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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2017-11-14 Daily Xml
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Ministerial Statement

Return to Work Scheme

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (14:08): I seek leave to make a ministerial statement.

Leave granted.

The Hon. J.R. RAU: Three years ago, this parliament enacted the Return to Work Act 2014. The new Return to Work Act was the biggest reform of our state's work injury insurance scheme for nearly 30 years. It replaced the old WorkCover scheme, which almost all people agreed was not working. That scheme did not deliver effective return-to-work outcomes for workers and its costs were not acceptable. The new Return to Work scheme has already delivered significant benefits for South Australians. It is a scheme that is 120 per cent funded and supports workers to recover and return to work in a safe, durable and timely manner. Return-to-work outcomes have improved significantly.

On the expiry of three years from the commencement of the Return to Work Act, the act requires that I must cause a review of its administration and operation. As the Return to Work Act commenced on 4 December 2014, 4 December 2017 is the date on which the review will commence. The Hon. John Mansfield AM will conduct the review assisted by a project team. The Hon. John Mansfield AM is an eminent silk recognised for his extensive commitment and service to the law, judiciary and wider community. His Honour served for nearly 20 years as a justice of the Federal Court before retiring in August last year.

The Return to Work Act requires that the review must include an assessment of:

the extent to which the scheme, the dispute resolution processes and the South Australian Employment Tribunal Act 2014 have achieved a reduction in the number of disputed matters and a decrease in the time taken to resolve disputes;

whether the jurisdiction of the Employment Tribunal under the act should be transferred to the Civil and Administrative Tribunal;

the extent to which there has been an improvement in the determination or resolution of medical questions arising under the act; and

any other matter I consider to be relevant to a review of the Return to Work Act.

I have determined the following matters are to be included in the review:

the performance of ReturnToWorkSA in managing claims, including return-to-work outcomes in reducing instances of work injury;

the performance of self-insured employers, including outcomes in reducing instances of work injury;

changes in return-to-work rates at key milestones outlining factors influencing any improvement or deterioration;

factors contributing to non-seriously injured workers failing to achieve return to work within two years;

any additional factors regarding reskilling services to assist return-to-work outcomes;

whether the scheme has yet achieved financial stability and, if not, when the scheme is likely to be mature and stable; and

any other recommendations consistent with the objects of the Return to Work Act.

The review is required to be completed within six months. The results of the review will be a written report. This will be laid before both houses of parliament within 12 sitting days after its receipt. The review will be authorised to commission relevant actuarial support and any necessary social or economic impact statements required to properly inform its deliberations and those of the government. The review may invite written submissions from the public and other interested parties at its discretion. The review will produce a final report with any recommendations ultimately for government consideration.

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