Return to Work Act 2014

Subject to this clause, the 1971 Act continues to apply in respect of an injury that is attributable to a trauma that occurred before the appointed day.

This Act applies in relation to an injury (referred to in this clause as a transitional injury) that is partially attributable to a trauma that occurred before the appointed day and partially attributable to a trauma that occurred on or after the appointed day, but does not affect rights (referred to in this clause as antecedent rights) that had accrued before the appointed day in respect of a transitional injury.

The following provisions apply in relation to a transitional injury:

where a compensating authority pays or is liable to pay compensation to a claimant under this Act in relation to a transitional injury, the compensating authority is subrogated, to an appropriate extent, to the antecedent rights of the claimant;

where the claimant has received, in pursuance of antecedent rights, damages or compensation (not being weekly payments for a period of incapacity that concluded before the appointed day), there will be an appropriate reduction in the amount of compensation payable under this Act in respect of the injury;

the extent of a subrogation under paragraph (a), or a reduction in the amount of compensation under paragraph (b), will be determined having regard to—

the amount of the compensation payable (apart from this subclause) under this Act in respect of the transitional injury; and

the extent to which the transitional injury is attributable to a trauma that occurred before the appointed day; and

any other relevant factors.

Where a compensating authority—

pays compensation to a claimant under this Act; and

becomes entitled to recover a proportion of the payment from an employer by virtue of subrogation to the rights of the claimant under subclause (3)(a); and

notifies that employer in writing of the payment, the amount recoverable from the employer will be increased by interest at the prescribed rate as from the date of the notification.

The Corporation will, in the first instance, make a determination of—

the extent of a subrogation under subclause (3)(a) or a reduction in the amount of compensation under subclause (3)(b); and

the amount of any consequential liability.

Before making such a determination the Corporation must allow any person whose interests may be affected by the determination a reasonable opportunity to make representations to the Corporation on the subject matter of the determination and when the determination is made the Corporation must give written notification of the terms of the determination to every person whose interests are affected by it.

Any such person may, by written notice served personally or by post on the Corporation within 1 month after receiving notice of the determination or such longer period as the Corporation may allow, dispute the determination.

Any such dispute may be referred on the application of any party affected by the determination to SAET.

Where a dispute is so referred, SAET will review the Corporation's determination and may confirm, vary or revoke it.

Subject to the regulations, a determination by the Corporation under this clause may be enforced in the same way as a decision of

A determination by the Corporation may be enforced notwithstanding that it is disputed, but if it appears from the result of a review that a compensating authority has recovered an amount in pursuance of the determination to which the compensating authority is not entitled, that amount must be repaid together with interest at the prescribed rate.