Workplace Injury Rehabilitation and Compensation Regulations 2024

The Regulations operationalise a set of technical concepts that the Acts leave to subordinate instrument. The main concepts to track are: prescribed hours; what counts as non‑remuneration for certain contractor payments; the content and use of certificates evidencing Authority payments; the mechanics and scope of search warrants; procedural safeguards for investigations; the treatment of payments to offshore residents; reimbursement timetables; and the method for calculating self‑insurer contributions.

Prescribed hours: Two separate hour prescriptions are given. For the WIRC Act definition of full‑time worker, the prescribed number is 35 hours per week (reg 8). Separately, for the calculation of pre‑injury average weekly earnings in identified schedule items of the Accident Compensation Act 1985 and the WIRC Act, the prescribed number is 38 hours per week (reg 9). These numbers are conceptually distinct in the instrument and will feed different entitlement or definition outcomes in the Acts.

Non‑remuneration percentages: The Regulations narrow the scope of what counts as “remuneration” where contract payments include amounts for materials or equipment that the contractor either purchases or provides. For timber contractors, a flat 25 per cent is prescribed in the specific circumstances in reg 10. For a broader list of contractor services, reg 11 and Schedule 2 map specific contract types to fixed percentages, ranging from 5 per cent for architects, draftspersons, engineers and computer programmers, up to 37 per cent for resilient floor layers. The concept is a statutory shortcut to reduce assessable remuneration where supplier contractors supply materials.

Certificates and provider identification: Reg 7 lists the items that a certificate under s 590 of the WIRC Act may include, extending the range of documentary facts the Authority can certify regarding amounts paid or payable. Reg 7(2) defines “provider number” either by reference to the Health Insurance Act 1973 identification number or an Authority‑allocated number.

Search warrant form and seizure mechanics: Schedule 1 is the prescribed template for a warrant under s 558 WIRC Act. It authorises entry, search, seizure and delivery of “books” and provides standard procedures for seizure, retention, copying and magistrate orders that permit longer retention for criminal proceedings. The Schedule also reproduces statutory warning text about offences under s 558, cross‑referencing penalty provisions in the Act and specifying execution and return fields.

Investigations standard: Reg 6 prescribes that inquiries and investigations under s 586 be conducted with “due care”, objectively and with regard for legal rights. This sets a minimal procedural standard for Authority conduct and its agents.

Self‑insurer contribution methodology: Two distinct formulas appear. Reg 14 prescribes a quarterly apportionment method up to 31 December 2024 with defined A, B, C, D elements; reg 15 prescribes that from 1 January 2025 the Authority must determine, annually, a contribution equal to 25 per cent of an A/B/C formula using prior financial‑year aggregates, with a specified list of included and excluded costs. Key features are the move from quarterly calculation to an annual 25 per cent allocation and the precise cost categories included or excluded from the A and D aggregates.

Payments to workers overseas and reimbursement timing: Reg 12 sets a process to verify identity and medical status for offshore workers, including Authority‑approved forms and three‑month payment intervals. Reg 13 prescribes 30 days for reimbursement to the Authority after notification an employer has made a weekly payment.

These concepts create discrete obligations for record‑keeping, evidence, computations and administrative procedures, and they allocate incremental fiscal shares between the Authority and self‑insurers.

The Regulations create specific duties and consequences for a limited set of actors named in the Acts and the instrument itself: the Victorian WorkCover Authority (the Authority), employers, self‑insurers, contractors and subcontractors, workers (including those resident overseas), medical practitioners, authorised officers and police executing warrants, and magistrates who issue orders under s 558.

• The Authority: Decides provider numbers where none exist (reg 7(2)(b)); must publish approved forms for overseas worker identity and medical certificates on its website (reg 12(3)); determines self‑insurer contributions under reg 14 and reg 15, including applying the 25 per cent rule for the post‑2024 regime (reg 15); receives books seized under a search warrant and may apply to a magistrate to retain originals for criminal proceedings (Schedule 1, G-H). The Authority also benefits from an expanded set of certificate items that it can issue under s 590 (reg 7).

• Employers: Are affected by the prescribed definitions and calculation shortcuts. Employers liable for premiums under the WIRC Act are part of the denominator for self‑insurer contribution calculations via total relevant remuneration (reg 14(B), reg 15(B)). Employers who make weekly payments that trigger reimbursement obligations must ensure the Authority is notified so the 30‑day prescribed reimbursement period (reg 13) is effective.

• Self‑insurers: Face a direct financial impact. Until 31 December 2024, contributions are set with a quarterly formula (reg 14) requiring reporting of costs and remuneration items (A-D). From 1 January 2025 the Authority must determine an annual contribution equal to 25 per cent of a formula based on prior financial‑year costs and remuneration aggregates (reg 15). Reg 15 also refines exclusions of costs (for example, costs related to services self‑insurers or their workers cannot access) that will alter the base A used to calculate the contribution.

• Contractors and subcontractors: The Regulations allocate treatment of contract payments where materials/equipment are included. Contractors who supply their own materials or procure them are affected by the non‑remuneration percentages: for example architects 5%, bricklayers 30%, carpenters 25%, resilient floor layers 37% (reg 10; reg 11; Schedule 2). This affects premium assessments and employer liability analyses where contractors are effectively treated differently from employees for remuneration purposes.

• Workers resident overseas: Must complete Authority‑approved statements of identity and submit to a medical examination and certificate in specified form to receive payments, and must do so at prescribed three‑month intervals (reg 12). The Authority and self‑insurers are the recipients of these documents.

• Medical practitioners: Where an overseas resident worker seeks payment, the practitioner must complete a certificate in an Authority‑approved form (reg 12(2)(c)); “medical practitioner” carries the meaning in s 3 of the WIRC Act (reg 12 note).

• Police officers and authorised persons executing warrants: Schedule 1 authorises police officers, with named accompanying persons, to enter premises, seize books and deliver them to the Authority or an authorised recipient; it also spells out obligations regarding copying, retention and magistrate orders for continued possession.

• Magistrates: Make orders authorising retention of books for criminal proceedings under s 558(6), and sign off on warrants using the Schedule 1 template.

The distribution of costs is concrete: self‑insurers pay into the WorkCover Authority Fund (reg 14-15), and contractors may see less of their contract payments treated as remuneration (reducing premium exposure) if they satisfy the prescribed conditions in reg 10-11. The Authority gains administrative tools (certificates, forms, warrant template and authority to prescribe and publish forms). Employers remain data providers and administrators for payments and notifications.

The Regulations impose specific duties and grant procedural rights tied to statutory powers in the Acts. Key duties: to calculate, report and pay contributions; to provide or accept specified certificates and forms; to respect procedural standards in investigations; to comply with search warrants; and to maintain records supporting contractor treatment claims.

Duties of the Authority and decision makers:

• Determine self‑insurer contributions. Under reg 14 the Authority must apply a formula on a quarterly basis until 31 December 2024; under reg 15 it must determine annually, at the start of each calendar year, a 25 per cent contribution based on a specified financial‑year calculation. The Authority therefore has an obligation to calculate A, B, C and D aggregates using its own cost records and remuneration data (regs 14-15).
• Publish forms approved for overseas worker identity statements and medical practitioner certificates on its website (reg 12(3)). The publication duty creates an administrative transparency obligation and a single reference point for those forms.
• Issue certificates under s 590 that may include a broad set of details about amounts paid or payable by the Authority (reg 7(1)). This provides the Authority power to evidence payments with granular metadata (invoice numbers, provider details, claim numbers, dates of injury, etc).

Duties of employers and self‑insurers:

• Self‑insurers must contribute to the WorkCover Authority Fund as determined by the Authority under s 388 and implementing regs (regs 14-15). The formulas rely on reporting of remuneration equivalents (B, C) and cost allocations (A, D), creating an implied duty to supply accurate remuneration and cost figures that the Authority will use.
• Employers (and self‑insurers) must accept and process Authority‑approved forms for overseas workers and ensure that workers submit statements and medical certificates to the Authority or self‑insurer before payments are made offshore (reg 12(2)(d)).
• Where an employer makes a weekly payment referred to in s 114D(3) ACA / s 179(5) WIRC Act, the Authority is entitled to reimbursement within a 30‑day prescribed period after notification (reg 13). Employers therefore have the duty to notify and pay timely to avoid triggering additional obligations.

Duties and rights around investigations and warrants:

• Investigating officers must conduct inquiries “with due care; and objectively; and with regard for the legal rights” of persons whose activities are under investigation (reg 6). That imposes an internal procedural constraint on the Authority’s agents and external auditors.
• Police executing a warrant under s 558 using the Schedule 1 form are authorised to enter premises, break open receptacles, seize and deliver books (Schedule 1). They must complete execution returns, note property damage, and the owner/occupier has rights to sign to acknowledge property was not damaged and to inspect seized books at reasonable times (Schedule 1 note to persons executing warrant).
• A magistrate may authorise retention of original books for longer if satisfied there is reasonable ground that their physical properties are material evidence in proposed criminal proceedings (Schedule 1, H). This sets both a duty on the magistrate to be satisfied and a right for the Authority to retain in narrow cases.

Duties of contractors and record‑holders:

• To claim the prescribed non‑remuneration percentage under reg 10-11, the contractor must have purchased, or provided, the materials or equipment for the contracted work (reg 10(2)(b); reg 11(2)(b)). This creates a record‑keeping duty: proof of purchase or evidence of provision must be available to justify applying the prescribed percentage.
• Contractors and employers should maintain documentation corresponding to the items enumerated in reg 7 where the Authority may issue or rely on certificates.

Penalties and cross‑linked rights:

• Schedule 1 reproduces statutory warning language that obstruction or hindrance of persons executing the warrant, refusing a search/seizure, or assaulting an officer are offences under s 558(8)-(10) of the WIRC Act (Schedule 1 warning). While the Regulations do not create the penalties, they record and apply the Act’s enforcement provisions to executions using the Schedule 1 form.

Rights of inspection and procedural safeguards:

• Persons entitled to inspect seized books must be permitted to do so at all reasonable times while copies or extracts are being taken (Schedule 1 note). This mitigates indefinite deprivation of access during short‑term retention for copying. Longer retention requires magistrate approval (Schedule 1 H).

These duties are concrete, document‑centric and computational. The duties shift administrative costs to the parties whose records inform the Authority’s determinations , primarily employers and self‑insurers , and they grant the Authority evidentiary and enforcement mechanisms to support claims under the Acts.

The Regulations themselves do not introduce new penalty levels; they implement processes that operate under the enforcement framework of the Acts, and they reference the Act’s penal provisions where relevant. Enforcement follows three main channels: warrant execution and criminal process, administrative determinations and financial assessments, and compliance via documentary evidence.

Search and seizure and criminal enforcement:

• Schedule 1 is the prescribed warrant form for s 558 of the WIRC Act and embeds statutory warnings that certain behaviours during execution are offences: obstructing or hindering execution (s 558(8)), refusing to permit a search or seizure (s 558(9)), and assaulting or attempting to assault a person executing the warrant (s 558(10)). The Schedule reproduces those warnings and records that such actions are punishable by fine, or fine or imprisonment, as specified in the Act (Schedule 1 warning). Execution returns, damage records and delivery of seized books are formalised in the Schedule, creating documentary bases for prosecutorial or administrative follow‑up.

Administrative and financial enforcement:

• Self‑insurer contributions are payable into the WorkCover Authority Fund under s 388 of the WIRC Act and must be determined by the Authority under regs 14-15. Non‑payment or under‑payment will engage the Act’s collection mechanisms; the Regulations set the calculation mechanics but the Act provides statutory collection powers and penalties (reg 14-15 referencing s 388). The Regulations also specify reimbursement timings (reg 13) which, if not met, will be actionable under the Act’s recovery provisions.

Evidence and certification as enforcement tools:

• The expanded list of items that may appear on a certificate concerning amounts paid or payable by the Authority (reg 7) strengthens the Authority’s capacity to produce documentary evidence for internal recoveries or external proceedings. The inclusion of invoice numbers, provider numbers, dates, claim numbers and worker identifiers gives the Authority granular documentary evidence usable in enforcement or audit contexts.

Procedural limits and safeguards in investigations:

• Reg 6 requires that inquiries and investigations under s 586 be conducted with due care, objectively and with regard for legal rights. That is a procedural constraint that can be invoked in administrative review or judicial challenge, and it shapes how the Authority’s agents undertake investigatory steps before enforcement decisions are made.

Magistrate oversight:

• The Schedule requires a magistrate to make orders to retain original books for criminal proceedings (Schedule 1 H). That preserves judicial oversight for extended deprivation of originals and the threshold for retention is the magistrate being “satisfied ... there is reasonable ground to believe” the books are material evidence in proposed criminal proceedings.

Practical enforcement risks and burdens:

• For employers, self‑insurers and contractors, the enforcement risk is primarily documentary: failing to maintain records that substantiate remuneration treatment or to comply with Authority forms could result in assessments or recoveries. For those subject to a warrant, obstruction or refusal carries immediate criminal exposure given the cross‑referenced sections in the Act.

In short, the Regulations do not invent new penalties but they create administrative processes and evidentiary templates that facilitate enforcement under the Acts. They provide the Authority with clearer tools to prove payments, to secure books and to allocate costs among contributors to the fund; those powers sit within the Acts’ existing enforcement architecture.

The Regulations are tightly cross‑referenced to the Workplace Injury Rehabilitation and Compensation Act 2013 (the WIRC Act) and the Accident Compensation Act 1985 (the ACA). They also reference Commonwealth and other Victorian statutes in a limited way. The instrument must be read as an implementing statutory rule that supplies details the principal Acts require or permit.

Primary interaction with the WIRC Act and ACA:

• The Regulations are made under s 620 of the WIRC Act (reg 2) and expressly prescribe matters necessary to give effect to both the WIRC Act and the ACA (reg 1). Most provisions are explicitly tied to particular sections or schedule items of the Acts: e.g., the search warrant form is for the purposes of s 558 WIRC Act (reg 5; Schedule 1); certificates under reg 7 relate to s 590 WIRC Act; inquiries and investigations under reg 6 relate to s 586 WIRC Act; the definitions of full‑time worker and pre‑injury average weekly earnings link to s 3 WIRC Act and schedule items in both Acts (regs 8-9); contractor non‑remuneration rules refer to Schedule 1 clause 6(3) and clause 9(5)(c)(i) of Schedule 1 to the WIRC Act (regs 10-11); reimbursement and overseas payment rules reference specific sections in the ACA and the WIRC Act (regs 12-13). The Regulations therefore operate as interpretive and computational rules for provisions of the Acts.

Reference to Commonwealth law:

• Reg 7(2)(a) directs that “provider number” may be the identification number allocated to a practice for the purposes of the Commonwealth Health Insurance Act 1973. Thus, the Regulations link provider identification under the WIRC/ACA administrative processes to the Medicare/Health Insurance administrative regime at Commonwealth level.

Relationship with subordinate legislation processes:

• The endnotes observe the statutory-making details (the Regulations were made under s 620 WIRC Act and will sunset after 10 years under the Subordinate Legislation Act 1994). The Endnotes also incorporate rules about interpretation from the Interpretation of Legislation Act 1984 (ILA) , headings, notes, punctuation and insertion mechanics , which means that schedule headings, examples and notes in the Regulations form part of the Regulation for interpretive purposes (Endnotes, “Interpretation”).

Interaction with evidentiary and criminal processes:

• Schedule 1 cross‑refers to criminal procedure by providing a magistrate order mechanism under s 558(6) to retain books for criminal proceedings. This links the administrative seizure powers to criminal litigation pathways under the Acts and the criminal law more broadly.

Operational discretion and administrative law interplay:

• The Authority has discretion to approve forms (reg 12(2)(a), (c); reg 12(3) requires publication of any approved forms) and to allocate provider numbers where none exist (reg 7(2)(b)). Those administrative decisions will be subject to judicial review principles applicable to decisions under the Acts and administrative law more generally, even though the Regulations do not set out review routes.

No new external regulatory regimes:

• The Regulations do not impose additional licensing or external statutory regimes beyond those already embedded in the WIRC Act and the ACA. They modify the calculation bases for contributions and remuneration assessments and prescribe forms and processes that are used within the existing regulatory architecture.

In effect, the Regulations fill in calculation, evidentiary and procedural detail required to operationalise a distinct set of sections in the WIRC Act and ACA and draw on the Health Insurance Act 1973 for provider identification and on the ILA for interpretive style. They do not create standalone overlap with other licensing regimes but do import Commonwealth identifiers and require the Authority to publish forms that will be the administrative touchpoints for compliance.

The instrument is the successor to earlier subordinate rules and incorporates a clean revocation strategy. The Regulations were made on 21 May 2024 and came into operation on 26 May 2024 (reg 3; Endnote 1). Regulation 4 expressly revokes:

• Workplace Injury Rehabilitation and Compensation Regulations 2014 (S.R. No. 41/2014), and
• Workplace Injury Rehabilitation and Compensation Amendment (Self‑Insurer Contributions) Regulations 2020 (S.R. No. 43/2020).

The Explanatory Details in the Endnotes confirm those cross‑references (Endnotes 3.1-3.2). The Endnotes also state there are no amendments made to the 2024 Regulations (Table of Amendments notes none), which means the text provided is the original and currently only version (Endnotes, Table of Amendments).

Sunset and statutory-making formalities:

• The Endnotes state the Regulations will sunset 10 years after making (21 May 2034) under the Subordinate Legislation Act 1994, unless earlier repealed or remade (Endnote 1). The Regulations were made under s 620 WIRC Act by the Lieutenant‑Governor as the Governor’s deputy, with Executive Council advice, which is the formal process recorded.

Mechanics of replacement:

• The 2024 Regulations replace the 2014 regime and the 2020 self‑insurer amendment, so any practices or calculations previously governed by those instruments are now bound by the 2024 rules. Reg 14 and 15 replace and repurpose the self‑insurer contribution method previously supplied by the 2020 instrument; specifically, reg 14 provides a quarterly formula for contributions until 31 December 2024, while reg 15 signals a policy transition to an annual 25 per cent allocation commencing 1 January 2025.

No subsequent amendments recorded:

• The endnotes explicitly record that, as at the version date, there are no statutory rules, subordinate instruments or Acts amending the 2024 Regulations (Endnote 2, Table of Amendments). That means the reader should treat the text as stable until any future statutory rule alters it.

Interpretive import:

• The Endnotes include interpretive remarks from the Interpretation of Legislation Act 1984, confirming that headings, notes and punctuation form part of the Statutory Rule (Endnotes, “Interpretation”). That affects amendment mechanics as any future changes to subregulations will interact with those style provisions.

For practitioners, the practical implication is that any precedents, administrative practices, or compliance forms developed under prior regulations must be reviewed for compatibility with the 2024 text, and self‑insurers in particular must prepare for the transition in contribution calculation mechanics signalled by regs 14-15.

The Regulations as supplied contain no entries of judicial consideration, case citations or litigation history. The Endnotes include a Table of Amendments that notes there are no subsequent statutory rules or Acts amending the Regulations; they do not list litigation. The instrument itself refers to sections of the WIRC Act and ACA that contain offences and investigatory powers (for example s 558 referred to in reg 5 and Schedule 1), but the Regulations do not record any cases or administrative review outcomes.

Consequently, as of the version date (26 May 2024), there is no litigation history recorded in the regulation text. That means:

• There are no court decisions supplied with the Regulations that interpret the new numerical prescriptions, the contractor percentage schedule, the self‑insurer contribution formulas or the Schedule 1 warrant template.
• Any judicial interpretation of reg 6’s “due care” and “objective” requirement for investigations, the interpretation of what constitutes sufficient evidence of purchase or provision of materials under regs 10-11, or the Authority’s exercise of discretion in approving provider numbers or forms (reg 7, reg 12) is not available in the material provided.

Practitioners should therefore expect that contested points , for example, whether a given contractor arrangement satisfies reg 11(2)(b) to attract the Schedule 2 percentage, or whether the Authority correctly allocated costs into A or D for reg 15 calculations , could be matters for future litigation and, until resolved, will be matters of administrative interpretation and factual evidence. The absence of litigation history in the text underscores the fresh or technical nature of many of these prescriptions and the attendant uncertainty until tribunals or courts address them.

The Regulations contain several drafting choices and numeric prescriptions that create practical traps or friction points for compliance and interpretation. These are concrete mechanics that frequently catch practitioners, payroll officers, and self‑insurers.

Different hour definitions: regs 8 and 9

• The instrument prescribes 35 hours per week as the threshold for a “full‑time worker” for the WIRC Act definition (reg 8) and 38 hours per week for calculating pre‑injury average weekly earnings for specific schedule items in both Acts (reg 9). The two‑hour difference matters for entitlement calculations, entitlements expressed as proportions of weekly earnings and for workers whose contracts or customary hours sit between 35 and 38 hours. Practitioners must not conflate the two numbers; the right number depends on the statutory question being addressed.

Contractor percentages are fixed and conditional

• The percentage allocations in reg 10 and Schedule 2 apply only where the contract payment “includes an amount or amounts for the materials or equipment required” and the contractor “purchases, or has purchased, materials or equipment ... or provides their own” (reg 10(2); reg 11(2)). That threshold is factual. Absent clear purchase or provision records, the percentage cannot be applied. The Schedule gives specific percentages (e.g., architects 5%, resilient floor layers 37%). Practitioners must hold contemporaneous procurement records or risk audits disallowing the non‑remuneration deduction.

Provider number definition and cross‑jurisdictional identification

• Reg 7(2) allows a “provider number” to be the Medicare/Health Insurance Act identification number, or an Authority‑allocated number if none exists. In practice, a provider may have no Commonwealth identifier. The Authority’s allocation process is discretionary and will determine how provider identification appears on certificates. That variability can create mismatches between Commonwealth invoicing systems and Authority documentation.

Overseas worker payments and the Authority’s forms

• Reg 12 requires statements and medical certificates in Authority‑approved forms to be submitted for offshore resident workers seeking payments, and the Authority must publish those forms on its website (reg 12(2)-(3)). If the Authority changes forms, payments might be delayed until a new form is submitted. Also reg 12(4) prescribes payment intervals of 3 months, which implies more frequent medical certificates and administrative burden for long‑term offshore residents.

Self‑insurer contribution methodology transition

• Reg 14 applies a quarterly formula up to 31 December 2024; reg 15 switches to an annual determination equal to 25 per cent of a defined formula from 1 January 2025. The two formulas define different inclusion/exclusion rules for costs (compare reg 14 D with reg 15 A). The post‑2025 formula expressly excludes “services provided by the Authority that self‑insurers or their workers are ineligible to access” (reg 15 A(ii)(D)), a category not present in reg 14. That alters the cost base and thus the contribution amount , self‑insurers must reconcile prior quarters with the new annual basis, including any earlier‑year costs carried forward under reg 15(a)(d). Practical issues include allocation of shared overheads, actuarial services classification and network/compliance costs exclusions listed in regs 14-15.

Certificates and evidence granularity

• Reg 7 permits certificates to include an extensive set of data fields. That is useful but creates a litigation risk if certificates omit key elements (for example provider numbers, invoice dates or claim numbers). The authority to include these items does not compel the Authority to include all of them, so absence of a field on a certificate could become a factual dispute in a recovery or audit.

Warrant execution and property damage acknowledgements

• Schedule 1 provides a template for recording property damage and includes a place for the owner/occupier to acknowledge no damage. If an owner declines to sign, the execution return must record the damage, reasons and signatures. Poorly completed returns can complicate later defence of execution or lead to claims of improper seizure.

Narrow scope of Schedule 2 percentages

• Schedule 2 lists a finite set of trades. If a contractor falls between categories, or provides mixed services, it may be unclear which percentage applies. The table does not address mixed or composite contracts; practitioners must be careful in apportioning contract components and in documenting which parts of a payment are for materials.

Administrative discretion and lack of prescribed templates for some processes

• The Authority has discretion to allocate provider numbers and approve forms (reg 7(2)(b); reg 12(2)(a),(c)), but the Regulations do not stipulate decision timelines or review mechanisms. Delays in form approval or provider number allocation can have practical operating impact.

These “gotchas” are factual and record‑keeping issues more than conceptual pitfalls. They point to where courts, tribunals or audits are most likely to test the new Regulations: hours definitions, contractor status and percentages, self‑insurer cost allocations, and the Authority’s administrative exercise of form and identifier approvals.

Compliance under these Regulations is primarily documentary, computational and procedural. The following practical steps map the principal obligations to observable actions for employers, self‑insurers, contractors and the Authority.

Record and document procurement for contractors

• If a party seeks to apply the non‑remuneration percentages in reg 10 or Schedule 2, maintain contemporaneous purchase invoices, delivery dockets, supplier invoices, and internal records showing the contractor supplied materials/equipment or purchased them. Reg 10(2)(b) and reg 11(2)(b) require proof the materials or equipment were purchased or provided by the contractor; without documentary proof the percentage is at risk. For mixed payments, maintain detailed payment breakdowns showing amounts attributable to materials/equipment versus labour or other services.

Apply the correct hours for each statutory question

• Use 35 hours per week when determining whether a worker is a “full‑time worker” under s 3 WIRC Act (reg 8). Use 38 hours per week when calculating pre‑injury average weekly earnings in the specified schedule items of the ACA and the WIRC Act (reg 9). Ensure payroll systems, templates and calculator spreadsheets encode both numbers correctly and flag which calculation applies to which decision.

Prepare for the self‑insurer contribution transition

• Self‑insurers must provide remuneration and cost data that feed into A, B, C and D aggregates. For the transitional period up to 31 December 2024, the Authority applies a quarterly formula (reg 14). From 1 January 2025, the Authority determines an annual contribution equal to 25 per cent of the formula based on the preceding financial year (reg 15). Self‑insurers should:
  • Audit and categorise costs to map them to the items listed in regs 14-15 (for example, costs referred to in s 513(5)(c),(d),(f),(g),(l) and costs of administering Division 2 of Part 6).
  • Identify costs excluded by reg 14/15 (for example network administration costs, compliance audit costs for premium collection, actuarial services not provided for s 403 purposes) and ensure they are separately accounted for.
  • Maintain documentation justifying the “relevant remuneration” calculation as if the self‑insurer were an employer liable to pay premiums (reg 14 B; reg 15 C). This likely requires payroll equivalent computations and an auditable trail.

Follow Authority‑approved forms and publishing deadlines for offshore payments

• For payments to workers resident overseas, ensure each worker completes the Authority’s approved statement of identity and that a medical practitioner completes the Authority’s approved certificate (reg 12(2)(a)-(c)). Submit the completed forms to the Authority or the self‑insurer (reg 12(2)(d)) and be prepared to repeat the process at three‑month intervals (reg 12(4)). Monitor the Authority’s website for the published current forms (reg 12(3)) and retain copies of submitted documents.

Use and manage certificates of Authority payments

• Where an Authority certificate under s 590 is relevant, expect the certificate to include items listed in reg 7(1). Where you rely on such a certificate to substantiate recoveries, ensure it contains the particular data elements required for the claim (invoice numbers, provider numbers, claim numbers, dates). If no Medicare provider number exists, ask the Authority for its allocated provider number (reg 7(2)(b)).

Comply with warrant execution procedures and expect inspections

• If a warrant is executed under s 558 using Schedule 1, cooperate with the execution process to avoid obstruction offences referenced in the Schedule. Keep contemporaneous copies of books and records and where a seizure occurs, request copies and note the ability to inspect books at reasonable times while copying is underway (Schedule 1 note). If originals are sought for retention for criminal proceedings, expect a magistrate application under s 558(6) (Schedule 1 H).

Ensure timely notifications to the Authority

• When an employer makes a weekly payment that may trigger Authority reimbursement rights under s 114D(3) ACA / s 179(5) WIRC Act, notify the Authority promptly so the 30‑day prescribed period for reimbursement (reg 13) is triggered. Maintain records of certificates of capacity and declarations about employment under s 167 WIRC Act, which the Authority uses to be made aware of entitlements (reg 13 note).

Document procedures to satisfy reg 6 investigatory standard

• The Authority and its agents must conduct inquiries with due care, objectively and with regard for legal rights (reg 6). Establish written policies, training and checklists evidencing adherence to those standards, because procedural compliance will be relevant in any administrative review or judicial challenge.

Audit and reconcile internal systems

• Update payroll, premium and contractor payment systems to encode the contractor percentages, the two different hour figures for distinct statutory questions, and the self‑insurer calculation mechanics. Implement audit trails for each calculation so that data supplied to the Authority is reconcilable to internal ledgers.

Seek clarifications early

• For ambiguous contractor classifications, provider number allocations, or Authority form requirements, seek early written clarification from the Authority and retain that correspondence. Where timing is critical (for example, overseas worker forms or magistrate retention orders), secure confirmations in writing.

In all cases, compliance is driven by record‑keeping and calculation integrity. The Regulations create defined numeric and documentary predicates: maintain auditable evidence to support each statutory position and anticipate Authority scrutiny or warrant‑led seizures by safeguarding and indexing books and copies.