Workers Compensation & Self Insurance

Return to Work SA’s Summer of Discontent May Soon Be Over

June 9, 2022

South Australia Government announces Bill to address the issues caused by the authorities in Preedy and Summerfield Equilibrium is a state in which...

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The Cost of Workers Compensation in an Ageing Workforce

February 1, 2022

Australia has an ageing population and, as a result, an ageing workforce. It is predicted that there will be an average premium increase...

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Learning to Live With COVID-19 – The Trolley Dilemma in Our Economy

January 14, 2022

How do we decide which industries are so essential that the risks of suspending operations outweigh the risk of using COVID-19 positive workers...

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Summerfield, Opioids and Rising Workers Compensation Premiums – What’s the Connection?

December 17, 2021

COVID-19 has taken headlines, but the opioid crisis is still with us, and business owners are warned of increased workers compensation premiums. The...

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Obligations Under the Return to Work Act 2014 (SA): All for One, but Not Necessarily One for All!

October 26, 2021

South Australian Employment Tribunal confirms that section 18 of the Return to Work Act 2014 does not apply beyond the parties to the...

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Workers Compensation, Health and Safety and COVID-19

June 30, 2021

The Work Health and Safety Act 2011 (Cth) (“the WHS Act”) and, in South Australia, the Work Health and Safety Act 2012 (SA)...

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Evaluating the Cause(s) of Impairments Comes Down to “Common Sense”

May 14, 2021

The Full Court of the Supreme Court of South Australia “doubles-down” on its reasons in Preedy but fails to articulate a straightforward test...

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All for One and One for All!

December 17, 2020

South Australian Employment Tribunal finds that all members of a group under a licence of self-insurance are equally and severally liable for suitable...

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Staff Profile: John Walsh

April 10, 2020

A life-changing year In January 2014 John, as Managing Partner of Donaldson Walsh, was looking forward to continuing to guide his firm through...

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Managing Your Workforce in a Stand Down

April 3, 2020

What are the implications for workers performing modified duties pursuant to the Return to Work Act? A lot of business are currently faced...

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The Opioid Crisis in Australia

February 26, 2020

In my article published in November 2019 in relation to the American experience of the opioid crisis and what it meant for Australia,...

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Assessor or Adjudicator?

February 13, 2020

Three recent decisions in the SAET have served to highlight the difficulty in remediating incorrect impairment assessments under the Return to Work 2014...

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The Opioid Crisis in America

November 26, 2019

What does it Mean for Australia? In 1952 the Sackler family bought a small company and transformed it into Purdue Pharma which, over...

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Impairment Assessments and Section 22 of the Return to Work Act 2014 (SA)

November 21, 2019

Batten down the hatches! One wonders whether (the then Honourable John Rau – Deputy Premier) could have appreciated the sense of irony that...

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Estoppel and “Contracting Out” of Workers Compensation Legislation

September 30, 2019

Two recent decisions of the Supreme Court of South Australia comment on the issue of “contracting out” of workers compensation legislation, these decisions...

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Provision of Suitable Employment Under Section 18 of the Return to Work Act 2014 (SA)

June 21, 2019

Decisions regarding the application of Section 18 of the Return to Work Act 2014 (SA) (the Act) are slowly trickling out of the...

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Life After Mitchell

April 16, 2019

Full Court of the Supreme Court of South Australia Publishes Decision in Return to Work Corporation of South Australia v Mitchell [2019] SASCFC...

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Calculating Average Weekly Earnings When a Worker Suffers a Second Compensable Injury

April 12, 2019

The recent decision of the South Australian Employment Tribunal in Knight v Department for Education [2019] SAET 64 centred on the correct calculation...

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De-mystifying ReturnToWorkSA Premiums

April 5, 2019

ReturnToWorkSA (“RTWSA”) provides South Australian employers with insurance to protect their business and their workers in the event of a work-related injury. The...

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Dealing with Self-Represented Litigants in the South Australian Employment Tribunal

November 15, 2018

The recent decision of the Full Bench of the South Australian Employment Tribunal in Richards v Little Company of Mary Health Care [2018]...

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DW Fox Tucker & Bradbrook Lawyers: Two eminent employment law specialists join forces

November 7, 2018

DW Fox Tucker is delighted to announce its merger with Bradbrook Lawyers, another of Adelaide’s premier employment law practices. This significant joining of...

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Workers Compensation Case Studies

November 7, 2018

Return to Work Corporation of South Australia v Karpathakis; Return to Work Corporation of South Australia v Rudduck [2018] SASCFC 45 This decision...

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Client Profile: Calvary Group

July 4, 2018

When Cardinal Moran invited six Sisters of the Little Company of Mary to come to Australia in 1885 to care for the sick,...

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Looking into the Crystal Ball

July 4, 2018

What can we expect in Workers Compensation in the near future? On 16 April 2018 State Treasurer Rob Lucas announced that the average...

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Mad March in Adelaide

February 15, 2018

The Review and the Election The State Election in March is shaping up to be the most interesting and unusual election in decades....

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Public Sector Shake Up – It’s All About the Money!

January 19, 2017

Shortly after my last article (Rau’s World – Public Sector Shakeup) (2 December 2016), Self Insurers of South Australia (“SISA”) published its Position...

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Rau’s World – Public Sector Shake Up

December 2, 2016

The SA Government’s Cabinet recently discussed and approved the transfer of its public service workers compensation claims to the State’s two existing claims...

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The “Fairness” Scale

November 18, 2016

How to measure the reasonableness of your administrative action Following on from the High Court’s decision in Comcare v Martin [2016] HCA 43...

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Management Prerogative

November 14, 2016

The High Court of Australia reinforces an Employer’s right to legitimate management action The recent decision of the High Court of Australia in...

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The Parliamentary Inquiry in the Return to Work Act 2014 (SA)

August 17, 2016

An Investigation in the Known Unknowns and the Unknown Unknowns Recently it has been announced that the Parliamentary Committee on Occupational Safety Rehabilitation...

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