From 1 December 2024, significant changes take effect under the Return to Work (Employment and Progressive Injuries) Amendment Act 2024 (SA). These changes strengthen support for injured workers, expand employer obligations, and aim to improve return-to-work outcomes.
To help make sense of what this means in practice, let’s follow the journey of David, a worker in a typical South Australian business.
Expanded Duty to Provide Suitable Employment (s. 18 Amendments)
David’s story
You own and operate a medium-sized manufacturing business in Adelaide. One of your machine operators, David, suffers a shoulder injury and is off work for several months. As David’s pre-injury employer, you have a legal duty to provide injured workers with suitable employment, that is, work they are reasonably capable of performing, taking into account:
- the nature of their injury and current work capacity;
- their skills, qualifications, and experience, their pre-injury duties, where possible; and
- any necessary workplace adjustments (e.g. reduced hours, modified duties, ergonomic equipment).
The work doesn’t need to be identical to the pre-injury role, but it must be safe, meaningful, and productive.
Before December 2024
If David recovered enough to perform light duties but was deemed capable of earning in another job (whether or not such a job was actually available) he could be classified as having no incapacity under the Act. Once that point was reached, your statutory duty to offer him suitable duties ended, even if he still needed modified work and even though returning to his original workplace in a gradual, supported way might have been the best path to full recovery.
After December 2024
The amendments close this gap. Your duty to provide suitable employment now continues even after a worker is no longer formally ‘incapacitated’, as long as they retain some capacity but still require modified or alternative duties.
If the worker makes a written request with supporting evidence, you must actively consider and respond within one month, accepting, proposing alternatives, or refusing with reasons. This ensures injured workers have a fair and practical opportunity to return gradually to their pre-injury employer, supporting better recovery outcomes and reducing the risk of long-term unemployment.
Faster Access to Permanent Impairment Entitlements
Before December 2024
A worker could only be assessed for permanent impairment – and therefore access lump sum compensation – once their injury was considered ‘stabilised’, meaning it was unlikely to change significantly over time. This could delay financial support for months or years. In terminal illness cases, ‘stabilisation’ was still required before an assessment could occur, creating unnecessary stress for workers and their families.
After December 2024
The law now defines ‘stabilised’ as a condition that is unlikely to change significantly over the next 12 months, making it easier to determine when an assessment can take place. For terminal conditions, workers no longer have to wait for stabilisation: an assessment can proceed immediately, enabling earlier access to lump sum compensation.
From 17 July 2025
Workers diagnosed with a dust disease and entitled to a lump sum will be able to choose how their average weekly earnings are calculated either from the date of exposure or the date of diagnosis—whichever is more favourable.
David’s story
David’s shoulder injury isn’t life-threatening, but under the old rules, his permanent impairment assessment might have been delayed until doctors were confident his condition wouldn’t change, perhaps a year or more after the injury.
Under the new rules, once his doctors determine his condition is unlikely to change significantly over the next 12 months, he can be assessed sooner. This earlier assessment means he can access any lump sum entitlements faster, providing financial certainty while continuing his recovery at work.
Continuing recovery while being assessed
It’s important to note that a permanent impairment assessment can take place while a worker is still engaged in their recovery and even while they are performing suitable duties at work. The assessment focuses on the lasting impact of the injury, not on whether the worker has completed rehabilitation or ceased working. As long as the condition is considered ‘stabilised’ (unlikely to change significantly over the next 12 months), the worker can be assessed and continue in their return-to-work program without interruption.
Stronger Return-to-Work Planning Frameworks
Before December 2024
Return-to-Work Plans were typically coordinated between the worker, the pre-injury employer, and ReturntoWorkSA. While medical advice was often sought, there was no explicit legislative requirement to involve all relevant parties such as host employers, group self-insured employers, or the worker’s treating practitioners in the formal process. Documentation might not have been shared consistently, and the worker’s return-to-work goal could sometimes be altered without their explicit agreement.
After December 2024
The amendments now require that Recovery and Return-to-Work Plans must:
- Actively involve the host employer, any group self-insured employer, the worker’s health practitioner, and ReturntoWorkSA case managers.
- Incorporate medical advice into the planning process.
- Ensure documentation is accessible to all parties.
- Maintain the worker’s goal of returning to their pre-injury employer unless the worker expressly agrees to change it.
David’s story
For David, this means his plan must involve you as his employer, his physiotherapist – and if he had been placed through a labour hire company – that provider too. Everyone involved has the same information and medical recommendations, ensuring the plan is realistic, medically sound, and focused on returning him to his original role wherever possible.
Key Takeaways for Employers
- Document your process for handling requests for suitable duties.
- Respond in writing within one month to any worker’s request.
- Involve all relevant parties in return-to-work planning.
- Consider early permanent impairment assessments under the new definitions.
- Clarify responsibilities if you use host or labour hire arrangements.
How We Can Help
At JFM Law we work with business owners, HR teams, and self-insured employers to navigate the evolving Return to Work framework in South Australia. We can:
- Review and update your return-to-work policies and procedures to meet the new Section 18 obligations.
- Draft compliant response templates for worker requests.
- Provide guidance on offering alternative duties while protecting operational efficiency.
- Assist in resolving disputes early, reducing the risk of tribunal proceedings.
- Clarify responsibilities in labour hire or host employment arrangements.
Call us on (02) 9199 8597 or email us to protect your business from costly disputes and ensure you have a positive workplace culture that meets your legal obligations.
The information contained in this post is current at the date of editing – 20 August 2025.
