Workplace Injury Rehabilitation and Compensation Act 2013

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the death of the worker, a claim for compensation under this Act must not be made unless the first mentioned claim is withdrawn or rejected.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.