Return To Work Act

In reply to the Hon. T.A. FRANKS (27 September 2016).

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety): The Minister for Industrial Relations has been provided the following advice:

A decision made by a compensating authority in reliance on transitional provisions is a reviewable decision like any other decision made pursuant to the Return to Work Act 2014 (the act).

A worker in receipt of a decision based upon an interpretation of the transitional provisions they disagree with may lodge an application for review in the South Australian Employment Tribunal.

They must be mindful of the time limits within which they are required to lodge their application for review. They may, in the course of the dispute resolution proceedings, advance an argument based on an interpretation of the transitional provisions that they say is consistent with parliament’s intention and supports the outcome they are seeking to achieve.

While a review of the efficacy and fairness of the transitional provisions is a valuable and worthy exercise, it will not address decision-making based upon inaccurate and improper interpretation of the act. This falls squarely within the remit of the South Australian Employment Tribunal.