COMPARISON OF WORKERS' COMPENSATION ARRANGEMENTS

STATUTORY RESPONSIBILITIES

NEW SOUTH WALES

SOUTH AUSTRALIA

The Workplace Injury Management and Workers'

Employer with less than 10 employees is required to keep

Compensation Act 1998

position open for injured worker for 12 months

provides that an employer must:

Employer with 10 or more employees is required to keep

  notify insurers of all  significant injuries (i.e. when a 

position open indefinitely

worker is away from their normal duties for more than 

If employer does not make suitable job offer, heavy penalties

seven days) within 48 hours. All other injuries are to be 

may apply

notified within seven days

Employer to provide suitable duties for which the worker is fit

  comply with the provisions of the insurer's Injury 

and qualified to perform where reasonably practicable

Management Program and any Injury Management Plan 

established for an injured worker

  if a Category 1 employer (i.e. a base tariff premium of over 

$50,000), employ a Rehabilitation Coordinator who has 

undertaken approved training

  provide suitable employment (if reasonably practicable to 

do so) on request from partially incapacitated workers.

An employer may be in breach of the Industrial Relations 

Act 1996 if:

(a) the employer dismisses the employee due to a work 

related incapacity, or

(b) the dismissal is within 6 months of the incapacity 

occurring.

If the employer offers a dismissed injured employee's

position to a replacement employee, the employer must

advise the replacement employee that the injured employee

may be re instated to that position within two years of the

date of injury

Workers must:

Weekly benefits may be discontinued, reduced or suspended

  notify their employers of an injury as soon as possible

if the worker:

  participate and cooperate in the establishment of an Injury 

(a) fails to submit to medical exam after written request by 

Management Plan (if significant injury)

WorkCover Corporation

  comply with the obligations imposed by the Injury 

(b) fails to supply prescribed medical certificate for continuing

Management Plan

incapacity

  nominate a treating doctor who is prepared to participate in

(c) fails to submit to proper medical treatment

the development and arrangements under the Injury 

(d) refuses to participate in, or frustrates a rehabilitation or 

Management Plan

RTW plan, or

  authorise the treating doctor to provide relevant 

(e) refuses to do suitable work or take reasonable steps to 

information to the insurer and employer

find suitable work, or unreasonably discontinues work

  make reasonable efforts to return to work with the pre 

(f) anything else that is recognised as a breach of mutuality

injury employer as soon as possible, having regard to the 

nature of the injury.

Failure to unreasonably comply with any of the above, after

being requested to do so by the insurer, can result in

cessation of weekly payments

Heads of Workers' Compensation Authorities  35