Consent orders in South Australian workers' compensation conciliation proceedings cannot preclude claims for impairments not yet suffered at the date of the orders, even where the orders purport to extinguish all future entitlements under s 43 of the WRC Act. The power to enlarge proceedings under s 88DA is limited to questions that could be the subject of a claim under the Act — it does not extend to a general release of future obligations. Practitioners drafting consent orders should be aware that 'no further entitlement' clauses operate only as at the date of the orders and do not bar future claims for subsequently developing impairments.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
2 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.