Workplace Injury Rehabilitation and Compensation Regulations 2024

On and after 1 January 2025, the amount of contributions payable by a self-insurer into the WorkCover Authority Fund under section 388 of the Workplace Injury Rehabilitation and Compensation Act 2013 must be determined by the Authority, at the start of each calendar year, as 25 per cent of the amount that is calculated in accordance with the following formula—

where—

A is the sum of—

the costs incurred during the preceding financial year that are referred to in the following—

section 513(5)(c) of the Workplace Injury Rehabilitation and Compensation Act 2013;

section 513(5)(d) of the Workplace Injury Rehabilitation and Compensation Act 2013, other than costs—

directly related to the administration, operation, management and maintenance of the Authority's central computer network that is used by authorised agents; or

related to compliance audits for the collection and recovery of premiums payable under the Workplace Injury Rehabilitation and Compensation Act 2013; or

related to actuarial services provided to the Authority that are not actuarial services provided for the purposes of section 403 of the Workplace Injury Rehabilitation and Compensation Act 2013; or

related to services provided by the Authority that self‑insurers or their workers are ineligible to access;

section 513(5)(f) of the Workplace Injury Rehabilitation and Compensation Act 2013;

section 513(5)(g) of the Workplace Injury Rehabilitation and Compensation Act 2013;

section 513(5)(l) of the Workplace Injury Rehabilitation and Compensation Act 2013; and

the costs incurred by the Authority during the preceding financial year in the administration of Division 2 of Part 6 of the Workplace Injury Rehabilitation and Compensation Act 2013; and

the costs incurred by the Authority during the preceding financial year in meeting any liability incurred under section 403 of the Workplace Injury Rehabilitation and Compensation Act 2013; and

any costs referred to in paragraph (a), (b) or (c) that were incurred by the Authority during any earlier financial year but which were not included in a previous determination made under section 388 of the Workplace Injury Rehabilitation and Compensation Act 2013;

B is the sum of the total relevant remuneration paid or payable by all employers liable to pay premiums under the Workplace Injury Rehabilitation and Compensation Act 2013 and the total relevant remuneration calculated in accordance with C for all self-insurers during the preceding financial year;

C is the relevant remuneration, calculated as if the self-insurer were an employer liable to pay premiums under the Workplace Injury Rehabilitation and Compensation Act 2013, that was paid or payable by the self-insurer during the preceding financial year.

Schedule 1—Search warrant

Regulation 5

Workplace Injury Rehabilitation and Compensation Act 2013

Section 558

EXECUTION COPY/SERVICE COPY

Premises where search will be conducted:

______________________________________________________________AUTHORITY

Being satisfied, by the evidence [on oath] [or] [by affirmation] [or] [by affidavit] of the Victorian WorkCover Authority, that there is reasonable ground for suspecting that there are on the premises mentioned above books which are relevant [in determining whether any of the provisions of the Workplace Injury Rehabilitation and Compensation Act 2013, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 are being or have been contravened] [or] [to the assessment of a premium];

This warrant authorises any police officer, together with—

to enter the premises mentioned above (using such force as is necessary for the purpose); and

to search the premises and to break open and search any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in the premises; and

to take possession of, or secure against interference, any books that appear to be relevant to the purpose specified above; and

to deliver any books, possession of which is so taken, into the possession of the Victorian WorkCover Authority or the possession of—

being a person authorised by the Victorian WorkCover Authority to receive them.

This warrant is issued under section 558 of the Workplace Injury Rehabilitation and Compensation Act 2013.

RESULT OF SEARCH

______________________________________________________________

A. EXECUTION

Warrant executed

at a.m./p.m. on / /

OR

This warrant is returned unexecuted because—

B. SERVICE

______________________________________________________________

C. PROPERTY DAMAGE

E. DELIVERY OF BOOKS SEIZED

at a.m./p.m. on / /

______________________________________________________________

F. SIGNATURE OF POLICE OFFICER

NOTE TO PERSONS EXECUTING WARRANT

If, under this warrant, a person takes possession of, or secures against interference, any books, that person or any person to whose possession they are delivered under this warrant—

 may make copies of, or take extracts from, the books; and

 may retain possession of the books for such period as is necessary to enable them to be inspected, and copies of, or extracts from, them to be made or taken, by or on behalf of the Victorian WorkCover Authority; and

 during that period must permit a person who would be entitled to inspect any one or more of those books if they were not in the possession of the first-named person to inspect at all reasonable times such of those books as that person would be so entitled to inspect; and

 may retain the original books, or some of them, for a longer period only if the magistrate who issued this warrant makes an order under section 558(6) of the Workplace Injury Rehabilitation and Compensation Act 2013.

RETENTION OF ORIGINAL BOOKS FOR CRIMINAL PROCEEDINGS

H. ORDER FOR RETENTION FOR CRIMINAL PROCEEDINGS

Being satisfied, on application by the Victorian WorkCover Authority, that there is reasonable ground to believe that the physical properties of the abovementioned books, or of the contents of the books, are material evidence in proposed criminal proceedings against—

I order that the Victorian WorkCover Authority is authorised to retain possession of the abovementioned books until the criminal proceedings referred to above are concluded.

This order is made under section 558(6) of the Workplace Injury Rehabilitation and Compensation Act 2013.

Schedule 2—Amounts not remuneration—contractors

Regulation 11

Table

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