South Australian Consolidated Regulations South Australian Consolidated Regulations8—Recovery of certain amounts paid to workers
(1) These regulations
apply in relation to the Corporation's ability to recover or set off an amount
under section 32A(8), 36(5c), (6) or (7), 42B(5) or 50H(2) of the Act.
(2) Subject to
subregulation (3), the Corporation must—
(a)
commence proceedings to recover an amount due to the Corporation as a debt; or
(b)
exercise a right of set off under section 32A(8)(b), 36(5c)(b) or
42B(5)(b) of the Act,
within two years after the date on which the Corporation becomes entitled to
take action under the Act.
(3) If the Corporation
is satisfied on reasonable grounds that the worker provided false or
misleading information to the Corporation, the Corporation may commence the
proceedings or exercise the right of set off referred to in
subregulation (2) at any time within 10 years after the date on which the
Corporation becomes entitled to take action under the Act.
(4) The Corporation
may, according to what is reasonable in the circumstances of the particular
case, recover an amount under section 32A(8)(a), 36(5c)(a), (6) or (7),
42B(5)(a) or 50H(2) of the Act—
(a) as a
single lump sum; or
(b) by
periodic payments; or
(c) by a
combination of a lump sum and periodic payments; or
(d) in
some other manner agreed between the Corporation and the worker.
(5)
Subregulation (4) operates subject to the following qualifications:
(a) the
Corporation cannot require that a worker make periodic payments in excess of
10 per cent of the worker's net income for the period over which those
payments are to be made without the agreement of the worker; and
(b) the
Corporation may, in its absolute discretion, waive (absolutely or subject to
such conditions as the Corporation thinks fit) the whole or any part of an
amount that it is entitled to recover if—
(i)
the Corporation is satisfied that the worker is
experiencing severe financial hardship, or it appears appropriate to do so on
account of any other special circumstances peculiar to the worker; or
(ii)
the Corporation considers that it is appropriate to do so
after the Corporation has balanced the likely costs that would be associated
with recovering the amount against the amount itself; and
(c)
unless the Corporation is satisfied on reasonable grounds that the worker has
provided false or misleading information to the Corporation, the Corporation
must grant the following remissions if the total amount payable is repaid
within the following periods:
(i)
a 15% remission if the total amount is repaid within 1
month of the date on which the worker first receives a written notification of
the amount that the worker is liable to pay;
(ii)
a 10% remission if the total amount is repaid within
6 months of the date on which the worker first receives a written
notification of the amount that the worker is liable to pay.
(6) If a worker has
made a periodic payment to the Corporation under subregulation (4), the
Corporation must, within a reasonable time after the end of the financial year
in which the payment is made, furnish the worker with a statement that sets
out—
(a) the
total amount paid by the worker during that financial year; and
(b) the
amount left to be paid (if any),
and must furnish a final statement when the debt is extinguished.
(7) In this
regulation—
"net income" of a worker means income after an appropriate deduction is made
for any income tax payable by the worker.