New amendments create more supportive environment for workers, more clarity for employers

(05 November 2024)

New protections for injured workers have been delivered by the Return to Work (Employment and Progressive Injuries) Amendment Act 2024, the majority of which will come into effect on 1 December 2024.

Developed after extensive consultation by the Government of South Australia with unions, the legal profession, peak business organisations and self-insured bodies, the Act delivers a number of important outcomes including:

• improved choice and fairness in the calculation of average weekly earnings for injured workers suffering from dust diseases;
• a clear and concise definition of 'stabilised' which makes clear when a worker may seek a permanent impairment assessment;
• exceptions to the stabilised injury requirement for injured workers with terminal illnesses and conditions prescribed by regulation to ensure there is statutory clarity that these workers can undergo an assessment even though their condition may continue to deteriorate;
• clearer obligations for workers and employers with respect to suitable employment for injured workers with a current work capacity, helping to ensure employers do everything within their power to return a worker to work as soon as practicable;
• improved clarity for all parties where it’s necessary to pursue a suitable employment dispute at the South Australian Employment Tribunal (SAET), including the need for the SAET to consider backpay so workers aren’t out of pocket;
• employers are now entitled to have their legal costs paid for in suitable employment proceedings before the Tribunal in the same way as workers; and
• various other amendments to the suitable employment provisions in section 18 of the Return to Work Act (2014) to support and enhance delivery of return to work outcomes.

“These reforms reflect an ongoing commitment to support injured workers in their recovery and reintegration into the workforce and to provide employers with clarity around their obligations,” ReturnToWorkSA CEO Michael Francis said.

“We understand these changes will require a period of adjustment and we’re committed to helping everyone involved in the scheme understand what they mean and how they might need to respond.”

ReturnToWorkSA has created a dedicated web resource here that explains the changes in detail, while you can access the legislation at Return to Work (Employment and Progressive Injuries) Amendment Act 2024.

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Media contact details
Matthew Magarey – Manager Communication Services
Phone: 0417 953 017
Email: matthew.magarey@rtwsa.com