South Australia
Workers Rehabilitation and Compensation (Dispute Resolution) Regulations 1996
under the Workers Rehabilitation and Compensation Act 1986

Contents
1	Short title
2	Commencement
3	Interpretation
4	Notice of dispute (section 90)
5	Application for an extension of time (section 90A)
6	Nomination of person to reconsider a disputed decision (section 91)
7	Costs
8	Special jurisdiction
Schedule 1—Notice of dispute
Schedule 2—Application for expedited decision
Legislative history

1—Short title
These regulations may be cited as the Workers Rehabilitation and Compensation (Dispute Resolution) Regulations 1996.
2—Commencement
These regulations will come into operation on 3 June 1996.
3—Interpretation
In these regulations—
Act means the Workers Rehabilitation and Compensation Act 1986;
GST means the tax payable under the GST law;
GST law means—
	(a)	A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; and
	(b)	the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods, services and other things.
4—Notice of dispute (section 90)
A notice of dispute under section 90 of the Act must be in the form of Schedule 1.
5—Application for an extension of time (section 90A)
An application for extension of time under section 90A(3) of the Act is made by completing the appropriate part of the form set out in Schedule 1.
6—Nomination of person to reconsider a disputed decision (section 91)
For the purposes of section 91(2)(b) of the Act, the nomination of a person to the Registrar is made by a relevant compensating authority providing, in writing, the following information about the person to the Registrar:
	(a)	the person's full name;
	(b)	the name of the person's employer (if the person is an employee), or a relevant business name;
	(c)	the person's position in the organisation in which he or she works, or his or her occupation;
	(d)	details of any relevant qualifications and experience;
	(e)	an address for correspondence;
	(f)	the person's business telephone number, and a facsimile number.
7—Costs
	(1)	Pursuant to section 95(1) of the Act, the following limits on costs are fixed in relation to proceedings that take place under Part 6A of the Act (other than under Division 6 of that Part) up to and including 31 December 2000:

Item	Limit	
Assistance in the preparation and lodgement of a notice of dispute	$88	
Participation in the initial reconsideration of a disputed decision and in the initial conciliation process, including attendance at a conciliation conference	$110	
Participation in the conciliation/dispute resolution process (payable only if the matter is resolved through the conciliation process, and including the preparation of any necessary documentation)	$88	
Preparation of a case for an arbitration hearing	$176	
Appearance before an arbitration officer for an arbitration hearing (to a maximum of $341)		
First hour	$110	
Second hour	$66	
Third and subsequent hours	$33	
	(2)	Pursuant to section 95(1) of the Act, the costs awarded to a party who is represented in proceedings before the Tribunal under Division 6 of Part 6A of the Act cannot exceed 85 per cent of the costs that would be payable on a party and party basis if the proceedings were proceedings before the Supreme Court.
	(3)	Pursuant to section 95(2)(b) of the Act, costs may be awarded to reimburse disbursements incurred by a party to a dispute up to a reasonable amount reasonably incurred, subject to the qualification that costs for medical services reimbursed as disbursements in the dispute resolution process are limited to the scales of charges that apply for the purposes of section 32 of the Act or, if a service is not covered by a scale of charges under that section, to an amount determined in accordance with the principles that apply under that section.
	(4)	Pursuant to section 97C of the Act, the following limits on costs are fixed in relation to proceedings that take place under Part 6B of the Act up to and including 31 December 2000:

Item	Limit	
Assistance in the preparation and lodgement of an application	$88	
Preparation of a case for hearing	$176	
Appearance before the Tribunal (to a maximum of $341)		
First hour	$110	
Second hour	$66	
Third and subsequent hour	$33	
	(5)	The limits on costs in relation to proceedings under Part 6A of the Act (other than under Division 6 of that Part) and Part 6B of the Act that take place in the 2001 calendar year or a subsequent calendar year are to be determined by adjusting the amounts prescribed by subregulations (1) and (4) respectively in accordance with subregulation (6).
	(6)	Subject to subregulation (7), an amount prescribed by subregulation (1) or (4) will be adjusted on an annual basis so that the adjusted amount will on 1 January 2001 and on 1 January of each subsequent year be an amount (calculated to the nearest multiple of $10) that bears to the amount prescribed by subregulation (1) or (4) the same proportion, subject to subregulation (8), as the Consumer Price Index for the September quarter of the immediately preceding year bears to the Consumer Price Index for the September quarter, 1995.
	(7)	In the application of subregulation (6), the maximum amount—
	(a)	for preparation of a case for an arbitration hearing prescribed by subregulation (1) will be taken to be $165 and not $176;
	(b)	for appearance before an arbitration officer for an arbitration hearing prescribed by subregulation (1) will be taken to be $330 and not $341;
	(c)	for preparation of a case for hearing prescribed by subregulation (4) will be taken to be $165 and not $176;
	(d)	for appearance before the Tribunal prescribed by subregulation (4) will be taken to be $330 and not $341.
	(8)	For the purpose of making the adjustment referred to in subregulation (6), the amount of the Consumer Price Index for the September quarter, 2000, and for the September quarter of each subsequent year will be reduced by the amount of the component of the weighted average of the Consumer Price Index for the eight Australian capital cities for the September quarter, 2000, that, in the opinion of the Australian Bureau of Statistics, is attributable to the impact of the GST.
	(9)	If the Australian Bureau of Statistics has not determined and published the amount of the component referred to in subregulation (8) that is attributable to the GST by 1 January 2001, the adjustment under subregulation (6) for that year will be delayed until the amount has been published by the Bureau.
8—Special jurisdiction
An application to the Tribunal under Part 6B of the Act must be in the form of Schedule 2.

Schedule 1—Notice of dispute

Schedule 2—Application for expedited decision

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1996	108	Gazette 30.5.1996 p2704	3.6.1996: r 2	
2000	206	Gazette 31.8.2000 p1042	31.8.2000: r 2	
2003	147	Gazette 12.6.2003 p2500	12.6.2003: r 2	
2009	26	Gazette 26.3.2009 p1168	1.4.2009: r 2	
Provisions varied
New entries appear in bold.
Provision	How varied	Commencement	
r 3			
GST	inserted by 206/2000 r 3	31.8.2000	
GST law	inserted by 206/2000 r 3	31.8.2000	
r 7			
r 7(1)	substituted by 206/2000 r 4(a)	31.8.2000	
r 7(4) and (5)	substituted by 206/2000 r 4(b)	31.8.2000	
r 7(6)—(9)	inserted by 206/2000 r 4(b)	31.8.2000	
Schs 1 and 2	headings substituted by 147/2003 Sch 1	12.6.2003	
Historical versions
Reprint No 1—31.8.2000