South Australian Consolidated Acts

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WORKCOVER CORPORATION ACT 1994 - SECT 14

14—Powers

        (1)         The Corporation has the powers necessary for, or incidental to, the performance of its functions.

        (2)         The Corporation may, for example—

            (a)         enter into any form of contract or arrangement;

            (b)         engage experts or consultants to assist the Corporation in the performance of its functions or to advise it in relation to technical matters;

            (c)         acquire, hold, deal with or dispose of real and personal property;

            (d)         establish and operate ADI accounts and invest money;

            (e)         with the consent of the Minister and the Treasurer, borrow money and give security for the repayment of loans;

            (f)         establish and maintain a central office and regional offices;

            (g)         collaborate or consult with other bodies in relation to the performance of its functions.

        (3)         The Corporation may only enter into a contract or arrangement—

            (a)         conferring power on a private sector body—

                  (i)         to manage and determine claims; or

                  (ii)         to provide rehabilitation services; or

                  (iii)         to implement or manage programs to assist or encourage workers who have suffered compensable disabilities to return to work; or

                  (iv)         to collect levies; or

            (b)         conferring other substantial powers on a private sector body,

if the contract or arrangement is an authorised contract or arrangement.

        (4)         An "authorised contract or arrangement" is—

            (a)         a contract or arrangement with an exempt employer under the Workers Rehabilitation and Compensation Act 1986 ; or

            (b)         a contract or arrangement with a person who holds an appointment as a rehabilitation provider or rehabilitation adviser under the Workers Rehabilitation and Compensation Act 1986 ; or

            (c)         a contract or arrangement with an employer registered under the Workers Rehabilitation and Compensation Act 1986 entered into as part of a pilot scheme (involving a representative sample of nor more than 20 registered employers) for allowing employers to manage and determine claims brought by their own workers under that Act; or

            (d)         a contract or arrangement authorised by regulation.

        (4a)         An authorisation by regulation under subsection (4)(d)—

            (a)         cannot take effect until the time for disallowance of the regulation has passed; and

            (b)         lapses 3 years after the date on which it took effect or was last renewed unless it is renewed by a fresh regulation made within 6 months before the date on which it is due to lapse.

        (5)         For the purpose of ascertaining the extent of prospective liabilities, or other matters relevant to its functions, the Corporation may carry out investigations and inquiries it thinks appropriate.



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