Workplace Injury Rehabilitation and Compensation Act 2013

Workers. Any person within the definition of worker in section 3 and Schedule 1 who suffers a workplace injury on or after 1 July 2014. Workers must give notice under section 18, lodge a claim under section 20, provide medical certificates under section 25, participate in return to work plans, and comply with reasonable requests for medical examination under section 57.

Employers. Defined by section 3 as a person who employs a worker. Employers must register and pay WorkCover premiums under Part 10, display injury notices under section 16, maintain an injury register under section 17, plan the return to work of injured workers under section 104, and appoint a return to work coordinator under section 106 if their rateable remuneration is $2,169,670 or more. Employers are jointly and directly liable with the Authority under section 70.

The Authority and authorised agents. WorkSafe Victoria and its authorised agents are responsible for accepting or rejecting claims (section 20), making weekly payment decisions, conducting impairment assessments, and pursuing recovery from third parties. The Authority may also accept undertakings under section 604 as an alternative to prosecution.

Self-insurers. Part 8 regulates self-insurers' licence conditions, security obligations, subsidiary eligibility, exit procedures, and reporting. Non-WorkCover employers who subsequently exit the scheme face tail claims liability obligations under Part 9.

Medical practitioners, treating health practitioners, and independent medical examiners. Integral to the scheme but not individually regulated by this Act; their roles are defined functionally in the claims, return to work, and dispute resolution processes.

Insurers and agents managing the Accident Compensation Act 1985 portfolio. Because the 1985 Act continues to govern pre-2014 injuries, there is a bifurcated caseload across all authorised agents and self-insurers.

Notice of injury (section 18). A worker must give notice of an injury as soon as practicable after the injury occurs. The notice must identify the worker, describe the injury, and specify the circumstances. Delay in notice may affect entitlements under section 18(3) unless there is a reasonable excuse.

Employer's register (section 17). Employers must maintain a register of injuries and record particulars of every injury of which they are notified. This is a standing obligation.

Displaying notice at workplaces (section 16). A summary approved by the Authority must be displayed at each workplace in an accessible location. Failure is an offence.

Lodging a claim (section 20). A claim for compensation must be lodged within 30 days after a medical certificate is given or such further period as the Authority allows. The Authority must acknowledge or notify the claim within 10 working days under section 21.

Medical certificate (section 25). Workers must provide a medical certificate from a medical practitioner to support most claims. The certificate must state the medical practitioner's opinion that the worker has or will have an incapacity for work.

Return to work obligations (Part 4). Employers must plan the worker's return to work from the date they know or ought to know of incapacity (section 104). Employers must consult under section 105 with the worker, the treating health practitioner (with consent), and rehabilitation providers. Failure to carry out these obligations attracts penalties of up to 120 penalty units for an individual and 600 penalty units for a body corporate.

Premium registration and payment (Part 10, Division 2). Employers must register with the Authority, declare their rateable remuneration, and pay WorkCover premiums on that remuneration. Failure to register or pay premium attracts late payment penalties and enforcement action.

Accepting or rejecting claims (section 20). The Authority or self-insurer has broad discretion to accept, partially accept, or reject a claim. Rejection must occur within 30 days of receiving the claim and must be in writing with reasons.

Medical examination (section 57). The Authority or self-insurer may require a worker to submit to examination by an independent medical examiner at intervals. Unreasonable refusal may suspend entitlement to compensation.

Work capacity reviews (section 163(3)). Where a worker is receiving post-second period payments on the basis of no current work capacity and WPI above 20%, the Authority or self-insurer must review the worker's work capacity at least once every two years.

Impairment assessment (Division 4, Part 5). The Authority arranges impairment assessments by approved medical practitioners using the AMA Guides. The outcome determines lump sum entitlements and eligibility for common law proceedings.

Recovery from third parties (Part 3, Division 3). Where a worker's injury results from a third party's negligence, the Authority or self-insurer is subrogated to the worker's rights and may pursue recovery. The interplay between this and the common law rights in Part 7 is carefully managed by sections 328-366.

Ministerial directions (section 352). The Minister may give directions relating to the conduct of proceedings in the County Court under Part 7 Division 2. This is a safety valve for systemic issues in the serious injury litigation pathway.

Authority to accept undertakings (section 604). The Authority may accept written undertakings from persons who have contravened or allegedly contravened the Act, staying prosecution while the undertaking is in force.

The Act uses penalty units as its primary penalty currency. Key levels, as found throughout Parts 4, 13, and other provisions:

• Failure to display injury notice at a workplace: lower-level penalty.
• Failure to plan return to work or consult (sections 104, 105): 120 penalty units (individual), 600 penalty units (body corporate).
• Failure of a non-WorkCover employer to comply with Part 9: 240 penalty units (individual), 1,200 penalty units (body corporate).
• Serious fraud, false statements: up to 240 penalty units or 2 years imprisonment or both (individual), 1,200 penalty units (body corporate).

The County Court has exclusive jurisdiction to hear compensation disputes under section 264, including decisions of the Authority, employers, and self-insurers, and recommendations or directions of the ACCS.

Workers seeking common law damages under Part 7 must first obtain an impairment assessment and in most cases attempt conciliation. The Court may award damages only in respect of a serious injury (section 327). Section 326 prohibits recovery of pecuniary or non-pecuniary damages outside the statutory pathways except in transport accident cases or where a third party (not the employer) is liable.

Injury notification to claim lodgement. Workers must give notice as soon as practicable after injury (section 18) and lodge a claim within 30 days of receiving a medical certificate (section 20). The Authority must acknowledge within 10 working days (section 21).

Claim determination. The Authority or self-insurer must determine liability within 28 days of the claim being reasonably complete, unless additional information is being sought under section 30.

First entitlement period. Begins from the start of incapacity. Section 161 entitles an incapacitated worker with no current work capacity to 95% of PIAW (capped at twice the State average weekly earnings).

Second entitlement period. At 95 weeks of weekly payments (the default trigger for most workers), the rate drops to 80% of PIAW under section 162, with a cap.

After the second period. Section 163 provides that weekly payments cease after the second period unless the Authority determines the worker has no current work capacity and a WPI above 20%. Reviews of this determination must occur at least once every two years.

Impairment assessment pathway. A worker who reaches the WPI threshold for lump sum compensation or common law may apply under Division 4 of Part 5. Once the assessment is done, there is a cooling-off and settlement window.

Conciliation. Before most County Court proceedings, disputes must go to the ACCS (Part 6). The conciliation officer or arbitration officer may make recommendations or determinations within their jurisdiction.

Medical Panel. Medical questions (section 3 definition) that cannot be resolved through ordinary processes go to a Medical Panel constituted under Part 12 Division 2. The Panel's determination on a medical question is binding.

County Court proceedings. Exclusive jurisdiction under section 264. Serious injury applications under Part 7 Division 2 require a separate application and may involve an independent assessment before the case is heard on damages.

Accident Compensation Act 1985. The central companion statute, governing pre-2014 injuries. This Act provides a single claim gateway for both (section 1(c)). Courts and authorised agents must apply one Act or the other depending on the date of injury. The Acts share many definitions and administrative structures.

Occupational Health and Safety Act 2004. Parallel health and safety regime. WorkSafe Victoria administers both Acts. A serious injury claim under this Act may also trigger compliance action under the OHS Act. Section 402 of the WIRC Act refers to the OHS Act in self-insurer provisions.

Transport Accident Act 1986. Where a worker's injury arises from a transport accident, the Transport Accident Commission scheme may apply instead. Section 326(a) preserves the TAC pathway for transport accident injuries.

Wrongs Act 1958. Section 326(a)(ii) allows recovery in accordance with Part III of the Wrongs Act for transport accident injuries, subject to the Transport Accident Act. Section 339 modifies the Wrongs Act's proportionate liability and contributory negligence provisions for serious injury proceedings.

Interpretation of Legislation Act 1984. Section 14 of the WIRC Act notes that the Act's flow charts do not form part of the Act by virtue of section 36(3A) of the Interpretation of Legislation Act.

Relationships Act 2008. The definition of domestic partner in section 3 cross-references registered domestic relationships under the Relationships Act.

Financial Management Act 1994 and State Owned Enterprises Act 1992. Referenced in the accounting records definition (section 3) and the non-WorkCover employer provisions (Part 9) respectively.

Pre-2014 and post-2014 cut. A worker injured before 1 July 2014 is governed by the Accident Compensation Act 1985, not this Act. For injuries straddling the transition (recurrences, aggravations), the applicable Act depends on the nature and date of the trigger event, not when symptoms worsen. Getting this wrong can result in the wrong assessment framework being applied and different entitlements flowing.

Mental injury exclusions. The Act excludes certain mental injuries from compensation under section 39 where they arise predominantly from reasonable management action (performance appraisals, redundancy, termination). This exclusion is frequently contested in ACCS and County Court proceedings. The exclusion applies to the cause of the mental injury, not the seriousness of it.

The 80% and two-year cliff. Workers entering the second entitlement period see their weekly payment drop from 95% to 80% of PIAW. A worker approaching the end of the second period who has not obtained a determination of no current work capacity and WPI above 20% will lose all weekly payments unless the determination is sought and made before the period expires.

Return to work coordinator threshold. Section 106 requires appointment of a return to work coordinator where an employer's total rateable remuneration is $2,169,670 or above. This figure is periodically updated. Employers near the threshold should verify the current amount as premium periods roll over.

Serious injury bar. Common law damages are only available for serious injuries under Part 7. Section 326 makes clear that the default is the statutory scheme; common law proceedings require clearing the serious injury gateway. Workers who settle lump sum impairment claims at a level that precludes serious injury status lose the common law option.

Undertakings stay prosecution. Once the Authority accepts an undertaking under section 604, proceedings cannot be brought for the relevant contravention. Employers should understand that accepting an undertaking is not a costless alternative: a breach of the undertaking allows the Authority to apply to the Magistrates' Court for a compliance order, damages, and a civil penalty.

Worker with back injury and staged recovery. A labourer suffers a spinal injury at work on 15 March 2025. The employer registers the injury in the register under section 17 and the worker lodges a claim within 30 days. The Authority accepts liability and pays weekly payments at 95% of PIAW from the date of incapacity (section 161). At the 13-week mark, the return to work coordinator develops a graduated return to work plan. At the end of the first entitlement period, the rate reduces to 80% (section 162). If the worker reaches the end of the second period without returning to employment, the worker must have obtained a no-current-work-capacity determination and a WPI assessment before payments continue (section 163).

Employer below the coordinator threshold. A hospitality business with rateable remuneration of $1.8 million employs 40 staff. It is below the $2,169,670 threshold in section 106 and need not appoint a dedicated return to work coordinator. However, it still has the full planning and consultation obligations under sections 104 and 105. Failure to plan carries penalties of 600 penalty units for the business.

Serious injury common law pathway. A warehouse worker suffers a crush injury causing a whole person impairment of 35% from a pre-existing knee condition that was aggravated. The worker applies under Division 4 of Part 5 for an impairment assessment. The assessment confirms WPI above 10% on the knee, triggering lump sum entitlement. The worker then applies under Part 7 Division 2 for a determination that the injury is a serious injury to pursue common law damages against the employer. If the County Court is satisfied, the worker proceeds to trial on damages for negligence under section 327.

Self-insurer exit. A large Victorian employer holding a self-insurer licence decides to return to the WorkCover pool. On exit, Part 9 requires an actuarial assessment of tail claims liabilities as at the exit date. The employer must pay an amount to the Authority representing those liabilities, calculated over a six-year liability period. Failure to comply is an offence carrying 1,200 penalty units for a body corporate.