On 14 November 2024, the South Australian Parliament passed significant reforms to the Return to Work Act 2014 (SA). Most changes took effect on 1 December 2024, with others expected to follow soon.

These reforms expand the obligations of employers and enhance protections for injured workers. Here’s what you need to know.

Ongoing Duty to Provide Suitable Employment

Previously, an employer’s duty to provide suitable employment applied only while a worker was incapacitated due to a work-related injury.

Now, that obligation continues even after the worker is no longer incapacitated—unless the worker’s employment was properly terminated for serious and wilful misconduct. This is a new and specific exception under the amended Act.

Making a Request for Suitable Employment

Workers returning from injury must now follow a defined process when seeking suitable duties. The request must be in writing and confirm that the worker is:

• Ready, willing, and able to return to work;
• Able to perform specific types of employment; and
• (For labour-hire workers) Seeking cooperation between the host and pre-injury employer.

Employers must respond to the request within one month. If they fail to respond or reject the request, and the worker disputes the suitability of the offered role, the matter can be referred to the South Australian Employment Tribunal.

Workers may also recover their reasonable legal costs in certain proceedings before the Tribunal.

Tribunal’s Expanded Powers

The Tribunal now has broader authority to:

• Specify job roles, hours, and necessary workplace adjustments;
• Award backpay for wages that would have been earned had suitable employment been provided;
• Issue orders to host employers in labour-hire arrangements; and
• Make binding orders on government bodies acting on behalf of the Crown.

These powers extend beyond just the pre-injury employer and can now include related corporate bodies and government agencies—significantly increasing the scope of responsibility.

Fast-Tracked Support for Dust Diseases and Terminal Illnesses

The amendments also make it easier for workers suffering from a dust disease or terminal work-related illness to access entitlements. This includes streamlining how financial support is assessed and delivered.

What It Means for Workers

The reforms offer clearer, more robust protections. Workers now have a structured pathway to request employment and challenge employer responses, with additional support mechanisms where health issues are critical.

What It Means for Employers

Employers face heightened obligations to accommodate injured workers—even after medical recovery—and must now formally respond to requests for suitable duties. The reforms broaden the range of organisations that can be held accountable and increase the legal risks of non-compliance.

Need Help?

Whether you’re an employer navigating these new responsibilities, or a worker seeking your entitlements under the updated legislation, it’s important to understand your rights and obligations.

For tailored advice, please contact Brenton Priestley, Partner or Sinisa Popovic.

This summary is general in nature and does not constitute legal advice.