Legislative Council: Tuesday, May 30, 2017

Contents

Workers Compensation

The Hon. R.I. LUCAS (14:45): I seek leave to make an explanation prior to directing a question to the Minister for Police on the subject of workers compensation.

Leave granted.

The Hon. R.I. LUCAS: The confidential Bentley-Latham report, which was taken to cabinet late last year in relation to the government decision to transfer claims management of workers compensation from self-insured government agencies to ReturnToWorkSA, reported some critical comments in relation to the services provided by the Crown Solicitor's Office to existing government departments and agencies. The confidential report stated that some agencies are clearly dissatisfied with the service and advice provided by the Crown Solicitor's Office and, if it were possible, would prefer to use other legal providers.

Further on, in summarising the criticisms of some of the agencies it surveyed in greater detail, the Bentley-Latham report notes that five of the agencies mentioned that they would like the freedom to choose their own legal representatives. In summarising the nature and tenor of the criticism of government departments and agencies about the Crown Solicitor's Office service, it said that their services resulted in an approach that was too conservative and sometimes not in the agencies' best interests. There were also complaints about the time frame taken to provide a service, the quality of the service provided and not being guaranteed continuity of service because people go on leave, etc.

My question to the Minister for Police is: were any of the agencies that currently report to the minister amongst those five agencies that expressed concerns about the services provided by the Crown Solicitor's Office and, if they were, what was the nature of the criticisms that his agencies made to the Bentley-Latham report?

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (14:47): Of course, I am not in a position to confirm any respective positions the government may have or what information particular cabinet documents may contain. What I can say is that the Hon. Mr Lucas was advised during the last sitting week, when receiving briefings from the Minister for Industrial Relations, that it is the broad intent of the government to transfer management of the government's employees' workers compensation claims to ReturnToWorkSA and achieve a mutual financial outcome for both ReturnToWorkSA and government agencies.

As is the case now, the fact that would dictate financial outcomes for the government is the incidence of workplace injury, the effectiveness of claims management and the achievement of return-to-work outcomes. It is expected that over time the consistent approach to the resolution of matters will result in lower costs and an overall benefit to government agencies. I understand that this assessment has been based on actuarial advice and it will cost no more or no less.