ReturntoWorkSA

In reply to the Hon. J.R. RAU (Enfield) (21 September 2018). (Estimates Committee B)

The Hon. R.I. LUCAS (Treasurer): ReturnToWorkSA has advised in response to the following questions:

What were the total legal expenses for the scheme in 2017-18?

For the registered scheme, the total legal expenses paid in 2017-18 was $31,595,828.

What were the legal costs paid to workers or their representatives for 2017-18?

For the registered scheme, the total legal expenses paid to workers or their representatives in 2017-18 was $10,423,749.

What were the legal costs paid to employers or their representatives for 2017-18?

For the registered scheme, the total legal expenses paid to employers or their representatives in 2017-18 was $1,784,590.

What were the legal expenses of the corporation for 2017-18?

ReturnToWorkSA's legal expenses, including those for its claims agents, for 2017-18 was $19,387,489.

How many workers reached the 2 year limit of their income entitlement period in 2017-18?

In 2015-16, RTWSA received 14,159 claims, this is the total pool of claims of which their income support entitlement would have ceased sometime in the 2017-18 financial year should they still not be working.

Of those, 460 claims (3%) reached the end of their entitlement period—that is, the people who ran all the way to the end of the two-year limit and lost an ongoing income support entitlement. This excludes fatality and serious injury claims.

The South Australian Employment Tribunal has advised in response to the following questions:

What was the number of disputes lodged by workers in 2017-18?

In 2017-18 there were 4783 applications lodged by workers. All were under the current scheme. Of those, 3,337 were applications for review, 1,402 were applications for an expedited decision and 44 were suitable employment applications. In addition, there were 29 applications for review and 7 applications for an expedited decision filed by a worker's dependent(s).

How many are resolved at conciliation within 3, 6 months or whatever it might be?

Of all Return to Work Act 2014 matters lodged in 2017-18, 3246 have been resolved at conciliation: 2,780 were resolved within 3 months of lodgement, 437 were resolved between 3 and 6 months from lodgement and 29 were resolved more than six months after lodgement.

How many of them go on to be a contested matter within the Employment Tribunal?

Of all Return to Work Act 2014 matters lodged in 2017-18, 1,504 were referred to a presidential member for hearing and determination.

How many of those ultimately wind up going on appeal?

Of all Return to Work Act 2014 matters lodged in 2017-18, 18 decisions of a presidential member have been appealed to the Full Bench of the South Australian Employment Court. It is too early to report on the ultimate number of matters that will be appealed, however in 2017-18 the Full Bench of the Court delivered 26 decisions on Return to Work Act 2014 appeals. In that same year there were 12 appeals to the Full Court of the Supreme Court.

Can you provide any information about a member of the Tribunal making a determination in a particular matter and that determination is, upon appeal overturned?

Of the 26 Return to Work Act 2014 appeal decisions delivered in 2017-18 by the Full Bench of the Court, 8 appeals were dismissed and 18 were upheld or partially upheld.

Could the number of appeals be broken down between a successful appeal on the basis of an issue of fact as opposed to an issue of law?

Pursuant to s26I of the South Australian Employment Tribunal Act 2014, an appeal from a decision of the Tribunal under the Return to work Act 2014 (other than in the exercise of its criminal jurisdiction) will be limited to a question of law, therefore all appeals have been on questions of law.

Can you provide the number of disputes lodged by employers in 2017-18?

In 2017-18 there were 98 applications lodged by employers. Of those, 93 were applications for review and 5 were applications for an expedited decision.

How many have been successful, unsuccessful and so forth?

SAET does not keep data on the content of settlements or decisions so is unable to answer this question.