Workplace Injury Rehabilitation and Compensation Regulations 2024
S.R. No. 35/2024
Version as at
26 May 2024
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Revocations 1
Part 2—General 2
5 Form of search warrant 2
6 Inquiries into and investigations of fraud etc. 2
7 Certificates relating to amounts paid or payable by the Authority 2
Part 3—Compensation 5
8 Full-time worker 5
9 Pre-injury average weekly earnings 5
10 Amounts not remuneration—timber contractors 5
11 Amounts not remuneration—contractors 6
12 Payments to worker resident overseas 6
13 Reimbursement 7
Part 4—Self insurance 8
14 Contributions by self-insurers until 31 December 2024 8
15 Contributions by self-insurers from 1 January 2025 10
Schedule 1—Search warrant 14
Schedule 2—Amounts not remuneration—contractors 20
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Endnotes 21
1 General information 21
2 Table of Amendments 23
3 Explanatory details 24
Version No.001
Workplace Injury Rehabilitation and Compensation Regulations 2024
S.R. No. 35/2024
Version as at
26 May 2024
Part 1—Preliminary
1 Objective
The objective of these Regulations is to prescribe matters necessary or permitted to be prescribed to give effect to the Accident Compensation Act 1985 and the Workplace Injury Rehabilitation and Compensation Act 2013.
2 Authorising provision
These Regulations are made under section 620 of the Workplace Injury Rehabilitation and Compensation Act 2013.
3 Commencement
These Regulations come into operation on 26 May 2024.
4 Revocations
The following Regulations are revoked—
(a) the Workplace Injury Rehabilitation and Compensation Regulations 2014[1];
(b) the Workplace Injury Rehabilitation and Compensation Amendment (Self-Insurer Contributions) Regulations 2020[2].
Part 2—General
5 Form of search warrant
For the purposes of section 558 of the Workplace Injury Rehabilitation and Compensation Act 2013, the prescribed form is the form set out in Schedule 1.
6 Inquiries into and investigations of fraud etc.
For the purposes of section 586 of the Workplace Injury Rehabilitation and Compensation Act 2013, an inquiry or investigation must be conducted—
(a) with due care; and
(b) objectively; and
(c) with regard for the legal rights of the person or persons whose activities are being inquired into or investigated.
7 Certificates relating to amounts paid or payable by the Authority
(1) For the purposes of section 590 of the Workplace Injury Rehabilitation and Compensation Act 2013, a certificate may include any of the following that relate to amounts paid or payable by the Authority under that Act—
(a) the nature of the amount;
(b) if the amount is or relates to a weekly payment, the period in relation to which the weekly payment was paid or is payable;
(c) the invoice number, if any;
(d) the date on which any invoice was issued;
(e) the date on which any invoice was received;
(f) the date on which the professional service, if any, was provided;
(g) the nature of the professional service provided, if any;
(h) the name of the payee;
(i) the date on which any cheque was drawn;
(j) the drawer name on any cheque;
(k) the drawer's ADI;
(l) the date on which any cheque was issued;
(m) the date on which any payment was made;
(n) the date on which any amount was directly debited;
(o) the name of the claimant, if any;
(p) the name of the provider of the professional service, if any;
(q) the provider number of any provider;
(r) the address of any provider;
(s) the WorkCover claim number, if any;
(t) the name of the worker, if any;
(u) the date of birth of any worker;
(v) the date on which any injury occurred.
(2) In this regulation, provider number, in relation to the provider of a professional service, means—
(a) the identification number, if any, allocated to the practice of the provider for the purposes of the Health Insurance Act 1973 of the Commonwealth; or
(b) if there is no such identification number, the identification number allocated by the Authority to—
(i) the provider; or
(ii) the practice of the provider.
Part 3—Compensation
8 Full-time worker
For the purposes of the definition of full-time worker in section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013, the prescribed number of hours is 35 hours each week.
9 Pre-injury average weekly earnings
For the purposes of items 3, 5, 6 and 8 of Schedule 1A to the Accident Compensation Act 1985 and items 3, 5, 6 and 8 of Schedule 2 to the Workplace Injury Rehabilitation and Compensation Act 2013, the prescribed number of hours is 38 hours each week.
10 Amounts not remuneration—timber contractors
(1) For the purposes of clause 6(3) of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013, the prescribed percentage is 25 per cent in the circumstances set out in subregulation (2).
(2) For the purposes of subregulation (1), the circumstances are that—
(a) the amount payable under the timber contract includes an amount or amounts for the materials or equipment required for the timber contractor to perform the work under the contract; and
(b) the timber contractor—
(i) purchases, or has purchased, materials or equipment required to perform the work; or
(ii) provides their own materials or equipment for that purpose.
11 Amounts not remuneration—contractors
(1) For the purposes of clause 9(5)(c)(i) of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013, the prescribed percentage is, for a contract specified in Column 1 of the Table in Schedule 2, in the circumstances set out in subregulation (2), the corresponding percentage specified in Column 2 of that Table.
(2) For the purposes of subregulation (1), the circumstances are that—
(a) the amount paid or payable under the contract includes an amount or amounts for the materials or equipment required to provide services under the contract; and
(b) the contractor—
(i) purchases, or has purchased, materials or equipment required to provide the services; or
(ii) provides their own materials or equipment for that purpose.
12 Payments to worker resident overseas
(1) For the purposes of section 97(3) of the Accident Compensation Act 1985 and section 175(4) of the Workplace Injury Rehabilitation and Compensation Act 2013, the prescribed manner is the manner required by subregulation (2).
(2) For the purposes of subregulation (1), the worker must—
(a) complete a statement of identity in a form approved by the Authority; and
(b) submit to an examination by a medical practitioner; and
(c) obtain from the medical practitioner a certificate completed in a form approved by the Authority; and
(d) submit the completed statement and the completed certificate to the Authority or self‑insurer.
(3) The Authority must publish any form approved from time to time for the purposes of subregulation (2)(a) or (c) on its website.
(4) For the purposes of section 97(3) of the Accident Compensation Act 1985 and section 175(4) of the Workplace Injury Rehabilitation and Compensation Act 2013, the prescribed intervals are intervals of 3 months.
Note
See the definition of medical practitioner in section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013. Regarding the meaning of words and expressions in the Accident Compensation Act 1985, see section 5(2) of the Accident Compensation Act 1985.
13 Reimbursement
For the purposes of section 114D(5) of the Accident Compensation Act 1985 and section 179(7) of the Workplace Injury Rehabilitation and Compensation Act 2013, the prescribed period is the period of 30 days after the day on which the Authority is notified that the employer has made a weekly payment referred to in section 114D(3) of the Accident Compensation Act 1985 or section 179(5) of the Workplace Injury Rehabilitation and Compensation Act 2013.
Note
The Authority is made aware of a worker's entitlement to weekly payments by receiving a certificate of capacity and a declaration about employment or other work under section 167 of the Workplace Injury Rehabilitation and Compensation Act 2013.
Part 4—Self insurance
14 Contributions by self-insurers until 31 December 2024
Until 31 December 2024, 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 in accordance with the following formula—
where—
A is the sum of the costs incurred during the preceding quarter that are referred to in section 513(5)(c) and (g) of the Workplace Injury Rehabilitation and Compensation Act 2013 and the costs incurred by the Authority during the preceding quarter in the administration of Division 2 of Part 6 of that Act;
B 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;
C 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 B for all self‑insurers during the preceding financial year;
D is the sum of—
(a) the costs incurred during the preceding quarter that are referred to in the following—
(i) section 513(5)(c) of the Workplace Injury Rehabilitation and Compensation Act 2013;
(ii) section 513(5)(d) of the Workplace Injury Rehabilitation and Compensation Act 2013, other than costs—
(A) directly related to the administration, operation, management and maintenance of the Authority's central computer network that is used by authorised agents; or
(B) related to compliance audits for the collection and recovery of premiums payable under the Workplace Injury Rehabilitation and Compensation Act 2013; or
(C) 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;
(iii) section 513(5)(f) of the Workplace Injury Rehabilitation and Compensation Act 2013;
(iv) section 513(5)(g) of the Workplace Injury Rehabilitation and Compensation Act 2013;
(v) section 513(5)(l) of the Workplace Injury Rehabilitation and Compensation Act 2013; and
(b) the costs incurred by the Authority during the preceding quarter in the administration of Division 2 of Part 6 of the Workplace Injury Rehabilitation and Compensation Act 2013; and
(c) the costs incurred by the Authority in meeting any liability incurred under section 403 of the Workplace Injury Rehabilitation and Compensation Act 2013.
15 Contributions by self-insurers from 1 January 2025
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—
(a) the costs incurred during the preceding financial year that are referred to in the following—
(i) section 513(5)(c) of the Workplace Injury Rehabilitation and Compensation Act 2013;
(ii) section 513(5)(d) of the Workplace Injury Rehabilitation and Compensation Act 2013, other than costs—
(A) directly related to the administration, operation, management and maintenance of the Authority's central computer network that is used by authorised agents; or
(B) related to compliance audits for the collection and recovery of premiums payable under the Workplace Injury Rehabilitation and Compensation Act 2013; or
(C) 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
(D) related to services provided by the Authority that self‑insurers or their workers are ineligible to access;
(iii) section 513(5)(f) of the Workplace Injury Rehabilitation and Compensation Act 2013;
(iv) section 513(5)(g) of the Workplace Injury Rehabilitation and Compensation Act 2013;
(v) section 513(5)(l) of the Workplace Injury Rehabilitation and Compensation Act 2013; and
(b) 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
(c) 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
(d) 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
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—
[Names]
(a) to enter the premises mentioned above (using such force as is necessary for the purpose); and
(b) 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
(c) to take possession of, or secure against interference, any books that appear to be relevant to the purpose specified above; and
(d) 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.
Issued at:
place
by:
signature
on:
date
name
at:
time
Magistrate
RESULT OF SEARCH
A. EXECUTION
Warrant executed
at a.m./p.m. on / /
OR
This warrant is returned unexecuted because—
B. SERVICE
Copy warrant served on— (owner/occupier/person in charge of premises)
of
OR description of person on whom served—
C. PROPERTY DAMAGE
Owner/occupier/person in charge of premises to sign
I acknowledge that no damage has been caused to property in the execution of this warrant.
[If owner/occupier/person in charge of premises is absent or declines to sign, complete "Property damaged" and "Reasons" boxes (including "Nil Damage") where applicable]
OR<br>The following damage was caused to property in the execution of this Warrant:
Property damaged:
Reasons (if known):
Signed:
(owner/occupier/person in charge of premises)
WARNING TO PERSONS ON PREMISES<br>(on Service Copy only)<br>It is an offence under section 558(8) of the Workplace Injury Rehabilitation and Compensation Act 2013, punishable by fine, to obstruct or hinder a person employed or acting in the execution or under the authority of this warrant or aiding or assisting in the execution of this warrant.<br>It is an offence under section 558(9) of the Workplace Injury Rehabilitation and Compensation Act 2013, punishable by fine or imprisonment, to refuse to permit a search or seizure authorised by this warrant.<br>It is an offence under section 558(10) of the Workplace Injury Rehabilitation and Compensation Act 2013, punishable by fine or imprisonment, to assault or attempt to assault a person employed or acting in the execution or under the authority of this warrant or aiding or assisting in the execution of this warrant.
D. BOOKS SEIZED (number each item):<br>If insufficient space, attach additional pages. No. of pages attached:
E. DELIVERY OF BOOKS SEIZED
I delivered these books to—
at a.m./p.m. on / /
F. SIGNATURE OF POLICE OFFICER
Dated:
/ /
Signed:
Name, rank and No.<br>Station and address
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
G. BOOKS TO BE RETAINED FOR CRIMINAL PROCEEDINGS (number each item)<br>If insufficient space, attach additional pages. No. of pages attached:
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—
Name of proposed defendant(s)
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.
Made at:
place
by:
signature
on:
date
name
at:
time
Magistrate
Schedule 2—Amounts not remuneration—contractors
Regulation 11
Table
Column 1<br>Contract
Column 2<br>Percentage
Contract for services of architects
5%
Contract for services of draftspersons
5%
Contract for services of engineers
5%
Contract for services of bricklayers
30%
Contract for services of building supervisors who provide their own vehicles and are required to supervise and inspect more than 6 different building sites each 7-day period
25%
Contract for services of carpenters
25%
Contract for services of carpet layers
25%
Contract for services of computer programmers
5%
Contract for services of driving instructors who provide their own vehicles
30%
Contract for services of fencing contractors
25%
Contract for services of painters
15%
Contract for services of resilient floor layers
37%
Contract for services of roof tilers or slaters
25%
Contract for services of plasterers
20%
Contract for services of cabinet makers
30%
Contract for services of electricians
25%
Contract for services of plumbers<br>Contract for services of wall and floor tilers<br>Contract for services of blind fitters
25%<br>25%<br>25%
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Workplace Injury Rehabilitation and Compensation Regulations 2024, S.R. No. 35/2024 were made on 21 May 2024 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 620 of the Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013 and came into operation on 26 May 2024: regulation 3.
The Workplace Injury Rehabilitation and Compensation Regulations 2024 will sunset 10 years after the day of making on 21 May 2034 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Workplace Injury Rehabilitation and Compensation Regulations 2024 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
Reg. 4(a): S.R. No. 41/2014 as amended by S.R. No. 43/2020. ↑