Workplace Injury Rehabilitation and Compensation Act 2013

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

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

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

provide for the registration of employers and the payment of WorkCover premiums; and

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

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

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.

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.

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

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

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

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

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

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).

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

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

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

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

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

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

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

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—

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

an injury arising—

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

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

If a worker suffers an injury that—

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

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

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.

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.

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.

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.

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).

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.

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.

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

arising under this Act in relation to a claim for compensation under this Act; or

arising on or after 1 July 2014 in relation to a claim for compensation under the Accident Compensation Act 1985, whether made before, on or after 1 July 2014; or

arising under the Workers Compensation Act 1958.

For the purposes of subsection (6)(b), a reference in the Accident Compensation Act 1985 to Part III of that Act is to be taken to be a reference to Part 6 of this Act.

For the purposes of subsection (6), a dispute concerning a matter arises when—

an application for conciliation of the matter is, or was, lodged with ACCS in accordance with section 289A of this Act or section 55 of the Accident Compensation Act 1985; or

if the matter is a medical question, when the medical question is, or was, referred to a Medical Panel in accordance with section 304 of this Act or section 65(6A) of the Accident Compensation Act 1985; or

when proceedings concerning the matter are instituted in a court or VCAT.

For the purposes of subsection (6), a dispute concerning a matter is concluded when—

if the matter was referred for conciliation, ACCS has issued an outcome certificate; or

if the matter was a medical question referred to a Medical Panel, the Medical Panel has given its opinion; or

if the matter was a proceeding instituted in a court or VCAT, all appeal rights in relation to a decision or determination in respect of the matter have been exhausted.

Nothing in this Act entitles a worker to compensation under this Act in respect of a disease due to the nature of employment in which the worker was employed unless the worker has been employed in employment of that nature on or after 1 July 2014.

A person is not entitled to receive compensation in the form of weekly payments in respect of the same injury under this Act and under the Accident Compensation Act 1985 or the Workers Compensation Act 1958.

If a worker is entitled to receive weekly payments under this Act and under the Accident Compensation Act 1985 or the Workers Compensation Act 1958, or both, at the same time, the sum of the rate of weekly payments received under the Accident Compensation Act 1985 or the Workers Compensation Act 1958 and the rate of the weekly payments under this Act must not exceed the maximum rate of weekly payments specified in this Act and the amount of weekly payments payable under this Act is reduced accordingly.

If a worker commences, or has commenced, to receive compensation in the form of weekly payments under this Act, the entitlement of the worker to continue to receive weekly payments, and the amount of those payments, depends on the provisions of this Act as in force from time to time.

This Act binds the Crown—

in right of the State of Victoria; and

to the extent that the legislative power of the Parliament permits, in all its other capacities.

To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations.

Subject to this Act, the Authority or a self-insurer must, at the request of a person who has made a claim for compensation, give that person in accordance with this section any information held by the Authority or self-insurer which is relevant to the claim for compensation.

The Authority, a self-insurer or an employer must, at the request of a person who has made a claim for compensation, give that person any information received from a provider to that person of a medical service or hospital service, being information regarding that service and relevant to the claim.

The Authority, a self-insurer or an employer must take all reasonable steps, as soon as is practicable but in any case not later than 28 days of the request being received, to give to the person making the request—

a notice of the reasons for its decision; and

if the decision is to provide all or part of the information requested under subsection (1) or (2), that information.

The Authority or self-insurer may refuse to provide the information requested under subsection (1) if the Authority or self-insurer is satisfied that—

subject to subsection (5), the information is exempt information; or

there are no reasonable grounds for requesting information—

which is the same as information which has been given to the person making the request under this or any other Act in the period of 12 months before the request; or

to which access has previously been refused under this or any other Act.

If—

the Authority or self-insurer decides not to grant a request for information on the ground that some of the information is exempt information; and

it is practicable for the Authority or self‑insurer to give a copy of the information with deletions of the exempt information; and

it appears from the request or subsequent indications from the person making the request, that the person would wish to have access to information with those deletions—

If the Authority, a self-insurer or an employer believes on reasonable grounds that the information requested under subsection (1) or (2) includes information which is exempt information because it is health information which would pose a serious threat to the life or health of the person if the information were to be given to that person—

the Authority, a self-insurer or an employer must not give access to that health information; and

the procedure set out in Division 3 of Part 5 of the Health Records Act 2001 applies as if the refusal of access were a refusal under section 26 of that Act.

The failure by the Authority, a self-insurer or an employer to comply with this section is to be taken to be a dispute to which Divisions 1 and 2 of Part 6 apply.

In this section, exempt information means information of a kind which, if it were contained in a document requested under the Freedom of Information Act 1982, would make that document an exempt document because section 30, 31, 32, 33 or 35 of the Freedom of Information Act 1982 would apply.

reduce the incidence of accidents and diseases in the workplace; and

make provision for the effective occupational rehabilitation of injured workers and their early return to work; and

increase the provision of suitable employment to workers who are injured to enable their early return to work; and

ensure the accident compensation scheme operates so that all claimants and users of the scheme are treated fairly, respectfully and with dignity; and

ensure the accident compensation scheme provides a high-quality service to all claimants and users of the scheme; and

ensure appropriate compensation and provisional payments under this Act or the Accident Compensation Act 1985 is paid to injured workers in the most socially and economically appropriate manner, as expeditiously as possible; and

ensure workers compensation costs are contained so as to minimise the burden on Victorian businesses; and

establish incentives that are conducive to efficiency and discourage abuse; and

enhance flexibility in the system and allow adaptation to the particular needs of disparate work situations; and

maintain a fully-funded scheme; and

in this context, to improve the health and safety of persons at work and reduce the social and economic costs to the Victorian community of accident compensation.

is entitled to appropriate compensation under this Act or the Accident Compensation Act 1985 in relation to an injury to the worker arising out of or in the course of employment; and

must give notice of an injury to the employer in accordance with this Act; and

must comply with any requirement under this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 relating to a claim for compensation; and

is entitled to information relevant to a claim for compensation in accordance with section 9; and

must comply with the obligations of a worker specified in section 27 and Division 3 of Part 4; and

is entitled to be treated fairly, respectfully and with dignity when pursuing their entitlement to compensation under this Act.

is entitled to have the liability to pay compensation in respect of an injury arising out of or in the course of any employment determined in accordance with this Act or the Accident Compensation Act 1985; and

must comply with any requirement under this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 relating to a claim for compensation; and

must provide information relevant to a claim for compensation in accordance with section 9; and

must comply with the obligations of an employer specified in Division 2 of Part 4, Part 7 and Part 10.

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—

claimants are treated with dignity and respect by the Authority, its agents and self-insurers; and

service standards are set for the Authority, its agents and self-insurers in operating the accident compensation scheme.

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).

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.

The Code of Claimants' Rights is a legislative instrument for the purposes of the Subordinate Legislation Act 1994.