Workplace Injury Rehabilitation and Compensation Amendment Act 2025 (Vic)
Workplace Injury Rehabilitation and Compensation Amendment Act 2025
No. 27 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Amendment of Workplace Injury Rehabilitation and Compensation Act 2013
Division 1—Matters relating to benefits and compensation
4Objectives of Act
5Statement of rights and obligations of workers
6New sections 12A to 12D inserted
7Claim for compensation
8Assessing degree of impairment of whole person
9Responsibilities of employer
10Provisions relating to payment of compensation
11Compensation for non-economic loss—further impairment
12No Disadvantage—Compensation Table
13Liability of Authority and self-insurer
13AHow compensation for death of worker determined
15New sections 237AA and 237A inserted
16Certain compensation payable to trustee
17Weekly pensions for dependants of worker who dies
18Provisional payments
19Definitions
20Power to request or release documents etc.
21Power to request documents or information
22Powers of ACCS
23Section 301L amended
24New section 301WA inserted
25New Subdivision 5 of Division 2 of Part 6 inserted
26Damages under Part III of the Wrongs Act 1958
27Objectives of the Authority
28Chief Executive Officer
29Directors generally
30Vacancy, resignation and termination
31WorkCover Advisory Committee
32Indexation of certain amounts—consumer price index
33New section 605A inserted
34New sections 626, 627 and 628 inserted
Division 2—Weekly pensions
35Weekly pensions for dependants of worker who dies
36New section 629 inserted
Division 3—Return to work co-ordinators
37New sections 106A to 106E inserted
38Issue of Return to Work improvement notice
39Criminal liability of officers of bodies corporate—failure to exercise due diligence
Part 3—Amendment of Accident Compensation Act 1985
Division 1—Matters relating to benefits and compensation
40Objects of Act
41Assessment of impairment
43Revised compensation for death of worker
44Provisional payment
45Weekly payments after the second entitlement period
46Continuation of weekly payments after second entitlement period
47Provisions relating to the payment of compensation
48Compensation for maims
49Compensation for non-economic loss
50No Disadvantage—Compensation Table
51Liability of Authority and self-insurer
52Indexation of certain amounts—consumer price index
53New Division 19 of Part IX inserted
Division 2—Pensions
54Weekly pensions for dependants of worker who dies
55New section 400 inserted
Part 4—Amendment of Occupational Health and Safety Act 2004
56Occupational Health and Safety Advisory Committee
Part 5—Repeal of this Act
57Repeal of this Act
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Endnotes
1 General information
Workplace Injury Rehabilitation and Compensation Amendment Act 2025
No. 27 of 2025
[Assented to 5 August 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to amend the Workplace Injury Rehabilitation and Compensation Act 2013—
(i)to provide for a code of rights for claimants under that Act; and
(ii)to impose obligations on employers in relation to training persons appointed as return to work co-ordinators; and
(iii)to make further provision for support and compensation for family members of workers who suffer a workplace injury or death; and
(iv)to make further provision for impairment benefits for injured workers; and
(v)to make further provision for the objectives of the Authority; and
(vi)to provide for the appointment of persons with lived experience on the WorkCover Advisory Committee; and
(vii)to make miscellaneous amendments to matters relating to the administration of the Authority; and
(viii)to make further provision for the powers of the Accident Compensation Conciliation Service; and
(ix)to provide for the review of the workers compensation scheme; and
(x)to make other miscellaneous and technical amendments to that Act; and
(b)to amend the Accident Compensation Act 1985—
(i)to make further provision for support and compensation for family members of workers who suffer a workplace injury or death; and
(ii)to make further provision for impairment benefits for injured workers; and
(iii)to make other miscellaneous and technical amendments to that Act; and
(c)to amend the Occupational Health and Safety Act 2004 to provide for the appointment of persons with lived experience to the Occupational Health and Safety Advisory Committee.
2Commencement
(1)This Act (other than Divisions 2 and 3 of Part 2 and Division 2 of Part 3) comes into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 1 July 2027, it comes into operation on that day.
3Principal Act
In this Act, the Workplace Injury Rehabilitation and Compensation Act 2013 is called the Principal Act.
PART 2—AMENDMENT OF WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013
Division 1—Matters relating to benefits and compensation
4Objectives of Act
After section 10(c) of the Principal Act insert—
"(ca)ensure the accident compensation scheme operates so that all claimants and users of the scheme are treated fairly, respectfully and with dignity; and
(cb)ensure the accident compensation scheme provides a high-quality service to all claimants and users of the scheme; and".
5Statement of rights and obligations of workers
In section 11 of the Principal Act—
(a)in paragraph (e), for "Part 4." substitute "Part 4; and";
(b)after paragraph (e) insert—
"(f)is entitled to be treated fairly, respectfully and with dignity when pursuing their entitlement to compensation under this Act.".
6New sections 12A to 12D inserted
After section 12 of the Principal Act insert—
"12A Code of Claimants' Rights
(1)The Minister may approve, by Order published in the Government Gazette, a Code of Claimants' Rights developed in accordance with this section and section 12B for the purposes of ensuring—
(a)claimants are treated with dignity and respect by the Authority, its agents and self-insurers; and
(b)service standards are set for the Authority, its agents and self-insurers in operating the accident compensation scheme.
(2)The Minister may approve, by Order published in the Government Gazette, the variation or revocation of the Code of Claimants' Rights approved under subsection (1).
(3)An Order under subsection (1) or (2) takes effect on publication of the Order in the Government Gazette or on such later date specified in the Order.
(4)The Code of Claimants' Rights is a legislative instrument for the purposes of the Subordinate Legislation Act 1994.
12BP reparation and release of draft Code of Claimants' Rights for public comment
(1)For the purposes of section 12A, the Authority may recommend to the Minister that the Minister approve a Code of Claimants' Rights.
(2)Before the Authority makes a recommendation to the Minister under subsection (1), the Authority must issue the proposed Code of Claimants' Rights for public review and comment.
12CMatters to be included in the Code of Claimants' Rights
The Code of Claimants' Rights must provide for the following matters—
(a)the rights of claimants under the Code;
(b)the obligations of the Authority, its agents and self-insurers in providing services to claimants so as to ensure the rights of claimants are promoted and upheld;
(c)who has obligations under the Code;
(d)a procedure for lodging and dealing with complaints in relation to non‑compliance with the Code by the Authority, its agents or self-insurers;
(e)remedies that apply if any complaints are substantiated.
12DRights and obligations in the Code of Claimants' Rights
(1)Any rights and obligations specified in the Code of Claimants' Rights do not affect the entitlements and responsibilities of claimants under this Act, or any other Act, or at common law.
(2)Any right or obligation specified in the Code of Claimants' Rights does not create a legal right in any person.
(3)Contravention of a right or obligation specified in the Code of Claimants' Rights does not give rise to any civil cause of action merely because of contravention of the right or obligation and no damages may be awarded in respect of any such contravention.".
7Claim for compensation
In section 20(8)(b) of the Principal Act, for "237" substitute "237, 237AA, 237A".
8Assessing degree of impairment of whole person
(1)For section 63(4)(a) of the Principal Act substitute—
"(a)must be assessed as a binaural loss of hearing and determined by a medical practitioner in the manner approved by the Minister; and".
(2)Section 63(5) of the Principal Act is repealed.
9Responsibilities of employer
In section 73(1)(f) of the Principal Act, for "237" substitute "237, 237AA, 237A".
10Provisions relating to payment of compensation
In section 94(3)(c) of the Principal Act, for "236 or 237" substitute "236, 237, 237AA or 237A".
11Compensation for non-economic loss—further impairment
(1)In section 214A of the Principal Act—
(a)in paragraph (a)—
(i)for "$2830" substitute "$3360";
(ii)for "$1860" substitute "$2210";
(b)in paragraph (b), for "$2830" substitute "$3360";
(c)in paragraph (c)—
(i)for "$4700" substitute "$5600";
(ii)for "$2830" substitute "$3360";
(iii)for "$1860" substitute "$2210";
(d)in paragraph (d)—
(i)for "$4700" substitute "$5600";
(ii)for "$2830" substitute "$3360";
(e)in paragraph (e), for "$4700" substitute "$5600".
(2)At the foot of section 214A of the Principal Act insert the following note—
"Note
The figures in this section correspond to the figures in section 213, as indexed on 1 July 2022.".
12No Disadvantage—Compensation Table
(1)For section 221(2)(a) of the Principal Act substitute—
"(a)must be determined by a medical practitioner in the manner approved by the Minister; and".
(2)Section 221(3) of the Principal Act is repealed.
13Liability of Authority and self-insurer
(1)For section 224(1)(b) of the Principal Act substitute—
"(b)if the injury is a severe injury for which immediate inpatient treatment in a hospital is received or an eligible progressive disease, or where death results from the injury, the reasonable costs incurred in Australia of the following services provided to family members of the worker—
(i)family counselling provided by a medical practitioner or registered psychologist or by a social worker approved by the Authority to provide counselling services for the purposes of this section;
(ii)therapy and other support services provided by any person or class of person approved by the Authority to provide therapy and other support services for the purposes of this section—
not exceeding $10 000 in respect of that severe injury or eligible progressive disease or death; and".
(2)In section 224(1)(e)(iii) of the Principal Act, for "members." substitute "members; and".
(3)After section 224(1)(e) of the Principal Act insert—
"(f)if death results from the injury, the reasonable costs of forensic cleaning services incurred by family members of the worker in circumstances where the death occurred at the home of the worker or a family member of the worker.".
(4)In section 224(2) of the Principal Act, for "subsection (1)(a) or (b)" substitute "subsection (1)(a), (b) or (f)".
(5)After section 224(4) of the Principal Act insert—
"(5)The Minister may give directions in accordance with section 609 specifying therapy and other support services, or a class of therapy and other support services, for which an amount may be paid under subsection (1)(b)(ii).".
13AHow compensation for death of worker determined
In section 235 of the Principal Act, for "237" substitute "237, 237AA".
15New sections 237AA and 237A inserted
After section 237 of the Principal Act insert—
"237AA Other dependants
(1)If a worker leaves—
(a)one or more dependants, whether dependent partners or dependent children or partially dependent partners; and
(b)any other person who is to any extent dependent on the worker's earnings—
each person referred to in paragraph (b) is entitled to an amount of compensation, being a sum not exceeding $20 000, which the court, Authority or self-insurer considers is reasonable and appropriate to the injury to that person.
(2)To avoid doubt, a determination of the amount of compensation to which a dependant is entitled under section 236 or 237 is not affected by, and does not affect, a determination of the amount of compensation to which a dependant is entitled under subsection (1).
237ACompensation of close family members for grief and loss
(1)In addition to any other compensation paid under this Division, the amount of compensation payable on the death of the worker to each close family member of the worker is $10 000.
(2)In this section—
close family member of a worker means a person who, at the time of the worker's death—
(a)was a partner, parent, guardian, step-parent, grandparent, sibling or step-sibling of the worker or a person to whom the worker was a parent, step-parent or guardian; and
(b)had a genuine personal relationship with the worker.".
16Certain compensation payable to trustee
In section 238 of the Principal Act, for "237" substitute "237, 237AA, 237A".
17Weekly pensions for dependants of worker who dies
In section 241(1) of the Principal Act, for "236 or 237" substitute "236, 237, 237AA or 237A".
18Provisional payments
(1)In section 243(1)(a) of the Principal Act, for "12 weeks" substitute "13 weeks".
(2)After section 243(1)(a) of the Principal Act insert—
"(ab)weekly pension that may be payable under section 241(2)(b) for a period from the end of the first 13 weeks after the death of the worker until the end of 26 weeks after the death of the worker;".
(3)In section 243(1)(c) of the Principal Act, for "counselling" substitute "counselling, therapy and other support".
(4)In section 243(1)(e) of the Principal Act, for "section." substitute "section;".
(5)After section 243(1)(e) of the Principal Act insert—
"(f)the costs of forensic cleaning services that may be payable under section 224(1)(f) up to the maximum amount determined as reasonable costs by the Authority under section 223(2).".
(6)In section 243(3) of the Principal Act, after "subsection (1)(a)" insert "or (ab)".
(7)In section 243(6) of the Principal Act—
(a)after paragraph (a) insert—
"(ab)under subsection (1)(ab), any liability the Authority or self-insurer has to the person to whom the payment was made under section 241(2)(b) is discharged to the extent of that payment; or";
(b)in paragraph (d), for "payment." substitute "payment; or";
(c)after paragraph (d) insert—
"(e)under subsection (1)(e), any liability the Authority or self-insurer has to the person to whom the payment was made under section 224(1)(e) is discharged to the extent of that payment; or
(f)under subsection (1)(f), any liability the Authority or self-insurer has to the person to whom the payment was made under section 224(1)(f) is discharged to the extent of that payment.".
(8)For section 243(7) of the Principal Act substitute—
"(7)The Authority or self-insurer must not make provisional payments to a person under this section in respect of the death of the worker if it appears to the Authority or self-insurer that the worker's death resulted from or was materially contributed to by a heart attack injury, disease or stroke injury unless at the time of the worker's death—
(a)the Authority or the self-insurer had already accepted a claim for compensation made by the worker in respect of that injury or disease; and
(b)the worker was receiving compensation payments in respect of that injury or disease.".
19Definitions
In section 281 of the Principal Act—
(a)in the definition of dispute, for "applies." substitute "applies;";
(b)insert the following definition—
"resolution certificate means a certificate issued under section 301ZC(2).".
20Power to request or release documents etc.
For section 291(2) of the Principal Act substitute—
"(2)ACCS may make any document produced or information provided under subsection (1) available to any other party to the dispute.
(3)On the request of a worker who was a party to a conciliation for which an outcome certificate has been issued, or that has been dismissed, ACCS may make the following available to the worker—
(a)any document produced or information disclosed by or on behalf of the worker under section 290B;
(b)any document produced or information provided by the worker under subsection (1);
(c)any document or information made available to the worker under subsection (2).".
21Power to request documents or information
After section 301I(4) of the Principal Act insert—
"(5)On the request of a worker who was a party to an arbitration that has been determined, dismissed or referred for further conciliation, ACCS may make the following available to the worker—
(a)any document produced or information disclosed by or on behalf of the worker under section 301H(1);
(b)any document produced or information provided by the worker under subsection (1);
(c)any document or information made available to the worker under section 301H(4) or subsection (4).".
22Powers of ACCS
After section 301K(1)(a) of the Principal Act insert—
"(ab)with the consent of the parties to the dispute, certify that the parties agree to resolve the dispute;".
23Section 301L amended
(1)In the heading to section 301L of the Principal Act, after "Dispute" insert "resolved by parties or".
(2)After section 301L(1) of the Principal Act insert—
"(1A)If the parties to a dispute resolve the dispute by agreement, ACCS may certify the agreement in accordance with Subdivision 5.".
24New section 301WA inserted
After section 301W of the Principal Act insert—
"301WA Costs for arbitration of dispute that is resolved at further conciliation
(1)ACCS may award a claimant in a dispute costs in accordance with the amounts fixed by the Minister under section 301W(4) if—
(a)at any time before determining the dispute, ACCS refers the dispute or any part of the dispute for further conciliation; and
(b)an outcome certificate is issued in respect of the dispute or part of the dispute and the resolution is in favour of the claimant.
(2)An amount awarded by ACCS to a claimant under subsection (1) must only relate to the costs of the claimant that were incurred during the arbitration of the dispute.
(3)An amount awarded to a claimant under this section must be paid—
(a)if the other party to the dispute is the Authority or an employer—out of the WorkCover Authority Fund; or
(b)if the other party to the dispute is a self‑insurer—by the self-insurer.".
25New Subdivision 5 of Division 2 of Part 6 inserted
After Subdivision 4 of Division 2 of Part 6 of the Principal Act insert—
"Subdivision 5—Resolution by agreement of parties to dispute
301ZCCertification of agreement for resolution of dispute
(1)At any time before a dispute that has been referred to arbitration has been determined under Subdivision 4 or referred for further conciliation, the parties to the dispute may request ACCS to certify an agreement reached between the parties as to the resolution of the dispute.
(2)Within 7 days of receiving a request under subsection (1), ACCS must issue a certificate to certify that the parties to the agreement have resolved the dispute by consent.
(3)A resolution certificate must—
(a)be in a form approved by ACCS; and
(b)be provided to the claimant and the employer and the Authority or self‑insurer; and
(c)certify that each party to the dispute is bound by the agreement; and
(d)state that the resolution certificate is evidence of the resolution of the dispute between the parties.
(4)The resolution certificate is admissible in any court proceeding as evidence of the resolution of the dispute between the parties.
301ZDCosts
(1)If an agreement certified by ACCS under this Subdivision does not include an agreement as to liability for the costs of the parties to the dispute, ACCS may award the claimant in the dispute costs in accordance with the amounts fixed by the Minister under section 301W(4).
(2)If an agreement certified by ACCS under this Subdivision includes an agreement as to liability for the costs of the parties to the dispute calculated in accordance with the amounts fixed by the Minister under section 301W(4), ACCS may award the claimant in the dispute the amount specified in the agreement.
(3)An amount awarded to a claimant under this section must be paid—
(a)if the other party to the dispute is the Authority or an employer—out of the WorkCover Authority Fund; or
(b)if the other party to the dispute is a self‑insurer—by the self-insurer.".
26Damages under Part III of the Wrongs Act 1958
In section 366(7) of the Principal Act, for "237," substitute "237, 237AA, 237A,".
27Objectives of the Authority
After section 492(b) of the Principal Act insert—
"(ba)manage the accident compensation scheme—
(i)in a manner that ensures a high-quality service is provided to all claimants and users of the scheme; and
(ii)in a way that ensures all claimants and users of the scheme are treated fairly, respectfully and with dignity; and".
28Chief Executive Officer
(1)In section 498(1) of the Principal Act, for "by the Governor in Council" substitute "by the Board with the approval of the Minister".
(2)After section 498(4) of the Principal Act insert—
"(4A)The Chief Executive Officer may resign from office by delivering a signed letter of resignation to the Chairperson of the Board.".
(3)After section 498(7) of the Principal Act insert—
"(8)The Board may appoint a person to act in the office of the Chief Executive Officer for a period not exceeding 12 months—
(a)during a vacancy in the office of the Chief Executive Officer; or
(b)during any period when the Chief Executive Officer is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of the office of Chief Executive Officer.
(9)A person appointed under subsection (8)—
(a)has all the rights and powers, and must perform all the duties, of the Chief Executive Officer; and
(b)is entitled to be paid any remuneration and travelling or other allowances fixed by the Board from time to time, having regard to the rate of remuneration and allowances for the time being payable to the Chief Executive Officer.
(10)The Board may at any time terminate an appointment under subsection (8).".
29Directors generally
(1)For section 506(1) of the Principal Act substitute—
"(1)Subject to this Part, a Director holds office—
(a)for a term not exceeding 5 years, as specified in the instrument of appointment; and
(b)subject to the terms and conditions determined by the Minister.".
(2)In section 506(3)(a) and (b) of the Principal Act, for "by the Governor in Council" substitute "by the Minister".
30Vacancy, resignation and termination
In section 508(2) of the Principal Act, for "Governor in Council" substitute "Minister".
31WorkCover Advisory Committee
In section 512(4) of the Principal Act—
(a)in paragraph (d), for "rehabilitation." substitute "rehabilitation; and";
(b)after paragraph (d) insert—
"(e)persons who have been affected, directly or indirectly, by a workplace incident that involves death or a serious injury or illness.".
32Indexation of certain amounts—consumer price index
(1)After item 22 in the Table to section 545 of the Principal Act insert—
"22A Section 214A(a)—$3360 and $2210 22B Section 214A(b)—$3360 22C Section 214A(c)—$5600, $3360 and $2210 22D Section 214A(d)—$5600 and $3360 22E Section 214A(e)—$5600". (2)In item 25 in the Table to section 545 of the Principal Act, for "$5870" substitute "$10 000".
(3)After item 38 in the Table to section 545 of the Principal Act insert—
"38A Section 237AA(1)—$20 000 38B Section 237A(1)—$10 000
33New section 605A inserted
After section 605 of the Principal Act insert—
"605A Review of the compensation scheme under this Act
(1)The Minister must cause an independent review of the compensation scheme under this Act to be undertaken—
(a)for the purposes of the first review under this section, on or by 31 December 2030; and
(b)at least once in each period of 5 years after 31 December 2030.
(2)For the purposes of subsection (1), the Minister may—
(a)select a person to conduct the review; and
(b)determine the terms of reference for the review.
(3)A written report on any review conducted under this section must be given to the Minister.
(4)The final report on any review conducted under this section must be laid before each House of the Parliament within 6 months after that report is given to the Minister under subsection (3).".
34New sections 626, 627 and 628 inserted
Before the Schedules to the Principal Act insert—
"626 Transitional provisions—Workplace Injury Rehabilitation and Compensation Amendment Act 2025—administration of Authority
(1)The person appointed as the Chief Executive Officer under section 498(1) as in force immediately before the commencement of section 28 of the amending Act is, on and from that commencement, taken to be appointed by the Board with the approval of the Minister.
(2)Section 506(3) as in force immediately before the commencement of section 29 of the amending Act, continues to apply to a Director until the Minister fixes the remuneration, travelling and other allowance under section 506(3) as amended by section 29 of the amending Act by writing to the Chairperson of the Board to advise the Board of the changes.
(3)In this section—
amending Act means the Workplace Injury Rehabilitation and Compensation Amendment Act 2025.
627Transitional provisions—Workplace Injury Rehabilitation and Compensation Amendment Act 2025—sections 214A and 545
(1)Section 214A, as amended by section 11 of the amending Act, applies, and is taken always to have applied, in respect of the calculation of an amount of non-economic loss under section 214A that is made on or after 1 July 2022.
(2)Section 545, as amended by section 32 of the amending Act, applies, and is taken always to have applied, as if items 22A, 22B, 22C, 22D and 22E were specified in the Table to that section from 1 July 2022.
(3)However, section 545 does not apply to vary an amount specified in item 22A, 22B, 22C, 22D or 22E of the Table to that section for the financial year commencing on 1 July 2022.
(4)In this section—
amending Act means the Workplace Injury Rehabilitation and Compensation Amendment Act 2025.
628Transitional provision—Workplace Injury Rehabilitation and Compensation Amendment Act 2025—section 224
(1)This section applies to a family member of a worker who, immediately before the commencement day, was receiving or became entitled to receive compensation under section 224(1)(b) in respect of an injury to the worker, including an eligible progressive disease, or in respect of the death of the worker.
(2)Section 224(1)(b), as amended by section 13 of the amending Act, applies to a family member referred to in subsection (1) for the purposes of determining the services for which compensation is payable under that section in respect of the injury, eligible progressive disease or death.
(3)Despite subsection (2), the amount of compensation payable to a family member referred to in subsection (1) is the amount of compensation to which the person was entitled under section 224(1)(b), as in force immediately before the commencement day, in respect of the injury, eligible progressive disease or death.
(4)In this section—
amending Act means the Workplace Injury Rehabilitation and Compensation Amendment Act 2025;
commencement day means the date of commencement of section 13 of the amending Act.".
Division 2—Weekly pensions
35Weekly pensions for dependants of worker who dies
(1)In section 241(2)(b) of the Principal Act—
(a)in subparagraph (ii)—
(i)for "5 dependent" substitute "4 dependent";
(ii)for the formula substitute—
"twice the State average weekly earnings where N is the number of dependent children so entitled; or".
(b)in subparagraph (iii)—
(i)for "5 dependent" substitute "4 dependent";
(ii)for "two thirds" substitute "50 per cent".
(2)In section 241(3)(b) of the Principal Act—
(a)in subparagraph (ii)—
(i)for "5 dependent" substitute "4 dependent";
(ii)for the formula substitute—
"twice the State average weekly earnings where N is the number of dependent children so entitled; or".
(b)in subparagraph (iii)—
(i)for "5 dependent" substitute "4 dependent";
(ii)for "two thirds" substitute "50 per cent".
(3)In section 241(6) of the Principal Act—
(a)for "5 dependent" substitute "4 dependent";
(b)in paragraph (a), for "5 per cent" substitute "12·5 per cent";
(c)for the formula in paragraph (b) substitute—
"twice the State average weekly earnings where N is the number of dependent children so entitled.".
(4)In section 241(7) of the Principal Act—
(a)for "5 dependent" substitute "4 dependent";
(b)in paragraph (a), for "25 per cent" substitute "50 per cent";
(c)in paragraph (b), for "one third" substitute "50 per cent".
36New section 629 inserted
After section 628 of the Principal Act insert—
"629 Transitional provision—Workplace Injury Rehabilitation and Compensation Amendment Act 2025—section 241
(1)If a person was receiving or became entitled to receive compensation under section 241 in the 5 year period immediately preceding the commencement day, the amount of compensation that the person is entitled to receive under that section in relation to the review period is to be determined in accordance with section 241, as in force immediately after the commencement day.
(2)If a determination under subsection (1) results in a person being entitled to an amount of compensation under section 241 that is greater than the amount that, but for the application of this section, the person was entitled to receive in relation to the review period, the amount of compensation paid or payable to the person is to be adjusted accordingly.
(3)Despite section 239, a claimant is not entitled to interest at the prescribed rate on an amount of compensation that is paid or payable to a person under this section that is greater than the amount that, but for the application of this section, the person was entitled to receive in relation to the review period.
(4)If a determination under subsection (1) results in a person being entitled to an amount of compensation under section 241 that is less than the amount that, but for the application of this section, the person received or was entitled to receive in relation to the review period, no adjustment is to be made under this section.
(5)In this section—
commencement day means the date of commencement of section 35 of the Workplace Injury Rehabilitation and Compensation Amendment Act 2025;
review period means the 5 year period referred to in subsection (1).".
Division 3—Return to work co-ordinators
37New sections 106A to 106E inserted
After section 106 of the Principal Act insert—
"106A Employer obligation—ensuring return to work co-ordinator completes training
(1)An employer must ensure that a person who is appointed by the employer to act as a return to work co-ordinator for the employer completes approved training within the required period or holds an approved qualification, unless the employer has a reasonable excuse for not so ensuring.
Penalty:In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
(2)In this section—
approved qualification means a qualification approved by the Minister;
approved training means training—
(a)determined by the Minister; and
(b)delivered by a person or body who is approved by the Authority.
106BApproved training and approved qualifications
(1)For the purposes of section 106A, the Minister, by order published in the Government Gazette, may determine any of the following—
(a)training to be completed by a return to work co-ordinator;
(b)the time period within which a return to work co-ordinator must complete training;
(c)qualifications to be held by a return to work co-ordinator.
(2)A determination under subsection (1) may provide for any of the following matters—
(a)skills and knowledge to be acquired in a course of training or under a qualification;
(b)units of competency to be completed in a course of training or under a qualification;
(c)the content and syllabus of a course of training or qualification;
(d)the duration of a course of training by reference to a fixed period or a minimum or maximum period.
(3)A matter determined under subsection (1)(a), (b) or (c) may differ according to whether a return to work co-ordinator is appointed by an employer referred to in section 106(1) or (2).
Example
A return to work co-ordinator appointed by a large employer may be required to attend a course of training that is longer in duration than the course of training that a person appointed by a small employer is required to attend.
(4)The Minister, by Order published in the Government Gazette, may vary or revoke a matter approved or specified under subsection (1).
(5)An Order under subsection (1) or (4) takes effect on publication of the Order in the Government Gazette or on such later date specified in the Order.
(6)The Minister must ensure that a notice of making of an Order under this section is also published on a Government Internet website.
(7)The Authority may make recommendations to the Minister with respect to the matters to be determined by the Minister under subsection (1).
106CTraining providers
(1)The Authority may approve a person or body to deliver training for the purposes of section 106A.
(2)The Authority must publish a list of persons and bodies approved under this section on a Government internet site.
106DEmployer obligation—return to work training
(1)An employer who appoints a person to act as a return to work co-ordinator must—
(a)allow the person time off work to attend or complete approved training; and
(b)reimburse the person with such pay as the person would otherwise be entitled to receive from the employer for working during a period of time referred to in paragraph (a); and
(c)if the person attends or completes approved training outside of the person's ordinary working hours, reimburse the person with such pay as the person would otherwise be entitled to receive from the employer for working during those hours; and
(d)pay the costs associated with the person's attendance or completion of approved training.
(2)In this section—
approved training has the same meaning as in section 106A.
106EEmployer obligation—provision of facilities and assistance
An employer must provide a person appointed to act as a return to work co‑ordinator with the facilities and assistance that the person reasonably requires to perform their functions as a return to work co-ordinator, unless the employer has a reasonable excuse for failing to provide the facilities and assistance.
Penalty:In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.".
38Issue of Return to Work improvement notice
In section 139(2) of the Principal Act, for "section 106" substitute "section 106, 106A, 106E".
39Criminal liability of officers of bodies corporate—failure to exercise due diligence
After section 601(2)(g) of the Principal Act insert—
"(ga)section 106A;
(gb)section 106E;".
PART 3—AMENDMENT OF ACCIDENT COMPENSATION ACT 1985
Division 1—Matters relating to benefits and compensation
40Objects of Act
After section 3(c) of the Accident Compensation Act 1985 insert—
"(ca)to ensure the accident compensation scheme operates so that all claimants and users of the scheme are treated fairly, respectfully and with dignity;
(cb)to ensure the accident compensation scheme provides a high-quality service to all users of the scheme;".
41Assessment of impairment
(1)For section 91(4)(a) of the Accident Compensation Act 1985 substitute—
"(a)must be assessed as a binaural loss of hearing and determined by a medical practitioner in the manner approved by the Minister; and".
(2)Section 91(5) of the Accident Compensation Act 1985 is repealed.
43Revised compensation for death of worker
(1)In section 92A(1) of the Accident Compensation Act 1985 insert the following definition—
"close family member of a worker means a person who, at the time of the worker's death—
(a)was a partner, parent, guardian, step‑parent, grandparent, sibling or step-sibling of the worker or a person to whom the worker was a parent, step‑parent or guardian; and
(b)had a genuine personal relationship with the worker;".
(1A)After section 92A(8B) of the Accident Compensation Act 1985 insert—
"(8C)If a worker leaves—
(a)one or more dependants, whether dependent partners or dependent children or partially dependent partners; and
(b)any other person who is to any extent dependent on the worker's earnings—
each person referred to in paragraph (b) is entitled to an amount of compensation, being a sum not exceeding $20 000, which the court, Authority or self-insurer considers is reasonable and appropriate to the injury to that person.
(8D)To avoid doubt, a determination of the amount of compensation to which a dependant is entitled under subsection (4), (5), (6), (7), (8), (8A) or (8B) is not affected by, and does not affect, a determination of the amount of compensation to which a dependant is entitled under subsection (8C).".
(2)After section 92A(11) of the Accident Compensation Act 1985 insert—
"(11A)In addition to any other compensation paid under this section, the amount of compensation payable on the death of the worker to each close family member of the worker is $10 000.
(11B)Subsection (3) does not apply to an amount of compensation payable under subsection (11A).".
44Provisional payment
(1)In section 92D(1)(a) of the Accident Compensation Act 1985, for "12 weeks" substitute "13 weeks".
(2)After section 92D(1)(a) of the Accident Compensation Act 1985 insert—
"(ab)weekly pension that may be payable under section 92B(3)(b) for a period from the end of the first 13 weeks after the death of the worker until the end of 26 weeks after the death of the worker;".
(3)In section 92D(1)(c) of the Accident Compensation Act 1985, for "counselling" substitute "counselling, therapy and other support".
(4)In section 92D(1)(e) of the Accident Compensation Act 1985, for "section." substitute "section;".
(5)After section 92D(1)(e) of the Accident Compensation Act 1985 insert—
"(f)reasonable costs of forensic cleaning that may be payable under section 99(1)(e) up to the maximum amount determined as reasonable costs by the Authority under section 99AAA(2).".
(6)In section 92D(3) of the Accident Compensation Act 1985, after "subsection (1)(a)" insert "or (ab)".
(7)In section 92D(6) of the Accident Compensation Act 1985—
(a)after paragraph (a) insert—
"(ab)under subsection (1)(ab), any liability the Authority or self-insurer has to the person to whom the payment was made under section 92B(3)(b) is discharged to the extent of that payment;".
(b)in paragraph (d), for "payment." substitute "payment;";
(c)after paragraph (d) insert—
"(e)under subsection (1)(e), any liability the Authority or self-insurer has to the person to whom the payment was made under section 99(1)(d) is discharged to the extent of that payment;
(f)under subsection (1)(f), any liability the Authority or self-insurer has to the person to whom the payment was made under section 99(1)(e) is discharged to the extent of that payment.".
(8)For section 92D(7) of the Accident Compensation Act 1985 substitute—
"(7)The Authority or self-insurer must not make provisional payments to a person under this section in respect of the death of the worker if it appears to the Authority or self-insurer that the worker's death resulted from or was materially contributed to by a heart attack injury, disease or stroke injury unless at the time of the worker's death—
(a)the Authority or the self-insurer had already accepted a claim for compensation made by the worker in respect of that injury or disease; and
(b)the worker was receiving compensation payments in respect of that injury or disease.".
45Weekly payments after the second entitlement period
In section 93C(1)(c) of the Accident Compensation Act 1985, for "1 January 2024" substitute "31 March 2024".
46Continuation of weekly payments after second entitlement period
In section 93CD(4)(c) of the Accident Compensation Act 1985, for "1 January 2024" substitute "31 March 2024".
47Provisions relating to the payment of compensation
In section 97(2)(b) and (2AAB) of the Accident Compensation Act 1985, for "1 January 2024" substitute "31 March 2024".
48Compensation for maims
(1)For section 98(2AB)(a) of the Accident Compensation Act 1985 substitute—
"(a)must be assessed as a binaural loss of hearing and determined by a medical practitioner in the manner approved by the Minister; and".
(2)Section 98(2AC) of the Accident Compensation Act 1985 is repealed.
49Compensation for non-economic loss
(1)In section 98C(3B) of the Accident Compensation Act 1985, for "$4700" substitute "$5600".
(2)At the foot of section 98C(3B) of the Accident Compensation Act 1985 insert—
"Note
The figure in this subsection corresponds to the figures in subsection (3A), as indexed on 1 July 2022.".
50No Disadvantage—Compensation Table
(1)For section 98E(3)(a) of the Accident Compensation Act 1985 substitute—
"(a)shall be determined by a medical practitioner in the manner approved by the Minister; and".
(2)Section 98E(4) of the Accident Compensation Act 1985 is repealed.
51Liability of Authority and self-insurer
(1)For section 99(1)(b) of the Accident Compensation Act 1985 substitute—
"(b)if the injury is a severe injury for which immediate inpatient treatment in a hospital is received or an eligible progressive disease, or where death results from the injury, the reasonable costs incurred in Australia of the following services provided to family members of the worker—
(i)family counselling provided by a medical practitioner or registered psychologist or by a social worker approved by the Authority to provide counselling services for the purposes of this section;
(ii)therapy and other support services provided by any person or class of person approved by the Authority to provide therapy and other support services for the purposes of this section—
not exceeding $10 000 in respect of that severe injury or eligible progressive disease or death; and".
(2)In section 99(1)(d)(iii) of the Accident Compensation Act 1985, for "members—" substitute "members; and".
(3)After section 99(1)(d) of the Accident Compensation Act 1985 insert—
"(e)if death results from the injury, the reasonable costs of forensic cleaning services incurred by family members of the worker in circumstances where the death occurred at the home of the worker or a family member of the worker—".
(4)After section 99(16) of the Accident Compensation Act 1985 insert—
"(17)The Minister may give directions specifying therapy and other support services, or a class of therapy and other support services, for which an amount may be paid under subsection (1)(b)(ii).".
52Indexation of certain amounts—consumer price index
(1)After item 13 in the Table to section 100C of the Accident Compensation Act 1985 insert—
"13A Section 92A(8C)—$20 000".
(2)After item 14 in the Table to section 100C of the Accident Compensation Act 1985 insert—
"14A Section 92A(11A)—$10 000". (3)After item 30 in the Table to section 100C of the Accident Compensation Act 1985 insert—
"31 Section 98C(3B)—$5600". (4)For item 40 in the Table to section 100C of the Accident Compensation Act 1985 substitute—
"40 Section 99(1)(b)—$10 000". 53New Division 19 of Part IX inserted
After Division 18 of Part IX of the Accident Compensation Act 1985 insert—
"Division 19—Workplace Injury Rehabilitation and Compensation Amendment Act 2025
396Definition of amending Act
In this Division—
amending Act means the Workplace Injury Rehabilitation and Compensation Amendment Act 2025.
397Sections 93C, 93CD and 97
Sections 93C, 93CD and 97, as amended by sections 45, 46 and 47 of the amending Act, apply, and are taken always to have applied, from 31 March 2024.
398Sections 98C and 100C
(1)Section 98C(3B), as amended by section 49 of the amending Act, applies, and is taken always to have applied, in respect of a calculation of an amount of non-economic loss under section 98C(3B) that is made on or after 1 July 2022.
(2)Item 31 in the Table to section 100C, as inserted by section 53(3) of the amending Act, applies, and is taken always to have applied, as if item 31 were specified in that Table from 1 July 2022.
(3)However, section 100C does not apply to vary an amount specified in item 31 in the Table to that section for the financial year commencing on 1 July 2022.
399Section 99
(1)This section applies to a family member of a worker who, immediately before the commencement day, was receiving or became entitled to receive compensation under section 99(1)(b) in respect of an injury to the worker, including an eligible progressive disease, or in respect of the death of the worker.
(2)Section 99(1)(b), as amended by section 51 of the amending Act, applies to a family member referred to in subsection (1) for the purposes of determining the services for which compensation is payable under that section in respect of the injury, eligible progressive disease or death.
(3)Despite subsection (2), the amount of compensation payable to a family member referred to in subsection (1) is the amount of compensation to which the person was entitled under section 99(1)(b), as in force immediately before the commencement day, in respect of the injury, eligible progressive disease or death.
(4)In this section—
commencement day means the date of commencement of section 51 of the amending Act.".
Division 2—Pensions
54Weekly pensions for dependants of worker who dies
(1)In section 92B(3)(b) of the Accident Compensation Act 1985—
(a)in subparagraph (ii)—
(i)for "5 dependent" substitute "4 dependent";
(ii)for the formula substitute—
"twice the State average weekly earnings where—
N is the number of dependent children so entitled; or".
(b)in subparagraph (iii)—
(i)for "5 dependent" substitute "4 dependent";
(ii)for "two thirds" substitute "50 per cent".
(2)In section 92B(4)(b) of the Accident Compensation Act 1985—
(a)in subparagraph (ii)—
(i)for "5 dependent" substitute "4 dependent";
(ii)for the formula substitute—
"twice the State average weekly earnings where—
N is the number of dependent children so entitled; or".
(b)in subparagraph (iii)—
(i)for "5 dependent" substitute "4 dependent";
(ii)for "two thirds" substitute "50 per cent".
(3)In section 92B(7) of the Accident Compensation Act 1985—
(a)for "5 dependent" substitute "4 dependent";
(b)in paragraph (a), for "5 per cent" substitute "12·5 per cent";
(c)for the formula in paragraph (b) substitute—
"twice the State average weekly earnings where—
N is the number of dependent children so entitled.".
(4)In section 92B(8) of the Accident Compensation Act 1985—
(a)for "5 dependent" substitute "4 dependent";
(b)in paragraph (a), for "25 per cent" substitute "50 per cent";
(c)in paragraph (b), for "one third" substitute "50 per cent".
55New section 400 inserted
After section 399 of the Accident Compensation Act 1985 insert—
"400 Section 92B
(1)If a person was receiving or became entitled to receive compensation under section 92B in the 5 year period immediately preceding the commencement day, the amount of compensation that the person is entitled to receive under that section in relation to the review period is to be determined in accordance with section 92B, as in force immediately after the commencement day.
(2)If a determination under subsection (1) results in a person being entitled to an amount of compensation under section 92B that is greater than the amount that, but for the application of this section, the person was entitled to receive in relation to the review period, the amount of compensation paid or payable to the person is to be adjusted accordingly.
(3)A claimant is not entitled to interest at the prescribed rate on an amount of compensation that is paid or payable to a person that is greater than the amount that, but for the application of this section, the person was entitled to receive in relation to the review period.
(4)If a determination under subsection (1) results in a person being entitled to an amount of compensation under section 92B that is less than the amount that, but for the application of this section, the person received or was entitled to receive in relation to the review period, no adjustment is to be made under this section.
(5)In this section—
commencement day means the date of commencement of section 54 of the amending Act;
review period means the 5 year period referred to in subsection (1).".
PART 4—AMENDMENT OF OCCUPATIONAL HEALTH AND SAFETY ACT 2004
56Occupational Health and Safety Advisory Committee
In section 19(3) of the Occupational Health and Safety Act 2004—
(a)in paragraph (e), for "safety." substitute "safety;";
(b)after paragraph (e) insert—
"(f)2 persons who the Minister considers have been affected, directly or indirectly, by a workplace incident that involves death or a serious injury or illness.".
PART 5—REPEAL OF THIS ACT
57Repeal of this Act
This Act is repealed on 1 July 2028.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 5 March 2025
Legislative Council: 15 May 2025
The long title for the Bill for this Act was "A Bill for an Act to amend the Workplace Injury Rehabilitation and Compensation Act 2013, the Accident Compensation Act 1985 and the Occupational Health and Safety Act 2004 and for other purposes."
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