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 Conflict of interest under Public Sector (Honesty and Accountability) Act

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--Injury prevention programmes

• 29 Prevention programmes

PART 4--Compensation

Division 1--Conditions under which injury is compensable

• 30 Compensability of injuries
• 30A Psychiatric injuries
• 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 injury
• 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 injury

• 50A Interpretation
• 50B Commencement of weekly payments following initial notification of injury
• 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 injuries and claims for compensation

• 51 Duty to give notice of injury
• 52 Claim for compensation
• 53 Determination of claim

Division 9--Miscellaneous

• 54 Limitation of employer's liability
• 55 Prohibition of double recovery of compensation
• 57 Compensation payable in respect of injuries 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 injury claims
• 58AB Claims to which Subdivision applies
• 58AC What constitutes injury 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 and changes in details for registration
• 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 Compensation Fund

Division 4--WorkCover premium requirements

• 65 Preliminary
Subdivision 2--Premiums (terms and conditions)
• 66 Premiums (terms and conditions)
Subdivision 3--Premiums (general principles)
• 67 Liability to pay premiums
• 68 Employer categories
• 69 Classes of industry
• 70 Industry rates and base premiums
Subdivision 4--Premiums (calculation and application)
• 71 Premiums
• 72 Premium stages
• 72A Grouping provisions

Division 5--Self-insured employers--fees

• 72B Self-insured employers--fees

Division 6--Remissions and supplementary payments

• 72C Remissions and supplementary payments

Division 7--Administration of premiums/fees scheme

• 72D Interpretation
• 72E Provision of information (initial calculations)
• 72F Provision of information (on-going requirements)
• 72G Revised estimates or determinations
• 72H Further adjustments
• 72I Deferred payment
• 72J Recovery on default
• 72K Penalty for late payment
• 72L Exercise of adjustment powers
• 72M Review
• 72N Payments to be made to Corporation
72OGST
• 72P Transfer of business
• 72Q 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 Certificate of registration
• 76AA Discontinuance fee

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

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 Injuries 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
• 1 Interpretation
• 2 Application of repealed Act
• 3 Exempt employers
• 4 Mining and Quarrying Industries Fund
• 5 Statutory Reserve Fund
5A. Insurance Assistance Fund 5B. Investment of, and dealings with, the Funds 5C. Entitlement to documents 5D. Compensation payable to domestic partner on death of worker 5E. Additional transitional provisions
• 6 Acts Interpretation Act
Schedule 2--Injuries presumed to arise from employment Schedule 2A--Injuries presumed to arise from employment as a firefighter 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
• 1 Interpretation
• 2 Adjacent areas
Legislative history The Parliament of South Australia enacts as follows: