Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)

Version No. 052

Workplace Injury Rehabilitation and Compensation Act 2013

No. 67 of 2013

Version incorporating amendments as at

1 November 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

Division 1—Introductory

1Purpose

2Commencement

3Definitions

4Interpretation provisions

5Application of this Act to injuries

6Claims for compensation

7Matters affecting entitlement to compensation

8Act binds the Crown

9Access to information

Division 2—Principles and guides

10Objectives of Act

11Statement of rights and obligations of workers

12Statement of rights and obligations of employers

12ACode of Claimants' Rights

12BPreparation and release of draft Code of Claimants' Rights for public comment

12CMatters to be included in the Code of Claimants' Rights

12DRights and obligations in the Code of Claimants' Rights

13Flow charts

14Effect of this Division

Part 2—Workplace injuries

Division 1—Injuries

15Flow chart 1—notice of injury

16Notice to be displayed at workplaces

17Register of injuries

18Notice of injury

19Flow chart 2—making a claim

20Claim for compensation

21Acknowledgement or notice of claim

22When claim deemed not to have been made

23Guidelines for sections 20, 21 and 22

24Prohibition on recovery of certain costs

25Medical certificate

26Worker who does not have a medical certificate

27Medical examinations

28Return to work obligations of employers and workers

Division 2—Claims for compensation that may be lodged with Authority

29Lodging of claims with Authority in certain circumstances

30Authority may require further information

31Claims against certain employers

32Record of employers referred to in section 31

33Application of Parts 2, 3 and 5

34Recovery by Authority of amount in relation to claim or contribution

35When application may be made to a court

36Employer ceasing to exist

Division 3—Entitlement to compensation

37Entitlement to compensation only if employment connected with Victoria

38Application to sailors

39Entitlement to compensation

40When no entitlement to compensation

41Pre-existing injury or disease

42Circumstances in which weekly payments are reduced because of conviction for drink-driving offence

43Circumstances in which weekly payments are reduced because of conviction for drug-driving offence

43ACircumstances in which weekly payments are reduced because of combined drink and drug driving offence

44No entitlement to compensation where conviction for certain serious road traffic offences

45If conviction or finding of guilt overturned

46Out of or in the course of employment

47Compensation for workers injured outside Australia

48Person not to be compensated twice

49Entitlement to damages outside Victoria

50Compensation for disease due to employment

51Proclaimed diseases

51AEligible progressive diseases

Division 4—Assessment of impairment

Subdivision 1—Preliminary

52Definitions

53Application of this Division to Divisions 2 and 5 of Part 5 and Part 7

53AAssessment under this Division is final assessment of impairment

Subdivision 2—Assessment in accordance with A.M.A Guides

54Assessment of impairment

55When and how to make an assessment of impairment

56Injury, impairment or symptoms consequential or secondary to physical injury

Subdivision 3—Industrial deafness

57Compensation for industrial deafness

58Excluded deafness

59Industrial deafness deemed to occur at constant rate

60Assessment of industrial deafness

61Further diminution of hearing

62Effect of determination for industrial deafness

63Assessing degree of impairment of whole person

Subdivision 4—Assessment of psychiatric, asthma and infectious disease impairment

64Psychiatric impairment

65Occupational asthma impairment

66Infectious occupational diseases

67Guidelines referred to in this Subdivision

Subdivision 5—Assessment of spinal impairment

68Spinal impairment

Subdivision 6—Eligible progressive diseases

68AAssessment of eligible progressive disease

68BClaim for compensation—eligible progressive disease

68CClaim for compensation—further impairment

Subdivision 7—Injuries requiring lung transplant surgery

68DAssessment of lung injury

68EClaim for compensation—serious lung injury

68FClaim for compensation—injury treated with lung transplant surgery

68GClaim for compensation—further impairment related to lung injury

Part 3—Compensation and claims

Division 1—Preliminary

69Definitions

Division 2—Liability and indemnity

70Liability of Authority and employer

71Authority to indemnify employer

72Employer's excess

Division 3—Claims management—General

73Responsibilities of employer

73AResponsibilities of employer—mental injuries

74Guidelines

75Responsibilities of self-insurers and the Authority

75AResponsibilities of self-insurers and the Authority—mental injuries

76Notice to include statement of right of review

Division 4—Claims management—Employer objection

77Flow chart 3—employer objection process

78Employer may request reasons for decision on a claim

79Objection by employer in respect of liability

80Objection lodged out of time

81Authority may refuse to review a decision to which a claimed employer has objected

82Withdrawal of lodged objection

83Request for information and suspension of review

84Decision following review

85Appeals

86Grounds of appeal

87Hearing of appeal by Supreme Court

88Costs of worker

89Position of worker following decision under section 84

90Recovery of payments

Division 5—Liability for payment of compensation

91Application of Division

92Liability to pay compensation in respect of an injury arising out of or in the course of any employment on or after 1 July 2014

93Provisions to apply where employer does not meet liabilities

94Provisions relating to payment of compensation

95Interim payment—weekly payments

Part 4—Return to work

Division 1—Preliminary

96Definitions

97Purpose

98Application of Part

99Obligations of employers and workers

100Section 28 and this Part do not derogate from other provisions

101Part not to apply in certain circumstances

Division 2—Obligations of employers

102Flow chart 4—return to work obligation of employers

103Provide employment

104Plan return to work

105Consult about the return to work of a worker

106Return to work co-ordinator to be appointed

107Make return to work information available

108Employer to notify Authority of return to work of worker

109Host to co-operate with labour hire employer

Division 3—Obligations of workers

110Flow chart 5—return to work obligation of workers

111Participate in planning for return to work

112Use occupational rehabilitation services

113Participate in assessments

114Return to work

115Participate in an interview

Division 4—Termination of compensation

116Failure to comply with Division 3

117Notification of return to work

Division 5—General provisions

118Resolution of return to work issues

119Information about the employment obligation period

120Authority may give direction

121Compliance code

122Disallowance of certain compliance code orders

123Effect of compliance codes

124Effect of compliance with compliance codes

125Functions of Authority in respect of compliance codes

Division 6—Return to Work Inspectorate

126Appointment of inspectors

127Identity cards

Division 7—Functions and powers of inspectors

128Interpretation

129Inspectors subject to Authority's directions

130Power to enter

131Announcement on entry

132Report to be given about entry

133General powers on entry

134Power to require production of documents and answers to questions

135Return of seized things

136Power to issue Return to Work improvement notice

137Directions or conditions in a Return to Work improvement notice

138Variation or cancellation of Return to Work improvement notice

139Issue of Return to Work improvement notice

140Formal irregularity or defect in Return to Work improvement notice

141Proceedings for offence not affected by Return to Work improvement notice

142Persons must assist inspector

143Other assistance in exercising powers

144Inspector may take affidavits and statutory declarations

145Inspector may copy documents

Division 8—Offences

146Offences in relation to inspections

147Protection of inspectors

148Offence to impersonate inspector

Division 9—Review of decisions

149Which decisions are reviewable

150Internal review

151Review by VCAT

Part 5—Benefits

Division 1—Preliminary

152Definitions

153Definition—pre-injury average weekly earnings

154Definition applying to pre-injury average weekly earnings—relevant period

155Definition applying to pre-injury average weekly earnings—ordinary earnings

156Definition applying to pre-injury average weekly earnings and current weekly earnings—base rate of pay

157Definitions applying to pre-injury average weekly earnings—earnings enhancement and enhancement period

158Definition applying to pre-injury average weekly earnings and current weekly earnings—ordinary hours of work

159Twice the State average weekly earnings

Division 2—Weekly payments

Subdivision 1—General

160Compensation in weekly payments [s. 93]

161Weekly payments in first entitlement period

162Weekly payments in second entitlement period

163Weekly payments after the second entitlement period

164Compensation for incapacity arising from surgery after second entitlement period

164AReview of impairment arising from surgery after second entitlement period

165Continuation of weekly payments after second entitlement period

166Entitlement under section 165 not affected by certain circumstances

167Certificates of capacity for work

Subdivision 1A—Determination of eligibility for compensation after second entitlement period

167AAuthority or self-insurer to determine degree of impairment

167BAssessment of worker's degree of impairment

167CDetermination that it is not necessary or practicable to obtain an assessment

167DInterim determination of eligibility

167ENotice of interim determination of eligibility

167FNotice of ongoing eligibility determination

167GEffect of ongoing eligibility determination made after interim determination

167HReferral of dispute to Medical Panel

167IOngoing eligibility determination does not give rise to issue estoppel

167JNo appeal from certain determinations and opinions

167KMinister may give directions

Subdivision 2—Superannuation contributions

168Compensation in the form of superannuation contributions

Subdivision 3—Compensation after retirement

169Injury after retirement

170Compensation for incapacity arising after retirement age

171Compensation after retirement

Subdivision 4—Effect of certain pensions on weekly payments

172Effect of disability or other pensions and lump sums on weekly payments

173Notification of entitlement to certain payments

Subdivision 5—Provisions relating to the payment of compensation

174Regard not to be had to certain contracts etc.

175Absence from Australia

176Further provisions concerning compensation

177Sentences of imprisonment

178Time for payment

179Payment of weekly payments

Division 3—Alteration or termination of weekly payments and superannuation contributions

180Application of Division

181Application by worker to alter amount of weekly payments

182Authority or self-insurer may terminate or alter weekly payments

183Grounds for alteration or termination of weekly payments

184Grounds for alteration or termination of superannuation contributions

185Where worker's weekly payments are reduced

186Termination or alteration of weekly payments under certain provisions

187When termination of compensation in the form of superannuation contributions has effect

188Notices

189When a required period of notice must be given

190Reduction of weekly payments after the first entitlement period

191Termination of weekly payments after expiry of second entitlement period

192Notice of reduction of weekly payments

193Outstanding weekly payments

194Outstanding superannuation contributions

Division 4—Claims for compensation for non‑economic loss

195Flow chart 6—impairment benefits process

196Definitions

197Claims for compensation under Division 5

198Division 5 claim cannot be made unless all proceedings under section 328(2)(b) have been determined

199Initiation of claim by Authority or self-insurer

200Authority may suspend a claim

201Authority or self-insurer to accept or reject claim

202No proceedings by worker in relation to rejection of liability without conciliation

203Assessment of impairment

204Written statement of injuries

205Worker to advise Authority or self-insurer of worker's acceptance or dispute of decision as to liability under section 201(1)

206Variation of decision made under section 201(1)(a)

207Reference of dispute under section 205(3)(a) or 206(3)(a) to Medical Panel

208No appeal from certain determinations and opinions

209Minister may give directions

Division 5—Compensation for non-economic loss

210Definitions

211Compensation for non-economic loss—permanent impairment

212Compensation for non-economic loss—permanent psychiatric impairment

213Compensation for non-economic loss—industrial deafness in respect of further hearing injury

214Compensation for non-economic loss—loss of foetus

214ACompensation for non-economic loss—further impairment

215Injuries by gradual process other than industrial deafness

216Effect of payment of compensation under this Division

217Limits on compensation

218Compensation not payable after death of worker except in limited circumstances

219Compensation not to exceed relevant maximum

220Payment of compensation as lump sum

221No Disadvantage—Compensation Table

Division 6—Rehabilitation services prior to acceptance of claim

222Authority or self-insurer may pay for rehabilitation service

Division 7—Compensation for medical and like services

223Definitions

224Liability of Authority and self-insurer

225Where services provided by employer

226To whom compensation under this Division is to be paid

227Certain actions etc. not permitted

228Medical and like services outside Australia

229Compensation not payable for certain accommodation etc.

230Occupational rehabilitation services

231Modification of cars and homes

232Duration of compensation under this Division

233Termination of payment for professional services obtained fraudulently

Division 8—Compensation for death of worker

234Definitions

235How compensation for death of worker determined

236Dependants

237Dependent children and partners and partially dependent partner

237AAOther dependants

237ACompensation of close family members for grief and loss

238Certain compensation payable to trustee

239Interest payable [s. 92A(12)]

240Reimbursement of expenses incurred by non‑dependent family members of a deceased worker

241Weekly pensions for dependants of worker who dies

242Payment of weekly pensions

243Provisional payments

243ACertain provisional payments payable to trustee

Division 9—Voluntary settlements

Subdivision 1—Settlements in specific circumstances

244To whom this Subdivision applies

245Right to apply for settlement

246Amount of settlement

Subdivision 2—Other settlements

247Application of this Subdivision

248Right to apply for settlement

249Amount of settlement

250Order in Council concerning settlements

Subdivision 3—Application procedure

251Expression of interest must first be given

252Authority or self-insurer must respond to expression of interest

253Application for settlement

254Time limit for making applications

255Authority or self-insurer must respond to application

256Time limit on response to offer

257Payment and nature of settlement amounts

258Adjustment of settlement amount offers

259Worker may withdraw application at any time

260Circumstances in which offer may be withdrawn or settlement avoided

261Preclusion of further claims

262Authority or self-insurer may extend or waive time limits

263Minister may give directions

Division 10—Provisional payments for mental injuries

263AADefinition of mental injury does not apply

263ADefinition

263BEntitlement to provisional payments for mental injuries

263CTo whom provisional payments under this Division are to be paid

263DCertain actions etc. not permitted

263EMedical and like services outside Australia

263FProvisional payments not payable for certain accommodation etc.

263GOccupational rehabilitation services

263HModification of cars and homes

263IDuration of provisional payments under this Division

263JProvisional payments are not compensation

263KTermination of provisional payments for services obtained fraudulently

263LGuidelines for the purposes of this Division

263MDisputes about provisional payments

263NRequests for information about provisional payments

Part 6—Dispute resolution

Division 1—Jurisdiction

264Jurisdiction—general

264AJurisdiction under Subdivision 4 of Division 2

265Jurisdiction under Workers Compensation Act 1958

266Jurisdiction of Magistrates' Court

267Application of this Act to the Magistrates' Court

268Certain evidence inadmissible in certain proceedings

269Use of documents relating to worker's claim

270Protection of information given to Medical Panel

271Admissibility of certificates of Medical Panel

272Certain persons not compelled to give evidence

273Certain proceedings referred for conciliation

273AProceeding may not be commenced if dispute referred for arbitration

274Medical questions

275Court may state a question regarding factual issues before referring a medical question to a Medical Panel

276Court to give copies of documents to parties

277Copies of Medical Panel's opinion

278Costs

279Costs liability of legal practitioner

Division 2—Disputes and conciliation

Subdivision 1—Preliminary

280Flow chart 7—dispute resolution process if a claimant disagrees with a decision

281Definitions

281ADuty of ACCS

Subdivision 2—Medical questions

284ACCS may seek opinion of a Medical Panel on medical question

284AResolution of factual issues before referral to Medical Panel

285Referral of medical question relating to section 165 of this Act or section 93CD of the Accident Compensation Act 1985

288Information from provider of medical service or other service

289Costs of reports by registered health practitioners

Subdivision 3—Conciliation of disputes

289ALodging of disputes for conciliation

289BPower of ACCS to allow late or out of time referral of dispute

289CConciliation by Conciliation Officer

290Conciliation without conference

290ARepresentation by legal practitioner in conciliation

290BProduction and disclosure of information

291Power to request or release documents etc.

292Offence to make false or misleading statement

294Powers of ACCS in conciliation

295Offence not to comply with direction

296Outcome certificates to be issued

297ACCS may give directions about payment of compensation

298Genuine disputes about certain matters

299Revocation of directions of ACCS

300Payments under direction etc. not admission of liability

301Costs

301AMinisterial guidelines for conciliations

301BACCS policies and procedures for conciliations

Subdivision 4—Arbitration of disputes

301CLodging of disputes for arbitration

301DPower of ACCS to allow late or out of time referral of dispute

301EArbitration by Arbitration Officer

301FConduct of arbitration hearing

301GRepresentation by legal practitioner in arbitration

301HProduction and disclosure of information

301IPower to request documents or information

301JOffence to make false or misleading statement

301KPowers of ACCS

301LDispute resolved by parties or referred for further conciliation

301MAdjournment of dispute

301NDismissal of dispute

301OArbitration hearing procedures

301PTime period in which determination must be made

301QPeriods in which time does not accrue

301RDetermination

301SACCS may make determination about compensation

301TWhen determination has effect

301UDetermination certificates to be issued

301VReasons for determination

301WCosts

301WACosts for arbitration of dispute that is resolved at further conciliation

301XEnforcement of determination

301YDetermination is binding

301ZAppeal to Supreme Court

301ZAMinisterial guidelines for arbitrations

301ZBACCS policies and procedures for arbitrations

Subdivision 5—Resolution by agreement of parties to dispute

301ZCCertification of agreement for resolution of dispute

301ZDCosts

Division 3—Medical Panels

302Function of Medical Panel

303Procedures and powers

304Reference of medical question

305Convenor to convene Medical Panel

306When opinion on medical question may not be given

307What a Medical Panel may ask a worker to do

308Examination by Medical Panel

309If worker unreasonably refuses to comply with request under section 307

310Attendance before Medical Panel to be in private

311Medical Panel can ask provider of medical service to attend

312Medical Panel may request further information

313Opinions

Division 4—Determination by courts and recognition of determinations

314Determination of State with which worker's employment is connected in proceedings under this Act

315Determination of the State with which worker's employment is connected

316Recognition of previous determinations

317Determination may be made by consent

Part 7—Actions and proceedings for damages

Division 1—Choice of law

318Claims to which this Division applies

319The applicable substantive law for work injury damages claims

320What constitutes injury and employment and who is employer

321Claim in respect of death included

322Meaning of substantive law

323Availability of action in another State not relevant

Division 2—Actions for damages

Subdivision 1—Preliminary

324Flow chart 8—common law process

325Definitions

326Actions for damages

327Actions for damages—serious injury

Subdivision 2—Proceedings for damages

328Proceedings under this Division

329Medical examination

329ACalculation of period of time for certain matters

330Authority or self-insurer to respond to application

331Response by applicant

332Certain material not admissible in proceedings

333Conference before proceedings commence

334Statutory offer and counter offer

335Proceedings for damages for serious injury

336Finding on an application does not give rise to issue estoppel

337Authority may consent to bringing of proceedings

338No further application allowed

339Worker not entitled to recover damages for same injury despite review of degree of impairment

340Proceedings—limitations on awards

341Jury not to be informed of certain matters

342Limitation on damages in respect of pecuniary loss

343Judgments, order for damages, settlement or compromise to be reduced by certain amounts of compensation paid

344Costs

345Present value of future loss to be qualified

346Limitation on award of interest on an amount of damages

347When Authority, employer and self-insurer cease to be liable to pay weekly payments

348Determination of serious injury application after death of worker

349Calculation of limitation of actions period within which proceedings may be commenced

350Division not to affect date of accrual of cause of action

352Directions

353Legal practitioner may recover costs

354Legal costs order

355Litigated claims legal costs order—workers

356Litigated claims legal costs order—Authority and self‑insurers

Subdivision 3—Subsequent action for damages

356ADefinitions

356BInitial and subsequent award of damages for serious silica-related conditions

356COnly one subsequent award of damages permitted

356DRegard must be had to initial award of damages

356ERegard must be had to legal costs incurred in initial action

356FTotal award of damages not to exceed relevant statutory maximum

Division 3—Actions by terminally ill workers or workers with asbestos-related conditions

357Actions by terminally ill workers or workers with asbestos-related conditions

358Actions by terminally ill workers continued after death of worker

Division 4—Administration by a trustee

359Certain funds to be administered by trustee

Division 5—Conduct of common law proceedings

360Definitions

361Application of Division

362Apportionment of liability

363Notice of proceedings

364Conduct of defence

365Order for apportionment of liability

Division 6—Other actions and rights

366Damages under Part III of Wrongs Act 1958

367Liability of Transport Accident Commission

368Settlement between Transport Accident Commission and the Authority

369Indemnity by third party

370Substantive law

371Compensation for pain and suffering

Part 8—Self-insurers

Division 1—General

372Definitions

373Student workers

374Municipal Association of Victoria as self-insurer

Division 2—Application for approval as self‑insurer

375Determination of eligibility to apply for approval as self‑insurer

376Application for approval as self-insurer

377Estimated relevant remuneration

378Adjustment of application fee

Division 3—Approval as self-insurer

379Approval as self-insurer

380Terms and conditions of approval

381Notice to be given to employer if application refused

382Period that approval has effect

383Approval of new holding company as self-insurer

384Review of approval

385Revocation of approval

386Cost associated with revocation recoverable from employer

387Non-WorkCover employer ceases to be a self‑insurer

Division 4—Contributions to WorkCover Authority Fund

388Payment of contribution

389Submission of return by self-insurer

Division 5—Review of contributions by self-insurers

390Review of contributions

Division 6—Liability for claims for compensation

Subdivision 1—Liability of self-insurer

391Self-insurer's liability to pay compensation

392Claims management

393Liabilities of self-insurer to be guaranteed

394Payments by Authority

Subdivision 2—Election by self-insurer to assume liability for tail claims

395Movement from scheme insurance to self-insurance

396When a self-insurer becomes an eligible subsidiary of a holding company

397When an employer that is a body corporate becomes an eligible subsidiary of a self-insurer

398When a self-insurer becomes an eligible subsidiary of another self-insurer

399Guarantee of liability for tail claims

400Requirement for guarantee

401Arrangements for payments in respect of liability for tail claims

402Where an eligible subsidiary ceases to be an eligible subsidiary of a self-insurer

Subdivision 3—Employer that ceases to be self-insurer or otherwise to be liable for tail claims

403Employer ceases to be self-insurer

404General provisions applying to assessment by an actuary

405Initial assessment of liability for tail claims

406Annual assessment of tail claims liabilities and adjustment of payments

407Provision of guarantees

408Review of final revised assessment at the end of the liability period

409Eligible subsidiary of self-insurer becomes a non-WorkCover employer

Division 7—Miscellaneous

410Guidelines

411Effect of guidelines

412Secrecy provisions

Part 9—Non-WorkCover employers

413Definitions

414Authority retains or assumes liability for tail claims

415Actuary to assess tail claims liabilities

416Obligation of non-WorkCover employer

417Annual assessment of tail claims liabilities

418Adjustment of payments as at the end of the third year

419Adjustment of payments as at the end of the sixth year

420Payments of tail claims

421Provision of guarantees

422Provision of new guarantee

423Recovery under guarantees

424Review of final revised assessment at the end of the liability period

425Liability of Authority under this Part

426Legal proceedings excluded

427Application of Part if non-WorkCover employer ceases to be a non-WorkCover employer

428Failure to comply with a provision of this Part

Part 10—Premiums and registration of employers

Division 1—Preliminary

429Application

430Liability to pay premium

431Groups

432Joint and several liability of group members

Division 2—Registration

433Flow chart 9—registration of employer

434Registration of employers

435Statutory contract of insurance

436Registered employer to notify change of circumstances

437Evidence that employer is registered under this Part

438Books and accounts to be preserved

Division 3—Rateable remuneration

439Employer to give estimate of rateable remuneration

440Authority may estimate rateable remuneration of employer

441Certified statement of rateable remuneration

442Employer to give certified statement

443Revised estimates of rateable remuneration

444Where employer fails to provide accurate information about rateable remuneration

445Worker employed under Transport Accident Commission program

446Superannuation benefits and calculation of premiums

Division 4—Premiums

447Flow chart 10—Determination of premium process

448Premiums order

449Authority may give notice of premium

450Premium payable where employer not registered for whole of premium period

451Adjustment of premium in certain circumstances

452Default penalty

453Payment and recovery of penalties

454Late payment penalty

455Default penalty where failure to provide full and true disclosure

456Application for refund of premium

457Premium avoidance schemes

458Proceedings not to be brought

Division 5—Premium review

459Flow chart 11—premium review process

460Definitions

461Employer may apply for review of a reviewable amount under this Division

462Time for making, and form of, application for review

463Application for review made out of time

464Authority may decline application for review

465Withdrawal of application for review

466Time period for review

467Request for information and suspension of review

468Determination of review

469Payments following review of reviewable amount

470Interest payable following review of reviewable amount

471Deemed determinations of the Authority

472Review of premium by Authority at its discretion

473Adjustment of premium after review

474Application of adjustment powers under section 473

475Recovery of increased premium

476Refund of premium may be offset

477Exercise of review and adjustment powers

Division 6—Review by VCAT and appeal to Supreme Court

478Right of review and appeal

479Authority to lodge material

482Grounds of review

483Onus on review or appeal

484Review by VCAT

485Supreme Court appeals

486Authority to give effect to decision on review

487If no appeal from a decision or order

Division 7—Recovery of premium or penalty

488Recovery of premium or penalty

489Evidence

Division 8—Reviews by Minister

490Review of setting of premiums

Part 11—The Victorian WorkCover Authority

Division 1—Constitution

491The Authority

492Objectives of the Authority

493Functions of the Authority

494Powers of the Authority

495Accountability of the Authority

496Guidelines, forms and advisory practice notes

497Power to give advice on compliance

498Chief Executive Officer

499Officers and employees

500Delegation

501Authorised agents

Division 2—Board of Management

502Establishment of Board

503Constitution of Board

504Execution of documents

505Judicial notice of signatures

506Directors generally

507Acting Directors

508Vacancy, resignation and termination

509Chairperson

510Meetings of the Board

511Pecuniary interests of Directors

Division 3—WorkCover Advisory Committee

512WorkCover Advisory Committee

Division 4—Financial matters

513WorkCover Authority Fund

514Borrowing powers

515Repayment of capital

516Dividends

517Budget

518Operating and financial report

Part 12—Other bodies

Division 1—Accident Compensation Conciliation Service

519Accident Compensation Conciliation Service

520Official seal

521ACCS does not represent the Crown

522Functions

523Powers

524Board of directors

525Conditions of appointment of directors

526Acting appointments

527Validity of acts or decisions

528Proceedings of board

529Resolutions without meetings

530Chief Executive Officer

531Staff of ACCS

532No interference in individual conciliations or arbitrations

533Data to be collected by the Chief Executive Officer

534Indemnity, borrowing and guarantees

535Extra territoriality

536Delegation

536AProtection against liability

536BDirection by Minister

536CACCS budget

536DAuthority to fund ACCS

536ESignature

Division 2—Medical Panels

537Establishment and constitution

537AMedical Panels budget

537BAuthority to fund Medical Panels

538Term, resignation and termination

539Advisory functions

540Validity of acts or decisions

541Protection for Convenor and members of a Medical Panel

Part 13—General

Division 1—Indexation

542Indexation—weekly payments

543Indexation of weekly pensions for dependants of a worker who dies

544Indexation of certain amounts—according to average weekly earnings

545Indexation of certain amounts—consumer price index

546Indexation—no reduction

547Indexation—rounding

Division 2—Agreements

548Reciprocal agreements—compensation

549Reciprocal agreements—premiums or other amounts

550Reciprocal agreements—relevant services

551Incentive agreements to improve employer performance

Division 2A—Use of information

551AUse of information

Division 3—Access to information

552Power to obtain information and evidence

553Powers of inspection

554Offences

555Access to police records

556Court to provide certificate of conviction

557The Secretary to the Department of Transport and Planning may disclose information to Authority

Division 4—Issue of search warrants

558Issue of search warrants

Division 5—Prohibited conduct relating to touting for claims

559Definitions

560Prohibited conduct by agents

561Offence of engaging in prohibited conduct

562Consequences of prohibited conduct for recovery of fees by agents

563Consequences of prohibited conduct for legal practitioners

564Legal practitioner and agents can be requested to certify as to prohibited conduct

565Power to restrict or ban recovery of costs by agents who engage in prohibited conduct

566Power to restrict or ban agents who engage in prohibited conduct

567Duty of claimants to comply with requests for information about agents and legal practitioners

Division 6—Regulation of providers of professional services

568Suspension of payments for services

569Effect of disqualifying offence

570Conduct of service providers

571Findings of relevant bodies

572Notice to be given before determination made

573Authority may publish list of providers subject to disciplinary action

574Victorian Civil and Administrative Tribunal

Division 7—Discriminatory conduct

575Offence to engage in discriminatory conduct

576Order for damages or reinstatement

577Procedure if prosecution is not brought under section 575

578Civil proceedings relating to discriminatory conduct

579Effect of orders on other orders under section 575, 576 or 578

580Claims under section 576 or 578

Division 8—Offences

Subdivision 1—Fraud, bribery and false information

581Fraud

582Bribery

583False or misleading information

584False or misleading statements

585False information

586Investigations

587Indemnity

Subdivision 2—Other offences

588Unauthorised use of information

589Obstructing officers

Division 9—Miscellaneous

590Certificate

591State taxation officer

592Signature

593Service of documents by the Authority

594Service of documents on the Authority

595Secrecy provisions

596Liability of premium adviser

597Protection against self-incrimination

598Legal professional privilege and client legal privilege not affected

599Refunding money to the Authority etc.

600Imputing conduct of bodies corporate

601Criminal liability of officers of bodies corporate—failure to exercise due diligence

602Responsible agency for the Crown

603Proceedings against successors to public bodies

604Undertakings

605Adverse publicity orders

605AReview of the compensation scheme under this Act

Division 10—Prosecutions

606Institution of prosecutions under Part 4

607Return to work—procedure if prosecution is not brought

608Institution of prosecutions

Division 11—Directions and guidelines

609Directions given by the Minister

610Directions given for the purposes of Part 4

611Guidelines made by the Minister

612Guidelines made by the Authority

Division 12—The Authority and the IBAC

613Mandatory notification of corrupt conduct to IBAC

614Consultation prior to notification

615Communication of information to the IBAC

616Authority not to prejudice investigations of the IBAC

Division 13—Section 85 provisions

617Supreme Court—limitation of jurisdiction—conferral of exclusive jurisdiction

618Supreme Court—limitation of jurisdiction—no proceedings

619Proceedings

Division 14—Regulations

620Regulations

Division 14A—Review of amendments

620AIndependent review by expert panel

620BAppointment of expert panel

Division 15—Savings, repeal and transitionals

622Re-enacted provisions of Accident Compensation Act 1985

623Repeal of Accident Compensation (WorkCover Insurance) Act 1993

623ATransitional provision—Staff to be transferred to ACCS

623BTransitional provision—Transfer of staff to ACCS

623CProvisions relating to establishment of ACCS

623DValidity of things done under section 623C

623ESavings provisions—Compensation Legislation Amendment Act 2016

623FTransitional provision—Compensation Legislation Amendment Act 2016

623GTransitional provision—WorkSafe Legislation Amendment Act 2017

623HTransitional provision—WorkSafe Legislation Amendment Act 2017

623ITransitional provision—WorkSafe Legislation Amendment Act 2017

623JSavings provision—seafarers' claims

623KTransitional provision—Compensation Legislation Amendment Act 2018

623LTransitional provision—Treasury and Finance Legislation Amendment Act 2018

623MTransitional provision—Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019

623MATransitional provision—Workplace Injury Rehabilitation and Compensation Amendment (Arbitration) Act 2021

623NTransitional provision—Workplace Safety Legislation and Other Matters Amendment Act 2022

624Transitional provision—Local Government Legislation Amendment (Rating and Other Matters) Act 2022

625Transitional provision—Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Act 2024

626Transitional provisions—Workplace Injury Rehabilitation and Compensation Amendment Act 2025—administration of Authority

627Transitional provisions—Workplace Injury Rehabilitation and Compensation Amendment Act 2025—sections 214A and 545

628Transitional provision—Workplace Injury Rehabilitation and Compensation Amendment Act 2025—section 224

629Transitional provision—Workplace Injury Rehabilitation and Compensation Amendment Act 2025—section 241

Schedules

Schedule 1—Further interpretative provisions

Schedule 2—Pre-injury average weekly earnings

Schedule 3—Modification to degrees of impairment for the purposes of Division 5 of Part 5

Schedule 4—No Disadvantage—Compensation Table

Schedule 5—Table to be used to determine settlement amounts under section 246

Schedule 6—Self-insurers—Pre-application eligibility fee

Schedule 7—Application fee for approval as self‑insurer

Schedule 8—Persons to whom document may be produced or information communicated or divulged

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 052

Workplace Injury Rehabilitation and Compensation Act 2013

No. 67 of 2013

Version incorporating amendments as at

1 November 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

Division 1—Introductory

1Purpose

The purpose of this Act is to—

(a)simplify the provisions applying to the rehabilitation of injured workers and compensation in relation to injuries or deaths arising out of accidents and diseases in the workplace on or after 1 July 2014; and

(b)streamline the provisions of the Accident Compensation Act 1985 which continue to apply in respect of injuries or deaths arising out of accidents and diseases in the workplace before 1 July 2014; and

(c)provide a single gateway for claims for compensation whether under this Act or the Accident Compensation Act 1985; and

(d)provide for the registration of employers and the payment of WorkCover premiums; and

(e)repeal the Accident Compensation (WorkCover Insurance) Act 1993; and

(f)make consequential amendments to the Accident Compensation Act 1985, the Workers Compensation Act 1958 and certain other Acts.

2Commencement

(1)This Act, other than sections 626, 628(1), (2), (3) and (4), 629, 630(1), (2), (3), (4), (5), (6), (10) and (11), 631, 632, 633, 637(4), 641, 642, 643 and 647, comes into operation on 1 July 2014.

(2)Section 626 (except subsection (7)) and sections 628(2), (3) and (4), 629, 630(1), (2), (4), (5), (10) and (11), 631, 632, 633, 637(4) and 642 come into operation on the day after the day on which this Act receives the Royal Assent.

(3)Sections 630(3) and 641 are deemed to have come into operation on 5 April 2010.

(4)Section 647 is deemed to have come into operation on 1 July 2010.

(5)Sections 628(1) and 643 are deemed to have come into operation on 20 October 2010.

(5A)Section 626(7) is deemed to have come into operation on 1 July 2011.

(6)Section 630(6) is deemed to have come into operation on 1 July 2012.

3Definitions

In this Act—

accounting records has the same meaning as it has in section 3 of the Financial Management Act 1994;

ACCSmeans the Accident Compensation Conciliation Service established under section 519;

A.M.A Guides means the American Medical Association's Guides to the Evaluation of Permanent Impairment (Fourth Edition) (other than Chapter 15) as modified by this Act and the regulations;

ambulance service means the conveying of a worker by any reasonable means—

(a)for the purpose of receiving medical or hospital services; or

(b)to the worker's place of residence after receiving medical or hospital services;

applicable prescribed percentage, in relation to the amount paid or payable to a class of worker, means the percentage of remuneration prescribed by the regulations as not being attributable to the performance of work by a worker of that class;

apprentice, except in clause 17 of Schedule 1, means an apprentice within the meaning of the Education and Training Reform Act2006;

Arbitration Officer means an Arbitration Officer holding office under section 531;

authorised agent means a person appointed by the Authority under section 501 as an authorised agent;

Authoritymeans the Victorian WorkCover Authority continued in existence by section 491(1);

Board means the Board of Management of the Authority;

books includes any document;

Note

See the definition of document in section 38 of the Interpretation of Legislation Act 1984.

Conciliation Officer means a Conciliation Officer holding office under section 531;

Conciliation Service

means the Accident Compensation Conciliation Service established under section 52A of the Accident Compensation Act 1985 as

in force immediately before 1 July 2014;

Convenor means the Convenor of Medical Panels appointed under section 537;

corresponding Authority means a Government department or a statutory authority
of the Commonwealth Government, or of the Government of another State or of a Territory, that is responsible for administering a law corresponding to this Act, the Occupational Health and Safety Act 2004, the Dangerous Goods Act 1985 or the Equipment (Public Safety) Act 1994;

corrupt conduct has the meaning given in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011;

current weekly earnings has the meaning given by section 152;

current work capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment;

declared training program means a training program in respect of which a declaration under clause 2 of Schedule 1 is in force;

dependant means a person who—

(a)at the time of the death of a worker was wholly, mainly or partly dependent on the earnings of the worker; or

(b)would, but for the incapacity of a worker due to an injury, have been wholly, mainly or partly dependent on the earnings of the worker;

disease includes—

(a)any physical or mental ailment, disorder, defect or morbid condition whether of sudden or gradual development; and

(b)the aggravation, acceleration, exacerbation or recurrence of any pre‑existing disease;

domestic partner of a person, means—

(a)a person who is in a registered domestic relationship within the meaning of the Relationships Act 2008 with the person; or

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender), taking into account all the circumstances of their relationship, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case;

drive includes to be in control, or in charge, of a motor vehicle;

eligible progressive disease means a disease that is declared to be an eligible progressive disease by Order made under section 51A;

eligible subsidiary has the meaning given by section 372;

employer includes—

(a)a person—

(i)for whom a worker works; or

(ii)with whom a worker agrees to perform work—

at the person's direction, instruction or request, whether under a contract of employment (whether express, implied, oral or in writing) or otherwise; and

(b)a person who is deemed to be an employer under this Act; and

(c)if the services of a worker are temporarily lent or let on hire to another person by, or with the consent of, the person with whom the worker has entered into a contract of employment or apprenticeship or otherwise, the last mentioned person, while the worker is working for that other person; and

(d)the legal personal representative of an employer who is dead;

employersuperannuation contribution means any contribution made by an employer in respect of a worker to any scheme or fund for the payment of superannuation, retirement or death benefits including a contribution made by an employer on behalf of the worker under a salary sacrifice agreement or arrangement but excluding—

(a)any contribution in respect of a worker that is not made for the purposes of avoiding a liability on an employer under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and

(b)any contribution in respect of a worker which is not made for the purposes of discharging an obligation on an employer under—

(i)an industrial award; or

(ii)a public sector superannuation scheme, agreement or arrangement; or

(iii)any other Commonwealth or State law relating to superannuation; and

(c)any contribution, made by an employer in respect of a worker under a salary sacrifice agreement or arrangement, of a kind or class specified by the Minister by an Order published in the Government Gazette;

exemption limit, in relation to a financial year, means the amount prescribed in the premiums order in respect of that financial year for the purposes of clause 20(3)(d) of Schedule 1;

first entitlement period has the meaning given by section 152;

fringe benefit has the same meaning as in the Fringe Benefits Tax Assessment Act 1986 of the Commonwealth but does not include anything that is prescribed by the regulations not to be a fringe benefit for the purposes of this definition;

full-time worker means a worker who is employed for at least the normal number of hours fixed in any industrial award applicable to the worker or, if there is no applicable award, the prescribed number of hours;

heart attack injury means an injury to the heart, or any blood vessel supplying or associated with the heart, that consists of, is caused by, results in or is associated with any of the following—

(a)any heart attack;

(b)any myocardial infarction;

(c)any myocardial ischaemia;

(d)any angina, whether unstable or otherwise;

(e)any fibrillation, whether atrial, ventricular or otherwise;

(f)any arrhythmia of the heart;

(g)any tachycardia, whether ventricular, supra ventricular or otherwise;

(h)any harm or damage to such a blood vessel or to any associated plaque;

(i)any impairment, disturbance or alteration of blood, or blood circulation, within such a blood vessel;

(j)any occlusion of such a blood vessel, whether the occlusion is total or partial;

(k)any rupture of such a blood vessel, including any rupture of an aneurism of such a blood vessel;

(l)any haemorrhage from such a blood vessel;

(m)any aortic dissection;

(n)any consequential physical harm or damage, including harm or damage to the brain;

(o)any consequential mental harm or damage;

hospital means—

(a)a public hospital, denominational hospital, private hospital or public health service within the meaning of the Health Services Act 1988; or

(b)a day procedure centre within the meaning of the Health Services Act 1988; or

(c)a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022; or

(d)a hospital within the meaning of a law of another State or of a Territory; or

(e)a place within Australia declared by Order of the Governor in Council to be a hospital for the purposes of this Act; or

(f)a place outside Australia approved by the Authority as a hospital for the purposes of this Act;

hospital service includes—

(a)maintenance, attendance and treatment in a hospital; and

(b)the provision by a hospital of—

(i)medical attendance and treatment; and

(ii)nursing attendance; and

(iii)medicines, medical, surgical and other curative materials, appliances or apparatus; and

(iv)any other usual or necessary services provided by a hospital with respect to the treatment of an injury or disease of a worker;

IBAC means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011;

IBACpersonnel has the same meaning as it has in the Integrity Oversight Victoria Act 2011;

incapacityincludes—

(a)a disfigurement that is sufficient to affect the earning capacity of a worker or a worker's opportunities for employment; and

(b)in relation to industrial deafness, inability to engage in the worker's own or other suitable employment because of an immediate and substantial risk of increasing the industrial deafness to a level of material disability;

industrial award means—

(a)a fair work instrument (other than an FWC order) within the meaning of the Fair Work Act 2009 of the Commonwealth; or

(b)a transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth;

industrial deafness means any condition of deafness caused by—

(a)exposure; or

(b)continued exposure; or

(c)periods of continued exposure—

to industrial noise;

injury means any physical or mental injury and, without limiting the generality of that definition, includes—

(a)industrial deafness; and

(b)a disease contracted by a worker in the course of the worker's employment (whether at, or away from, the place of employment); and

(c)a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease;

interest at the prescribed rate means interest at the rate fixed for the time being under section 2 of the Penalty Interest Rates Act 1983;

legal practitioner means an Australian legal practitioner;

lung transplant surgery means the replacement of one or both lungs;

Medical Panel means a Medical Panel constituted under Division 2 of Part 12;

medical practitioner means—

(a)a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); and

(b)in relation to anything done for the purposes of this Act—

(i)in a place within Australia but outside Victoria, a medical practitioner who is lawfully qualified in that place to do that thing; and

(ii)in a place outside Australia, a medical practitioner who is lawfully qualified in that place to do that thing and who is approved for the purposes of this Act by the Authority or a self-insurer;

medical question means any of the following—

(a)a question as to the nature of a worker's medical condition relevant to an injury or alleged injury;

(b)a question as to the existence, extent or permanency of any incapacity of a worker for work or suitable employment and the question whether a worker is partially or totally incapacitated;

(c)a question as to whether a worker has a current work capacity or has no current work capacity and what employment would or would not constitute suitable employment;

(d)a question as to whether a worker, on a particular date or during a particular period, had no current work capacity and, if not, what employment would, or would not, have constituted suitable employment on that date or during that period;

(e)a question as to whether a worker has no current work capacity and is likely to continue indefinitely to have no current work capacity;

(f)a question as to whether a worker has a current work capacity and, because of the injury, is, and is likely to continue indefinitely, to be incapable of undertaking—

(i)further or additional employment or work; or

(ii)further or additional employment or work that would increase the worker's current weekly earnings—

and, if not so incapable, what further or additional employment or work the worker is capable of undertaking;

(g)a question as to the medical, personal and household or occupational rehabilitation service provided, or to be provided, to a worker for an injury, including a question as to the adequacy, appropriateness or frequency of that service;

(h)a question whether a worker's employment was in fact, or could possibly have been—

(i)a significant contributing factor; or

(ii)a contributing factor—

to an injury or alleged injury, or to a similar injury;

(i)a question as to the extent to which any physical or mental condition, including any impairment, results or resulted from or was or is, materially contributed to by the injury;

(j)a question as to the level of impairment of a worker, including—

(i)a question of the degree of impairment of a worker assessed in accordance with Division 4 of Part 2 of this Act or section 91 of the Accident Compensation Act 1985;

(ii)a question as to whether or not that impairment is permanent;

(k)a question as to the amount of the total percentage referred to in section 61(2)(b) of this Act or section 89(3)(b) of the Accident Compensation Act 1985;

(l)a question as to whether a worker has an injury which is a total loss mentioned in the Table in Schedule 4 of this Act or the Table in Schedule 3B of the Accident Compensation Act 1985;

(m)a question whether a worker's incapacity for work results or resulted from, or is or was materially contributed to by, an injury or alleged injury;

(n)a question prescribed to be a medical question in respect of an application for leave under section 335(2)(d) of this Act or section 134AB(16)(b) of the Accident Compensation Act 1985;

(o)a question determined to be a medical question by a court hearing an application for leave under section 335(2)(d) of this Act or section 134AB(16)(b) of the Accident Compensation Act 1985;

medical service includes—

(a)attendance, examination or treatment of any kind by a medical practitioner, registered dentist, registered optometrist, registered physiotherapist, registered chiropractor, registered osteopath or registered podiatrist; and

(b)the provision and, as may be necessary from time to time (including at the time of the injury), the repair, adjustment or replacement of crutches, artificial members, orthoses, eyes, teeth or spectacle glasses; and

(c)the provision and, as may be necessary from time to time (including at the time of the injury), the repair, adjustment or replacement of hearing aids of a type approved by the Authority by a person or a class of persons approved by the Authority; and

(d)the provision by a registered pharmacist, on the request of a medical practitioner or registered dentist, of medicines or curative apparatus, appliances or materials; and

(e)the provision, on the request of a medical practitioner, by a person approved by the Authority of any health service approved by the Authority; and

(f)the provision by a medical practitioner, registered dentist, registered optometrist, registered physiotherapist, registered chiropractor, registered osteopath or registered podiatrist of—

(i)a certificate required by the worker, the worker's dependants, an employer, the Authority or a self-insurer; or

(ii)a report authorised by the Authority or a self-insurer—

for any purpose relating to this Act or the Accident Compensation Act 1985; and

(g)the provision, at the request of a medical practitioner, hospital or provider of a hospital service, of special food or a special food formula; and

(h)the provision, at the request of a medical practitioner, of room temperature control equipment for a person who is unable to adequately regulate his or her own body temperature; and

(i)the provision, at the request of a medical practitioner, of equipment intended to treat or stabilise any injury; and

Example

Examples of equipment referred to in paragraph (i) include life support equipment, ventilators and special lighting.

(j)the provision of anything needed to operate, run, maintain or repair any equipment referred to in paragraph (h) or (i);

Example

Examples of things referred to in paragraph (j) include electricity, water, lubricating oil and replacement filters and batteries.

member of a family has the meaning given in clause 26 of Schedule 1;

mental injury means an injury that—

(a)causes significant behavioural, cognitive or psychological dysfunction; and

(b)is diagnosed by a medical practitioner in accordance with the latest version of the Diagnostic and Statistical Manual of Mental Disorders;

midwife means a person registered—

(a)under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a midwife (other than as a student); and

(b)in the register of midwives kept for that profession;

motor vehicle means a motor vehicle within the meaning of section 3(1) of the Road Safety Act 1986;

no current work capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to work, either in the worker's pre‑injury employment or in suitable employment;

non-WorkCover employer has the meaning given by section 413;

notice of penalty means a notice in writing of a penalty payable by an employer under Part 10;

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

nursing service means—

(a)a nursing service rendered by a nurse; or

(b)a midwifery service rendered by a midwife—

otherwise than at a hospital or as a member of the nursing staff of a hospital;

occupational rehabilitation service means any of the following services provided by a person who is approved by the Authority as a provider of an occupational rehabilitation service—

(a)initial rehabilitation assessment;

(b)functional assessment;

(c)workplace assessment;

(d)job analysis;

(e)advice concerning job modification;

(f)occupational rehabilitation counselling;

(g)vocational assessment;

(h)advice or assistance concerning job‑seeking;

(i)vocational re-education;

(j)advice or assistance in arranging vocational re-education;

(k)advice or assistance in return to work planning;

(l)the provision of aids, appliances, apparatus or other material likely to facilitate the return to work of a worker after an injury;

(m)modification to a work station or equipment used by a worker that is likely to facilitate the return to work of the worker after an injury;

(n)any other service authorised by the Authority—

but does not include a hospital service;

partner means—

(a)in relation to a worker, the worker's spouse or domestic partner; or

(b)in relation to a worker who dies, the worker's spouse or domestic partner at the time of the worker's death;

person under a disability means a person who is incapable by reason of injury, disease, senility, illness, or physical or mental infirmity of managing his or her affairs in relation to a matter or proceeding under this Act or the Accident Compensation Act 1985;

personal and household service means the provision of any one or more of the following of a kind or type, and by a person, approved by the Authority—

(a)attendant care;

(b)household help;

(c)transportation costs;

(d)at the request of a medical practitioner, an aid, assistance, appliance, apparatus or service, other than a medical service, hospital service or nursing service;

police officer has the same meaning as in the Victoria Police Act 2013;

pre-injury average weekly earnings has the meaning given by Division 1 of Part 5;

premium period, in relation to a premiums order, means the period beginning on 1 July 2014 and ending on 30 June 2015 and each succeeding year beginning on 1 July;

premiums order means a premiums order in force under section 448;

professional service means—

(a)a hospital service, medical service, ambulance service, nursing service, accident rescue service, personal and household service or occupational rehabilitation service; or

(b)legal services provided by a legal practitioner; or

(c)a service, provision of goods or any other matter referred to in Division 7 of Part 5 of this Act or Division 2B of Part IV of the Accident Compensation Act 1985 in relation to the costs of which a liability arises, or may arise, under that Division;

rateable remuneration has the meaning given by clause 24 of Schedule 1;

registered chiropractor means a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student);

registered dentist means a person registered—

(a)under the Health Practitioner Regulation National Law to practise in the dental profession as a dentist (other than as a student); and

(b)in the dentists division of that profession;

registered employer means an employer who is registered with the Authority under Part 10;

registered optometrist means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student);

registered osteopath means a person registered under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student);

registered physiotherapist means a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student);

registered podiatrist means a person who is registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student);

registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

remuneration has the meaning given by Part 2 of Schedule 1;

retirement age, in relation to a worker, means the age at which the worker attains pension age within the meaning of the Social Security Act 1991 of the Commonwealth;

second entitlement period has the meaning given by section 152;

self-insurer means—

(a)a body corporate that—

(i)is approved as a self‑insurer under Division 3 of Part 8; or

(ii)immediately before 1 July 2014, was a self-insurer within the meaning of the Accident Compensation Act 1985;

(b)a body corporate that—

(i)has been a self-insurer within the meaning of paragraph (a) or a self‑insurer within the meaning of the Accident Compensation Act 1985 as in force immediately before 1 July 2014; and

(ii)has elected, or entered into an arrangement with the Authority, to retain liability for its tail claims; and

(iii)has not ceased to be liable for those tail claims;

*                *                *                *                *

serious lung injury means an injury that requires treatment with lung transplant surgery;

shift allowance means an allowance or loading paid or payable for shift work or working on public holidays, Saturdays or Sundays;

significant contributing factor has the meaning given by clause 25 of Schedule 1;

specified workplace means—

(a)a factory, mine, office, quarry, shop or warehouse; or

(b)a place at which 10 or more workers are engaged in work or from which the work of the workers is managed or controlled;

spouse of a person means a person to whom that person is married;

State average weekly earnings, in relation to compensation payable in a financial year, means the average weekly total earnings of all employees in Victoria in original terms published by the Australian Bureau of Statistics as at 15 June in the preceding financial year in respect of the most recent reference period ending on or before 31 December in that preceding financial year;

stroke injury means an injury to the brain, or any of the blood vessels supplying or associated with the brain, that consists of, is caused by, results in or is associated with any of the following—

(a)any stroke;

(b)any cerebral infarction;

(c)any cerebral ischaemia;

(d)any rupture of such a blood vessel, including any rupture of an aneurism of such a blood vessel;

(e)any subarachnoid haemorrhage;

(f)any haemorrhage from such a blood vessel;

(g)any harm or damage to such a blood vessel or to any associated plaque;

(h)any impairment, disturbance or alteration of blood, or blood circulation, within such a blood vessel;

(i)any occlusion of such a blood vessel, whether the occlusion is total or partial;

(j)any consequential physical harm or damage, including neurological harm or damage;

(k)any consequential mental harm or damage;

student worker means a worker within the meaning of clause 1(1)(a), (b), (c), (d) or (e) of Schedule 1;

suitable employment, in relation to a worker, means employment in work for which the worker is currently suited—

(a)having regard to the following—

(i)the nature of the worker's incapacity and the details provided in medical information including, but not limited to, the certificate of capacity supplied by the worker;

(ii)the nature of the worker's pre‑injury employment;

(iii)the worker's age, education, skills and work experience;

(iv)the worker's place of residence;

(v)any plan or document prepared as part of the return to work planning process;

(vi)any occupational rehabilitation services that are being, or have been, provided to or for the worker;

(b)regardless of whether—

(i)the work or the employment is available; or

(ii)the work or the employment is of a type or nature that is generally available in the employment market;

and, for the purposes of Part 4, includes—

(c)employment in respect of which the number of hours each day or week that the worker performs work, or the range of duties the worker performs, is suitably increased in stages in accordance with return to work planning or otherwise; and

(d)employment the worker is undertaking or that is offered to the worker, regardless of whether the work or the employment is of a type or nature that is generally available in the employment market; and

(e)suitable training or vocational

re-education provided by the employer, or under arrangements approved by the employer (whether or not the employer also provides employment involving the performance of work duties), but only if the employer pays an appropriate wage or salary to the worker in respect of the time the worker attends suitable training or vocational re-education;

superannuation benefit has the meaning given by clause 27 of Schedule 1;

transport accident means a transport accident within the meaning of section 3(1) of the Transport Accident Act 1986;

twice the State average weekly earnings has the meaning given by section 159(3);

weekly payment means compensation in the form of a weekly payment under Division 2 of Part 5;

WorkCover Authority Fund means the Fund continued in existence under section 513;

worker means an individual—

(a)who—

(i)performs work for an employer; or

(ii)agrees with an employer to perform work—

at the employer's direction, instruction or request, whether under a contract of employment (whether express, implied, oral or in writing) or otherwise; or

(b)who is deemed to be a worker under this Act;

workers compensation cover means insurance or registration required under a law of another State or of a Territory in respect of liability for statutory workers compensation under that law;

workplace particulars, in relation to a record of an injury to a worker entered in the register of injuries, means the following—

(a)the name of the worker;

(b)the worker's occupation or job title;

(c)the time and date of the injury;

(d)the worker's exact location at the time of the injury;

(e)the names of witnesses, if any, to the injury;

(f)the date on which the entry in the register of injuries is made;

(g)the name of the person making the entry.

4Interpretation provisions

(1)For the purposes of the definition of injury, the employment of a worker is taken to include any travelling or other circumstances referred to in section 46 of this Act, other than subsection (1)(a), or in section 83 of the Accident Compensation Act 1985, other than subsection (1)(a).

(2)A reference in this Act to a determination or decision includes a reference to—

(a)making, suspending, varying, revoking or refusing or failing to make an order, award, decision or determination; and

(b)giving, suspending, varying, revoking or refusing or failing to give a certificate, direction, approval, consent or permission; and

(c)issuing, suspending, varying, revoking or refusing or failing to issue a licence, authority or other instrument.

(3)Part 1 of Schedule 1 provides that, for the purposes of this Act, certain persons are deemed to be workers or employers.

(4)Part 2 of Schedule 1 contains provisions relating to the meaning of remuneration for the purposes of this Act.

(5)Part 3 of Schedule 1 contains certain other interpretation provisions for the purposes of this Act.

5Application of this Act to injuries

(1)Except as otherwise expressly provided in this Act, this Act applies to the entitlement of a worker to compensation under this Act in respect of—

(a)an injury to the worker arising out of, or in the course of, or due to the nature of, employment on or after 1 July 2014; and

(b)an injury arising—

(i)out of, or in the course of, or due to the nature of, employment; and

(ii)by way of gradual process over a period beginning before, and continuing on or after 1 July 2014—

but does not apply to or in relation to an injury arising out of, or in the course of, or due to the nature of, employment solely before 1 July 2014.

(2)If a worker suffers an injury that—

(a)arises out of, or in the course of, or due to the nature of, employment; and

(b)occurs by way of gradual process over a period beginning on or after 20 October 1999 and continuing on or after 1 July 2014—

the worker may rely on any part of the injury that occurred before 1 July 2014 for the purposes of establishing that the injury constitutes a serious injury for the purposes of Division 2 of Part 7.

(3)Subsection (2) does not apply to any part of the injury that was the subject of an application made under section 134AB(4) of the Accident Compensation Act 1985.

(4)Division 5 of Part 7 applies in relation to an injury, disease or industrial deafness caused to or suffered by a worker before, on or after 1 July 2014 that has arisen out of, or in the course of, or due to the nature of, any employment in which the worker was employed at any time.

6Claims for compensation

(1)On and after 1 July 2014, a claim for compensation under this Act or under the Accident Compensation Act 1985 (other than a claim for compensation for maims or pain and suffering under section 98 or 98A of that Act) is to be given, served or lodged in accordance with Divisions 1 and 2 of Part 2 of this Act, unless specific provision to the contrary is made in this Act or the Accident Compensation Act 1985.

(2)If the Authority receives a claim from a person for compensation under the Workers Compensation Act 1958 in respect of an injury occurring before 4 p.m. on 31 August 1985, the Authority may, in its discretion, provide guidance to the person as to how to make such a claim.

(3)Proceedings may not be brought against the Authority in respect of guidance given, or not given, or anything done, or omitted to be done, in relation to the receipt of a claim referred to in subsection (2).

(4)If a claim for compensation is made under the Accident Compensation Act 1985 or the Workers Compensation Act 1958 by a dependant of a worker in respect of the death of the worker, a claim for compensation under this Act must not be made unless the first mentioned claim is withdrawn or rejected.

(5)Compensation for the death of a worker is not payable under this Act if compensation for the death of the worker has been paid under the Accident Compensation Act 1985 or the Workers Compensation Act 1958.

(6)Part 6 applies to, and in respect of, any dispute—

SCHEDULE 7—APPLICATION FEE FOR APPROVAL AS SELF‑INSURER

Section 376

1Application fee

For the purposes of section 376(4) and subject to section 378, the fee that must accompany an application for approval as a self-insurer is the lesser of—

(a)an amount equal to 0×033 per cent of the assessment remuneration of the applicant determined under clause 2;

(b)the fee limit determined under clause 3.

2Assessment remuneration

(1)For the purposes of clause 1(a) and subject to subclause (2), assessment remuneration of an employer means the sum of—

where—

Ais the total relevant remuneration which was paid or payable during the preceding year to workers employed by the employer and its eligible subsidiaries;

Bis the number of months in the preceding year during which the remuneration referred to in the definition of A was paid or payable by the employer.

(2)If the employer and its eligible subsidiaries have paid no remuneration during the preceding year, the assessment remuneration means the relevant remuneration estimated by the Authority under section 377 as payable by the employer and its eligible subsidiaries during the forthcoming year.

(3)In this clause—

forthcoming year means the next financial year following the date on which the application is made;

preceding year means the most recent financial year preceding the date on which the application is made;

relevant remuneration has the same meaning it has in section 372.

3Fee limit

(1)For the purposes of clause 1(b), the fee limit for an application for approval as a self-insurer is $55 330 or that amount as varied in accordance with subclauses (2), (3) and (4) as at the date on which the application is made.

(2)The fee limit must be varied, in respect of the financial year beginning on 1 July 2014 and each subsequent financial year, in accordance with the formula—

where—

Ais the amount specified in subclause (1) or, if that amount has been varied in accordance with this clause, that amount as last so varied;

Bis the average weekly total earnings of all employees in Victoria in original terms for the most recent reference period in the preceding financial year published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made;

Cis the average weekly total earnings of all employees in Victoria in original terms for the corresponding reference period in the financial year preceding the financial year referred to in B published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made.

(3)If the variation of the fee limit by operation of subclause (2) has the effect of reducing the amount of the fee limit—

(a)the variation is deemed not to have taken effect, except for the purposes of the application of this subclause; and

(b)when the fee limit is varied and increased by operation of subclause (2) in respect of the next or a subsequent financial year, that variation has effect as an increase only to the extent (if any) to which the amount of the increase exceeds the amount of the reduction in respect of a preceding financial year, or that part of such a reduction that has not been set off against a previous increase.

(4)The amount produced by a variation of the fee limit must be calculated to the nearest whole $10.

SCHEDULE 8—PERSONS TO WHOM DOCUMENT MAY BE PRODUCED OR INFORMATION COMMUNICATED OR DIVULGED

Section 595

1The Secretary to the Department of State Development, Business and Innovation.

2The Secretary to the Department of Environment and Primary Industries.

3The Secretary to the Department of Transport and Planning.

4The Secretary to the Department of Treasury and Finance.

5The Coroners Court.

6The Public Advocate.

7The Commissioner of State Revenue.

8The Transport Accident Commission.

9A person who has responsibility for the administration of a welfare, benefit or compensation scheme of a State or Territory or the Commonwealth.

10A corresponding authority.

11A Department or public entity within the meaning of the Public Administration Act 2004.

12The National Occupational Health and Safety Commission.

13The Australian Bureau of Statistics.

14The Board or committee of management (by whatever name called) of a statutory superannuation scheme within the meaning of the Superannuation (Portability) Act 1989.

15Any special commission (within the meaning of the Evidence (Commissions) Act 1982) where—

(a)the Authority has received a request in writing for information from the special commission; and

(b)the Minister has given written approval to the Authority of the communication of that information; and

(c)the Authority has given to that person written approval of the communication of that information.

16A person, committee or body approved by the Governor in Council.

17A committee of the Parliament.

18CPA Australia.

19A National Board within the meaning of the Health Practitioner Regulation National Law.

20The Victorian Legal Services Board.

21The Victorian Legal Services Commissioner.

22The Victorian Bar within the meaning of the Legal Profession Uniform Law Application Act 2014.

23CoINVEST Limited A.C.N. 078 0040985 or its successors.

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 19 September 2013

Legislative Council: 17 October 2013

The long title for the Bill for this Act was "A Bill for an Act to re-enact with amendments certain provisions of the Accident Compensation Act 1985 and the Accident Compensation (WorkCover Insurance) Act 1993, to provide for the registration of employers and the payment of WorkCover premiums, to amend the Accident Compensation Act 1985, to repeal the Accident Compensation (WorkCover Insurance) Act 1993, to make consequential amendments to certain other Acts and for other purposes."

The Workplace Injury Rehabilitation and Compensation Act 2013 was assented to on 12 November 2013 and came into operation as follows:

Sections 630(3) and 641 on 5 April 2010: section 2(3); section 647 on 1 July 2010: section 2(4); sections 628(1) and 643 on 20 October 2010: section 2(5); section 626(7) on 1 July 2011: section 2(5A); section 630(6) on 1 July 2012: section 2(6); sections 626(1)–(6), 628(2)–(4), 629, 630(1)(2)(4)(5)(10)(11), 631–633, 637(4), 642 on 13 November 2013: section 2(2); sections 1–479, 482–625, 627, 630(7)–(9), 634–636, 637(1)–(3), 638–640, 644–646, 648–650 on 1 July 2014: section 2(1); sections 480 and 481 repealed on 1 July 2014 by No. 44/2014 section 18.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Workplace Injury Rehabilitation and Compensation Act 2013 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––Workplace Injury Rehabilitation and Compensation Act 2013 No. 67/2013

Assent Date:	12.11.13
Commencement Date:	Ss 621, 650 on 1.7.14: s. 2(1); s. 623O inserted on 25.4.20 by No. 11/2020 s. 60: s. 2 (as amended by No. 27/2020 s. 45)
Note:	S. 650 repealed Pt 14 (ss 624–650), Sch. 9 on 1.7.15; s. 621(6) provided that s. 621 expired on 1.7.16; s. 623O repealed Pt 14 (ss 623N, 623O) on 26.4.21
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 113) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Mental Health Act 2014 No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 34) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 188) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Assent Date:	27.6.14
Commencement Date:	Ss 6–16, 20–24 on 12.11.13: s. 2(2); ss 17–19, 25 on 1.7.14: s. 2(6)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Road Safety Amendment Act 2014, No. 49/2014

Assent Date:	1.7.14
Commencement Date:	Ss 55–59 on 1.8.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 53) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014

Assent Date:	9.9.14
Commencement Date:	S. 24 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 46) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Education and Training Reform Amendment (Child Safe Schools) Act 2015, No. 7/2015

Assent Date:	21.4.15
Commencement Date:	S. 15 on 22.4.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 68) on 1.8.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016

Assent Date:	31.5.16
Commencement Date:	S. 89(2) on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1; s. 89(1) on 1.12.16: Special Gazette (No. 194) 21.6.16 p. 1
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Treasury and Finance Legislation Amendment Act 2016, No. 41/2016

Assent Date:	28.6.16
Commencement Date:	S. 3 on 1.7.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Compensation Legislation Amendment Act 2016, No. 73/2016

Assent Date:	13.12.16
Commencement Date:	S. 22 on 1.7.14: s. 2(2); ss 12, 16–18 on 14.12.16: s. 2(1); ss 11(2), 13, 14, 20 on 1.7.17: s. 2(3); ss 11(1), 15, 19, 21 on 11.10.17: s. 2(5)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

WorkSafe Legislation Amendment Act 2017, No. 48/2017

Assent Date:	26.9.17
Commencement Date:	S. 27 on 1.7.14: s. 2(2); ss 28–40 on 27.9.17: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017, No. 63/2017

Assent Date:	19.12.17
Commencement Date:	S. 21(Sch. 1 item 12) on 2.7.18: Special Gazette (No. 248) 29.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Compensation Legislation Amendment Act 2018, No. 1/2018

Assent Date:	13.2.18
Commencement Date:	Ss 7, 8 on 1.7.18: s. 2(2)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 140) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Treasury and Finance Legislation Amendment Act 2018, No. 49/2018

Assent Date:	25.9.18
Commencement Date:	Ss 31–38 on 26.9.18: s. 2
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 62) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 46) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019, No. 50/2019

Assent Date:	3.12.19
Commencement Date:	Ss 11–14 on 1.1.20: Special Gazette (No. 537) 17.12.19 p. 3
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 items 113.2–113.5) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 113.1) on 24.10.20: s. 2(3)(f)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020

Assent Date:	24.4.20
Commencement Date:	S. 60 on 25.4.20: s. 2
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020

Assent Date:	20.10.20
Commencement Date:	Ss 44, 45 on 21.10.20: s. 2
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, No. 35/2020

Assent Date:	17.11.20
Commencement Date:	S. 53 on 18.11.20: s. 2(1)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021, No. 5/2021

Assent Date:	23.2.21
Commencement Date:	Ss 4–7(1), 8–31 on 1.7.21: Special Gazette (No. 293) 16.6.21 p. 1; s. 7(2) on 1.1.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Workplace Injury Rehabilitation and Compensation Amendment (Arbitration) Act 2021, No. 15/2021

Assent Date:	11.5.21
Commencement Date:	Ss 4–46 on 1.9.22: Special Gazette (No. 422) 23.8.22 p. 1
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Occupational Health and Safety and Other Legislation Amendment Act 2021, No. 36/2021

Assent Date:	21.9.21
Commencement Date:	Ss 27, 28, 35 on 22.9.21: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Social Services Regulation Act 2021, No. 37/2021 (as amended by No. 40/2022)

Assent Date:	21.9.21
Commencement Date:	S. 401 on 1.7.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Workplace Safety Legislation and Other Matters Amendment Act 2022, No. 10/2022

Assent Date:	16.3.22
Commencement Date:	Ss 79–86 on 17.3.22: s. 2(2); ss 56–78 on 1.7.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Local Government Legislation Amendment (Rating and Other Matters) Act 2022, No. 30/2022

Assent Date:	9.8.22
Commencement Date:	Ss 44, 45 on 10.8.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	S. 884 on 1.9.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Disability and Social Services Regulation Amendment Act 2023, No. 9/2023

Assent Date:	23.5.23
Commencement Date:	S. 264 on 1.7.24: s. 2(3)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Act 2024, No. 8/2024

Assent Date:	13.3.24
Commencement Date:	Ss 4−26 on 31.3.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 44) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	S. 106(Sch.1 item 52) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

Workplace Injury Rehabilitation and Compensation Amendment Act 2025, No. 27/2025

Assent Date:	5.8.25
Commencement Date:	Ss 4–34 on 6.8.25: s. 2(1); ss 35, 36 on 1.11.25: Special Gazette (No. 588) 28.10.25 p. 1
Current State:	This information relates only to the provision/s amending the Workplace Injury Rehabilitation and Compensation Act 2013

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 291(2): The amendment proposed by section 26 of the Workplace Injury Rehabilitation and Compensation Amendment (Arbitration) Act 2021, No. 15/2021 is not included in this publication as the words "ACCS may, at his or her discretion," do not appear in section 291(2) due to the earlier amendment by the Workplace Safety Legislation and Other Matters Amendment Act 2022, No. 10/2022 s. 81.

Section 26 reads as follows:

26Power to request or release documents etc.

In section 291(2) of the Principal Act, for "ACCS may, at his or her discretion," substitute "ACCS has the discretion to".

[2] Pt 13 Div. 1: See Government Gazette of 26 June 2025 pages 1353–1360 for Notice of Indexed Benefit Levels and Other Amounts.