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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2023-02-08 Daily Xml
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ReturnToWorkSA

Mr ELLIS (Narungga) (15:32): I have a question for the Premier. Will the government intervene and use its discretion towards Sean Barnes' future earnings for his WorkCover claim? With your leave, sir, and that of the house, I will further explain.

Leave granted.

Mr ELLIS: Over eight years ago and two pieces of legislative reform, Sean was injured at work and entered into the WorkCover scheme. Over the course of the past eight years, Sean has been negotiated down to 29 per cent total permanent incapacity, which is conveniently just below the 30 per cent threshold above which he was assessed on multiple occasions.

Sean cannot return to work in his lifelong profession due to the injury and has been stuffed around by a system hell-bent on denying him access to what he is worth, and after years of waiting for the outcome of reviews, he is running out of patience.

The battle with his WorkCover has been extended so long that if the system had worked properly he would have received his entitlements a long time ago. As a life-long unionist, he is deadset hopeful that the government will intervene and offer assistance.

The Hon. P.B. MALINAUSKAS (Croydon—Premier) (15:33): I thank the member for Narungga for his question. I acknowledge his advocacy on behalf of a constituent who obviously is going through a bit of a difficult period. I think it is true that whenever someone suffers an injury, particularly someone who has been assessed at having a whole-person impairment of 29 per cent, notwithstanding, obviously, Mr Barnes having a different view about that number, that is nonetheless a high figure and speaks obviously to a serious injury. I acknowledge your advocacy for Mr Barnes and I am more than happy to take on notice the specifics, not being familiar with the circumstances around Mr Sean Barnes' case.

What I can say in a general sense, though, for the member for Narungga and also for Mr Barnes is that the act, as I understand it, doesn't provide for much flexibility or, indeed, for discretion to be applied by the Minister for Industrial Relations, who is responsible for the ReturnToWork scheme. To the best of my knowledge—and I'm happy to take this on notice and conduct further analysis—I don't think the minister has the discretion to intervene into a specific claim and issue a direction accordingly. ReturnToWork is an independent statutory authority that abides by the act, and the board has certain functions and powers, but they are quite different to what a minister is able to do. That being said, I'm more than happy, given the member for Narungga's question and the nature of it, to take the question on notice and make some active inquiries.

I will take the opportunity to mention, given the member for Narungga's question, that we are in the seat of Narungga next week for country cabinet. It is something that my whole team is looking forward to. If Mr Barnes is available, then I'm more than happy to facilitate a meeting with him, either with myself or the minister, if that is of any use for the member for Narungga and your constituent.

An honourable member interjecting:

The SPEAKER: Order! The member for Finniss and then the member for Light.

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