Legislative Council: Thursday, June 16, 2022


Return to Work Scheme

The Hon. C. BONAROS (15:00): I seek leave to make a brief explanation before asking the Minister for Industrial Relations a question about the Return to Work scheme.

Leave granted.

The Hon. C. BONAROS: Yesterday in this place, I asked the minister if he had intervened or intends to intervene in the case currently before the Court of Appeal in which ReturnToWorkSA is challenging the correctness of the Summerfield case. The minister replied that he had requested a briefing on the matter and was considering that issue. Members of the legal fraternity warn that the clear implication of the action taken by ReturnToWorkSA is that the government agency is confident the Summerfield case will be overturned. My questions to the minister are:

1. How many similar notices have been filed by ReturnToWorkSA since the Summerfield decision was handed down?

2. Is he aware that just this week at least two other challenges to Summerfield have been filed by ReturnToWorkSA?

3. Is he aware that SAET, comprising of three judges—that is, the Full Bench—on application today by ReturnToWorkSA has referred the matter of English to the Supreme Court, which is another challenge to the Summerfield case?

The Hon. K.J. MAHER (Attorney-General, Minister for Aboriginal Affairs, Minister for Industrial Relations and Public Sector) (15:01): I thank the honourable member for her questions. In relation to the statistics and a case today, I am happy to take those on notice and bring back a reply.