Practitioner Alert – Clarification of Urgent Notice - Section 33(21) of the Return To Work Act 2014 (SA)

Reference is made to a notice published in InBrief yesterday concerning applications pursuant to s33(21) of the Return To Work Act 2014 (SA) following the delivery of reasons for judgment by the Full Court of the Supreme Court of South Australia in the matters of Karpathakis and Rudduck on 1 June 2018.

The InBrief notice can be viewed here

In relation to pre-existing injuries sustained prior to 1 July 2015, the Society refers to previous notifications that clause 35(2) of the Transitional Provisions and Regulation 23(2a) of the ReturnToWork Regulations 2015 have the effect that applications pursuant to s33(21) for such injuries needed to have been made before 1 July 2016.  Where there has been a subsequent aggravation, exacerbation or acceleration in compensable circumstances it may be appropriate to consider an application pursuant to s33(21).

The Society continues to recommend that solicitors who act for workers review their files in the light of the reasons in the matters of Karpathakis and Rudduck.