Amendments to the RTW Act Regulations with respect to Costs for s18 Applications
On 6 February 2018 the government Gazetted amendments to the RTW Act Regulations with respect to costs for s18 applications. In short, the changes make it clear that a worker who brings a s18 application is entitled to claim counsel fees as a disbursement and the capped amount of $2,464 (indexed) up to a pre hearing conference and thereafter 85% of the Supreme Court Scale. This is a significant change to the previous position. This change will have a significant impact on employers who are involved in s18 applications as they will be responsible for paying legal costs to the worker. The worker will be entitled to costs, unless the Tribunal orders the application was frivolous or vexatious. For further information contact us.
Completion of the Review of the Operation of the Return to Work Act
The second review of the WHS Act is complete and was tabled in Parliament on 30 November 2017. The Review found that the Act is operating effectively and that the variations in the South Australian Act have not negatively impacted on its operation. As such legislative changes were not recommended.
The Report of the Review can be found here.
Review of the Operation of the Return to Work Act
On 14 November 2017 Minister Rau announced that the mandated review of the operation of the Return to Work Act will commence on 4 December 2017. The review will be conducted by The Honourable Justice Mansfield AM, a retired Federal Court Justice. The review is required to be completed by June 2018.
News&Views - To Combine or not to Combine - WPI Assessments
On 21 July 2017, the Full Bench of the SAET handed down its landmark decision allowing the appeal in the matter of Preedy. The Full Bench was asked to determine whether two separate impairment assessments should be combined. The Full Bench construed the meaning of both sections 22 and 58 as follows: For the purposes of making the assessment under s22, multiple impairments from the same injury or cause are to be assessed together or combined, but in connection with an assessment of non-economic loss under s58, they are only combined if they arise from the same trauma.
To read the full article click here