary or revoke an approval or determination under subregulation (4).
(6) In this
regulation—
"relevant time", in relation to an employer, means—
(a)
unless paragraph (b) applies—the commencement of each financial
year;
(b) if
the employer is not (or was not) subject to the operation of this Act at the
commencement of a particular financial year—the time at which the
employer becomes subject to the operation of this Act.