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RETURN TO WORK (POST TRAUMATIC STRESS DISORDER) AMENDMENT BILL 2019

South Australia

Return to Work (Post Traumatic Stress Disorder) Amendment Bill 2019

A BILL FOR

An Act to amend the Return to Work Act 2014

.

Contents

Part 1—Preliminary

1Short title

2Amendment provisions

Part 2—Amendment of Return to Work Act 2014

3Amendment of section 9—Evidentiary provision

Schedule 1—Transitional provision

1Transitional provision

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Return to Work (Post Traumatic Stress Disorder) Amendment Act 2019.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Return to Work Act 2014

3—Amendment of section 9—Evidentiary provision

(1) Section 9(2)—after paragraph (a) insert:

(ab) subject to the qualification that if a worker who has been employed as a first responder is diagnosed with post traumatic stress disorder, the disorder is presumed, in the absence of proof to the contrary, to have arisen from employment; and

(2) Section 9—after subsection (4) insert:

(5) In this section—

first responder means—

(a) an ambulance officer; or

(b) a police officer; or

(c) a firefighter; or

(d) a nurse; or

(e) a medical practitioner; or

(f) a person—

(i) for whom the Crown has been (whether under this Act or the repealed Act) the presumptive employer; and

(ii) who, in the course of that presumptive employment, has dealt with emergencies; or

(g) a person of a class prescribed by the regulations for the purposes of this definition;

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession as a nurse (other than as a student).

Schedule 1—Transitional provision

1—Transitional provision

An amendment made by this Act to the Return to Work Act 2014

extends to a claim made under Part 4 of that Act before the commencement of the amendment unless the claim has been determined and all rights of review and appeal in relation to the determination have been exhausted.

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