Legal E: The New Workcover: Return To Work Bill Passes Parliament
The State Legislative Council passed the Return to Work bill in parliament on 30th October 2014.
There are significant changes to the scheme which will have an impact on businesses and their obligations.
A summary of the new legislation is as follows:
- Stronger obligations for employers to support, participate and find alternative duties or positions with the business for injured workers who cannot return to their pre-injured position.
- The new tribunal can order an employer to provide employment to an injured worker and the onus of proving that an alternative position is not reasonably practical lies with the employer.
- A return to work plan may impose obligations on the employer and the employer is to co-operate with same.
- Where the injury results from negligence or tort (including a breach of Work Health Safety Laws) there is a right of action at common law against the employer if the injury results in a percentage of disability of 30% or more (or death). Note that this also includes the actions of an employee as the employer is vicariously liable for same.
- There is a higher threshold test for psychological injuries sustained in the workplace.
Mellor Olsson are providing seminars in relation to these changes. Please advise if you would like a member of our team to visit your business to provide you with this complimentary service.
Alternatively please don’t hesitate to contact Joanna, Elizabeth or Maria at Mellor Olsson Lawyers.
Mellor Olsson Lawyers
5th Floor, 80 King William Street, Adelaide, South Australia 5000
t: Australia (08) 8414 3400 International +618 8414 3400
f: Australia (08) 8414 3444 International +618 8414 3444