SA (in Right of the Department for Health and Ageing (SA Ambulance Service)) v Dohnt & Ors

[2021] SASCFC 33

South Australia Full Court

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Interrogate

Catchwords

1. Workers' Compensation
2. › Entitlement to compensation
3. › Weekly payments
4. › Adjustment of average weekly earnings
5. › Change in component of remuneration
6. › Whether increase in salary rates under enterprise agreement constitutes change in 'component' of remuneration
7. › Whether specific provision for seriously injured workers precludes general provision
8. › Return to Work Act 2014 (SA), ss 45, 46, 47
1. Statutes
2. › Acts of Parliament
3. › Interpretation
4. › General approaches to interpretation
5. › Relationship between specific and general provisions
6. › Anthony Hordern principle
7. › Where specific power confined to subset of persons, whether general power precluded for same subject matter
8. › Whether provisions reproduced from earlier legislation carry same meaning
1. Workers' Compensation
2. › Proceedings to obtain compensation
3. › Determination of claims
4. › Appeals and stated cases
5. › Questions of law referred to Full Bench
6. › Intervention by statutory corporation raising new construction argument on appeal

Quick Take

Changes in rates of remuneration and allowances under an award or enterprise agreement cannot be used to adjust average weekly earnings under s 45(1)(a) of the Return to Work Act 2014 (SA). Such adjustments are exclusively available under s 47, which is confined to seriously injured workers. Non-seriously injured workers whose entitlements are limited to 104 weeks cannot obtain economic adjustments based on enterprise agreement salary increases.