Important changes to South Australian Return to Work Act

Did you know that the South Australian Parliament recently passed the Return to Work (Employment and Progressive Injuries) Amendment Act 2024, which updates the Return to Work Act 2014. Most changes are set to take effect on 1 December 2024.

The intent of these amendments is to create a more supportive and equitable environment for injured workers while providing greater clarity for employers in two key areas:

• Enhanced Protections for Injured Workers returning to work
  The legislation expands employers’ obligations to provide suitable employment for workers returning after an injury. It also outlines financial penalties for non-compliance, covering self-insured employers, labor hire companies, and host employers.

• Improved Access to Entitlements for Workers with Dust Diseases or Terminal Illnesses
  The amendments streamline the process for workers suffering from dust diseases or terminal illnesses caused by work-related injuries to access entitlements more quickly. The Act now includes a clearer definition of ​‘stabilised’ conditions, which helps determine when workers can pursue a permanent impairment assessment, along with a fairer method for calculating financial support.

Additional changes address requirements for medical appointments, recovery and return-to-work plans, and procedures involving the South Australian Employment Tribunal (the Tribunal). 

Here are some Key Points for employers summarising changes to provide suitable employment

• Employer Obligation: Employers must offer suitable employment to injured workers who are able to return to work in some capacity.

• Worker Requests: Workers can submit a written request for suitable employment, along with medical evidence. Employers must respond within one month.

• Tribunal Authority: If an employer does not provide suitable employment, the Tribunal can specify working conditions and order compensation.

• Self-Insured Employers: These employers must consider suitable employment across the entire company group, not only at the location where the injury occurred.

• Host Employers: Host employers must collaborate with labor hire employers but are not required to directly employ injured workers.

• Exemptions: Employers are not obligated to provide suitable employment if the worker was terminated for serious and wilful misconduct.

Detailed Responsibilities for Employers

Under the new Act, employers must offer suitable employment to an injured worker with partial capacity to return. 

In the main, this process is straightforward, with little need of any intervention. However, if suitable employment is not initially provided, the worker may formally request suitable employment in writing, specifying the type of work they believe they can perform. 

Employers have one month to review and respond to the request, either agreeing to provide the requested employment or offering any other employment you are willing to provide, along with reasons for any refusal or alternative.

Workers may also seek assistance from ReturnToWorkSA if suitable employment is not offered. If no agreement is reached, the worker can apply to the Tribunal within one month to resolve the dispute.

If the Tribunal finds that the worker should have been given suitable employment, it can now set specific conditions for the role, such as job duties, accommodations to facilitate performance, and work hours.

Additionally, the Tribunal can require employers to compensate the worker for lost wages due to lack of suitable employment, adjusted to prevent ​“double-dipping” by considering any other earnings the worker received during this period.

Additional changes address requirements for medical appointments, recovery and return-to-work plans, and procedures involving the South Australian Employment Tribunal (the Tribunal). Full details on the Act changes can be found here.

How we can help

The South Australian Business Chamber has trained, qualified and highly experienced Senior Consultants who can provide you with advice on how to manage the provision of suitable employment to your injured employee or assist you with any workers compensation advice or guidance you might need. 

Contact us today on (08) 8300 000 (select option 1) or submit your on-line enquiry here and one of our team members will get back to you.