ReturnToWorkSA

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

The Hon. R.I. LUCAS (Treasurer): I have been advised of the following:

ReturnToWorkSA is occasionally required to respond to unmeritorious applications for review of reviewable decisions. Alternatively, a party to proceedings may persist unreasonably with review proceedings, in the absence of evidence which supports their position or in spite of the assessment or recommendation of a member of the tribunal under section 43(13) of the South Australian Employment Tribunal Act 2014.

In these circumstances, the ReturnToWorkSA puts the litigant on notice as to costs. ReturnToWorkSA may then make submissions to the tribunal that the litigant has either acted unreasonably or acted frivolously or vexatiously in lodging the dispute, or in relation to the conduct of proceedings before the tribunal. In those circumstances, ReturnToWorkSA asks the tribunal to exercise its discretion to decline to make an award of costs in favour of the party, or to make an award of costs against the party or to reduce the amount of the award of costs to which the party would otherwise have been entitled in accordance with section 106 of the Return to Work Act 2014.

ReturnToWorkSA has had some success with this approach. Additionally, the corporation has successfully opposed costs on a number of unmeritorious applications for expedited decision brought under part 7 of the Return to Work Act 2014.