Mansfield Review

In reply to Mr SZAKACS (Cheltenham) (18 November 2020). (Estimates Committee B)

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

ReturnToWorkSA has reviewed its data collection options for reporting against dispute outcomes as indicated in recommendation 3 of the Mansfield report.

Whilst ReturnToWorkSA is able to report the final outcome of decisions, including if the decision is confirmed, set aside, set aside and substituted, varied or discontinued at the various stages of dispute, this does not enable an assessment or recoding of whether the outcome was more or less favourable than the original disputed decision referred to in the Mansfield recommendation. ReturnToWorkSA has worked with the South Australian Employment Tribunal (SAET) to develop more comprehensive reporting on SAET outcomes. However this continues to be work in progress.

Most applications for review in the SAET are brought to conclusion by consent orders. Consent orders may reflect new information that comes to light after the disputed decision is made, and are often reached for commercial or other reasons unique to individual cases. As such, data about consent orders may not accurately reflect the disputed decision's merits.

ReturnToWorkSA continues to work with its claims agents and the South Australian Employment Tribunal to investigate further opportunities to enhance the information recorded about disputes.