The Law Handbook 2024

939 NOTE The law in this chapter is current as at 1 September 2023. Introduction and key legislation Work injuries in Victoria may be compensated in two different ways: 1 The first is by way of the Acts of parliament regulating the system of workers compensation. This is dealt with in the first section of this chapter. 2 The second is if the negligence of an employer or of a fellow worker is involved, in which case a common law claim may be able to be made. This is dealt with in the second section of this chapter. The Accident Compensation Act 1985 (Vic) (‘ 1985 Act ’) applies to the entitlement for work injures which occurred between 1 September 1985 and 30 June 2014. On 1 July 2014, the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) (‘ WIRC Act ’) commenced. This Act applies to the entitlement for work injuries that occur on or after 1 July 2014. The 1985 Act and the WIRCAct are very similar as to entitlements and benefits, although the numbering of provisions is different. NOTE Unless otherwise indicated, this chapter refers to work injuries sustained on or after 1 July 2014. All legislative references are to the WIRC Act unless otherwise indicated. Workers compensation Introduction The administration of workers compensation in Victoria is generally handled by WorkSafe Victoria (‘ WorkSafe ’) (see ‘Contacts’ at the end of this chapter), which has the ultimate responsibility for workers compensation in Victoria. However, a number of private insurance companies known as ‘ authorised agents ’ administer theWorkSafe scheme on a day-to-day basis. Also, some large employers have been permitted to be self-insurers, rather than taking out workers compensation insurance policies with WorkSafe. A person who has made a claim for compensation can request WorkSafe, a self-insurer or an authorised agent to supply any information they hold that is relevant to that claim (s 9). There are similar provisions to these in the Freedom of Information Act 1982 (Vic) (see Chapter 12.3: Freedom of information law), including which documents are exempt from being provided. The Victorian Ombudsman (see Chapter 12.1: Taking a problem to an ombudsman) can enquire into or investigate any administrative action of any authorised agent or self-insurer in relation to workers compensation matters (including any decision or failure to act). Almost all disputed workers compensation matters are heard in the County Court or Magistrates’ Court (both of which are referred to in this chapter as ‘ the court ’) (see ss 39–41). However, because of costs penalties, most contested workers compensation claims are heard in the Magistrates’ Court. Since 5 April 2010, the Magistrates’ Court has had the same jurisdiction as the County Court to consider any workers compensation matter, except for applications for a serious injury certificate for common law damages (ss 267, 335(2)(d)). A Magistrates’ Court can also hear disputed matters arising out of a request for information about a claim for compensation. This chapter attempts to summarise some basic provisions relevant to workers compensation claims and does not cover all legislation relevant to this topic. Who is covered? TheWIRCAct states that ‘workers’ or their dependents are entitled to benefits. (‘Worker’ is broadly defined in section 3 of the WIRC Act and excludes most 10.3 Work injuries Contributor: Brian Wright, Reserve Magistrate, Magistrates’ Court of Victoria