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
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