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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-11-25 Daily Xml
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Ministerial Statement

WORKCOVER CORPORATION

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Industrial Relations, Minister Assisting the Premier in Public Sector Management) (15:23): I seek leave to make a ministerial statement about proposed reforms to WorkCover's dispute resolution processes.

Leave granted.

The Hon. P. HOLLOWAY: I can inform honourable members that this government is taking steps to simplify WorkCover's dispute resolution processes to deliver faster results for injured workers. The proposed changes will create a more equitable process, with speedier outcomes for injured workers without undermining the financial strength of the WorkCover scheme.

Such reforms support our objective of providing certainty for all parties in dispute, with the ultimate aim of enabling a quicker return to work for injured workers. A healthier workers compensation scheme is not only to the advantage of workers and employers but also benefits the wider South Australian community.

Since the introduction of legislative reforms in 2008, injured workers weekly payments are discontinued, regardless of the dispute being lodged with the Workers Compensation Tribunal. The changes I am proposing will seek to suspend any disputed decision to reduce or discontinue payments for a period of up to 28 days. Let me make clear that workers will continue to receive weekly payments during this period. This will help financial certainty for injured workers.

Integral to the establishment of this expedited dispute resolution process will be the creation of a dispute resolution officer within the Workers Compensation Tribunal. Several stages of the dispute resolution process will also be modified to reduce the time taken and resources used to review a decision, with the tribunal coordinating the process and issuing final orders to the claims agent or self-insurer. Under the proposed amendments to the act, an injured worker will receive a more detailed and informative written notification from the claims agent of discontinuance of weekly payments. This will allow the worker to better understand the reasons put forward for discontinuing their payments.

If a notice of dispute is lodged, the Workers Compensation Tribunal registrar will initially check the claims agent has provided sufficient evidence to support its decision to discontinue payments, and that the claimant has responded meaningfully to the issues raised in the notification. A dispute resolutions officer will then expeditiously determine whether the discontinuance was correct on non-medical grounds, or refer the case to a medical panel where the decision involves medical grounds. If the resolution finds against the initial determination made by a claims agent, the tribunal will issue a final order to reinstate income maintenance for the injured worker and backpay any amounts that may be owed.

A judicial appeal will remain an option for all parties if they wish to have the decision reviewed. The decision of the dispute resolutions officer will stand pending the outcome of the appeal. I can now inform members in this place that a formal consultation process will be initiated with all relevant stakeholders. I welcome feedback on these proposals to simplify and speed up the dispute resolution process and look forward to bringing the required amendments before this place in the new year.

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