Impairment Assessment Guidelines

In reply to Mr SZAKACS (Cheltenham) (28 July 2021). (Estimates Committee B)

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

Firstly I would like to clarify that ReturnToWorkSA did not provide me with'preliminary recommendations'.

ReturnToWorkSA collects data and feedback on an ongoing basis with respect to the operation of the Impairment Assessment Guidelines(the Guidelines). This data, over time, indicated a need to update the guidelinesto deliver greater clarity, consistency, and transparency, and to reflect relevant medical and clinical advancements and refinements.

ReturnToWorkSA, in addition to appropriately trained in-house staff, sought external expert medical advice to inform them in drafting a set of proposed changes that could be put out for consultation in accordance with the requirements of the Return to Work Act2014.

Those proposed changes were provided to me with a request for approval to consult on my behalf. I approved a broader consultation than that required by the act and the proposed changes were distributed for feedback on 28 May 2021. No consultants were retained by ReturnToWorkSA as part of this process.

As you would be aware, on 24 August 2021 the state government published the updated impairment assessment guidelines, which incorporated extensive consultation and community feedback, resulting in amendments to more than 30 of the over 70 proposed substantive changes, removal of any set deduction in benefits for pre-existing injury and protection of worker choice of assessor.

With respect to the medical experts who informed the original proposed changes, I am advised that ReturnToWorkSA is seeking their permission to publish their names on the ReturnToWorkSA website and that at the time of preparing this advice the majority had provided their permission.

I also understand your office has made a freedom of information request to my office and ReturnToWorkSA, and that a response will be provided in due course.