In 2014 South Australia introduced the Return to Work scheme, helping injured employees recover and get back to work.
The Return to Work Act 2014 established the Return to Work scheme. It provides the framework for the delivery of support and services to people who have suffered a work injury to assist them to recover from their injury and return to work.
The Act also outlines employer insurance registration and premium collection provisions, as well as the dispute resolution system.
The Act details the roles and obligations of workers, employers and ReturnToWork SA in supporting recovery and return to work. The Return to Work Regulations 2015 provides more detail on different aspects of the Act.
Return To Work SA was established through the Return to Work Corporation of South Australia Act 1994.
Return to Work legislation
This Act sets out ReturnToWorkSA's objectives, powers, duties, functions, status and interaction with other bodies.
The legislation is at Return to Work Act 2014
Return to Work Regulations 2015 (NO 29 OF 2015)
The workers compensation scheme came into effect in South Australia on 1 July 2015.
This legislation replaced:
- Workers Rehabilitation and Compensation Act 1986
- Workers Rehabilitation and Compensation (General) Regulation 1999
Application
The Act detailed new criteria for workplace injuries and trauma from 1 July 2015.
In such cases, the employment must be “a significant contributing cause of the injury”. In the case of a psychiatric injury, the employment must be “the significant contributing cause of the injury”.
Generally, the entitlement to weekly payments ceases after two years. However, weekly payments may however be continued to be paid to a “seriously injured worker”.
Impairment
Workers who suffer a permanent impairment in relation to physical injury and who achieve a whole person impairment of 5% or more, continue to be entitled to receive a separate lump sum payment for non-economic loss.
Alternative employment
There is an onus on employers to provide alternative employment for injured workers. If an employer fails to provide suitable employment requested by an injured worker within a reasonable time, that worker can apply to the new SA Employment Tribunal for an Order that the employer provides suitable employment.