Legislative Council: Thursday, November 14, 2019

Contents

Psychiatric Impairment Assessment Guidelines

The Hon. T.A. FRANKS (14:47): I seek leave to make a brief explanation before addressing a question without notice to the minister for industrial relations on the topic of the ReturnToWorkSA psychiatric impairment assessment guidelines.

Leave granted.

The Hon. T.A. FRANKS: As I am sure the minister is aware, under the Return to Work Act 2014, a person must have a whole person impairment of at least 30 per cent to be entitled to damages. This is the same for a physical injury as it is for a psychiatric injury.

I have previously raised with the minister concerns around the way psychiatric injuries are assessed, with certain criteria ensuring that it is potentially almost impossible for a person to be assessed as having a 30 per cent whole person impairment. There is therefore a strong possibility that many people who have suffered a significant workplace psychiatric injury are missing out on compensation or damages by a narrow margin because of a poorly designed matrix. My questions are:

1. How many people assessed have not met the 30 per cent whole person impairment threshold for compensation/damages for a psychiatric injury under the psychiatric injury assessment guidelines and how many have?

2. How many people have been assessed as having between a 25 per cent and 30 per cent whole person impairment for a psychiatric injury?

The Hon. R.I. LUCAS (Treasurer) (14:48): I am happy to take the question on notice and bring back a reply.