SA lawyers seek changes to 'flawed' workers' compensation bill

SA lawyers seek changes to ‘flawed’ workers’ compensation bill

4 July 2022

The Australian Lawyers Alliance (ALA) says a South Australian Government workers’ compensation bill, introduced into Parliament after a previous version was withdrawn, is flawed and ambiguous and will create uncertainty.

“The bill needs revision and must not be rushed through parliament without proper consultation with all stakeholders,” ALA State President Sarah Vinall said.

The planned changes lift the “seriously injured” threshold for workers’ compensation to 35% as part of a compromise on reforms to limit cost increases expected after a landmark SA Supreme Court case.

The ruling, known as the Summerfield decision, makes it more likely several injuries can be combined to meet the existing 30% whole person impairment threshold, increasing potential lump sum payments.

ALA says the bill does not provide sufficient clarity to ensure the rights of people injured at work are reflected in line with the Summerfield decision.

“It would be devastating to workers if this bill is passed in its current form reducing entitlements on the understanding that the Summerfield interpretation applies, but the interpretation is reconsidered or changed by the courts,” Ms Vinall said.

“This uncertainty can be fixed by adding a note to the bill to make it clear that the principles of the Summerfield case are entrenched in this legislation.”

The ALA has also expressed concern about transitional provisions and the lack of clear timeframes, and says the changes should only apply to new injuries.

“The Government must disclose the detailed actuarial reports that they are relying on to make these decisions to all stakeholders,” Ms Vinall said. “These documents need to be made available for proper review and consideration.”