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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013)

Table of Provisions

PART 1--PRELIMINARY

Division 1--Introductory

  • 1 Purpose  
  • 2 Commencement  
  • 3 Definitions  
  • 4 Interpretation provisions  
  • 5 Application of this Act to injuries  
  • 6 Claims for compensation  
  • 7 Matters affecting entitlement to compensation  
  • 8 Act binds the Crown  
  • 9 Access to information  

Division 2--Principles and Guides

  • 10 Objectives of Act  
  • 11 Statement of rights and obligations of workers  
  • 12 Statement of rights and obligations of employers  
  • 13 Flow charts  
  • 14 Effect of this Division  

PART 2--WORKPLACE INJURIES

Division 1--Injuries

  • 15 Flow chart 1—notice of injury  
  • 16 Notice to be displayed at workplaces  
  • 17 Register of injuries  
  • 18 Notice of injury  
  • 19 Flow chart 2—making a claim  
  • 20 Claim for compensation  
  • 21 Acknowledgement or notice of claim  
  • 22 When claim deemed not to have been made  
  • 23 Guidelines for sections 20, 21 and 22  
  • 24 Prohibition on recovery of certain costs  
  • 25 Medical certificate  
  • 26 Worker who does not have a medical certificate  
  • 27 Medical examinations  
  • 28 Return to work obligations of employers and workers  

Division 2--Claims for compensation that may be lodged with Authority

  • 29 Lodging of claims with Authority in certain circumstances  
  • 30 Authority may require further information  
  • 31 Claims against certain employers  
  • 32 Record of employers referred to in section 31  
  • 33 Application of Parts 2, 3 and 5  
  • 34 Recovery by Authority of amount in relation to claim or contribution  
  • 35 When application may be made to a court  
  • 36 Employer ceasing to exist  
  • 37 Entitlement to compensation only if employment connected with Victoria  
  • 38 Application to sailors  
  • 39 Entitlement to compensation  
  • 40 When no entitlement to compensation  
  • 41 Pre-existing injury or disease  
  • 42 Circumstances in which weekly payments are reduced because of conviction for drink-driving offence  
  • 43 Circumstances in which weekly payments are reduced because of conviction for drug-driving offence  
  • 44 No entitlement to compensation where conviction for certain serious road traffic offences  
  • 45 If conviction or finding of guilt overturned  
  • 46 Out of or in the course of employment  
  • 47 Compensation for workers injured outside Australia  
  • 48 Person not to be compensated twice  
  • 49 Entitlement to damages outside Victoria  
  • 50 Compensation for disease due to employment  
  • 51 Proclaimed diseases  

Division 4--Assessment of impairment

Subdivision 1--Preliminary
  • 52 Definitions  
  • 53 Application of this Division to Division 5 of Part 5 and Part 7  
  • 54 Assessment of impairment  
  • 55 When and how to make an assessment of impairment  
  • 56 Injury, impairment or symptoms consequential or secondary to physical injury  
    • Subdivision 3--Industrial deafness
  • 57 Compensation for industrial deafness  
  • 58 Excluded deafness  
  • 59 Industrial deafness deemed to occur at constant rate  
  • 60 Assessment of industrial deafness  
  • 61 Further diminution of hearing  
  • 62 Effect of determination for industrial deafness  
  • 63 Assessing degree of impairment of whole person  
    • Subdivision 4--Assessment of psychiatric, asthma and infectious disease impairment
  • 64 Psychiatric impairment  
  • 65 Occupational asthma impairment  
  • 66 Infectious occupational diseases  
  • 67 Guidelines referred to in this Subdivision  
    • Subdivision 5--Assessment of spinal impairment
  • 68 Spinal impairment  

PART 3--COMPENSATION AND CLAIMS

Division 1--Preliminary

  • 69 Definitions  

Division 2--Liability and indemnity

  • 70 Liability of Authority and employer  
  • 71 Authority to indemnify employer  
  • 72 Employer's excess  

Division 3--Claims management--General

  • 73 Responsibilities of employer  
  • 74 Guidelines  
  • 75 Responsibilities of self-insurers and the Authority  
  • 76 Notice to include statement of right of review  

Division 4--Claims Management--Employer objection

  • 77 Flow chart 3—employer objection process  
  • 78 Employer may request reasons for decision on a claim  
  • 79 Objection by employer in respect of liability  
  • 80 Objection lodged out of time  
  • 81 Authority may refuse to review a decision to which a claimed employer has objected  
  • 82 Withdrawal of lodged objection  
  • 83 Request for information and suspension of review  
  • 84 Decision following review  
  • 85 Appeals  
  • 86 Grounds of appeal  
  • 87 Hearing of appeal by Supreme Court  
  • 88 Costs of worker  
  • 89 Position of worker following decision under section 84  
  • 90 Recovery of payments  

Division 5--Liability for payment of compensation

  • 91 Application of Division  
  • 92 Liability to pay compensation in respect of an injury arising out of or in the course of any employment on or after 1 July 2014  
  • 93 Provisions to apply where employer does not meet liabilities  
  • 94 Provisions relating to payment of compensation  
  • 95 Interim payment—weekly payments  

PART 4--RETURN TO WORK

Division 1--Preliminary

  • 96 Definitions  
  • 97 Purpose  
  • 98 Application of Part  
  • 99 Obligations of employers and workers  
  • 100 Section 28 and this Part do not derogate from other provisions  
  • 101 Part not to apply in certain circumstances  

Division 2--Obligations of employers

  • 102 Flow chart 4—return to work obligation of employers  
  • 103 Provide employment  
  • 104 Plan return to work  
  • 105 Consult about the return to work of a worker  
  • 106 Return to work co-ordinator to be appointed  
  • 107 Make return to work information available  
  • 108 Employer to notify Authority of return to work of worker  
  • 109 Host to co-operate with labour hire employer  

Division 3--Obligations of workers

  • 110 Flow chart 5—return to work obligation of workers  
  • 111 Participate in planning for return to work  
  • 112 Use occupational rehabilitation services  
  • 113 Participate in assessments  
  • 114 Return to work  
  • 115 Participate in an interview  

Division 4--Termination of compensation

  • 116 Failure to comply with Division 3  
  • 117 Notification of return to work  

Division 5--General provisions

  • 118 Resolution of return to work issues  
  • 119 Information about the employment obligation period  
  • 120 Authority may give direction  
  • 121 Compliance code  
  • 122 Disallowance of certain compliance code orders  
  • 123 Effect of compliance codes  
  • 124 Effect of compliance with compliance codes  
  • 125 Functions of Authority in respect of compliance codes  

Division 6--Return to Work Inspectorate

  • 126 Appointment of inspectors  
  • 127 Identity cards  

Division 7--Functions and powers of inspectors

  • 128 Interpretation  
  • 129 Inspectors subject to Authority's directions  
  • 130 Power to enter  
  • 131 Announcement on entry  
  • 132 Report to be given about entry  
  • 133 General powers on entry  
  • 134 Powers in relation to obtaining information  
  • 135 Return of seized things  
  • 136 Power to issue Return to Work improvement notice  
  • 137 Directions or conditions in a Return to Work improvement notice  
  • 138 Variation or cancellation of Return to Work improvement notice  
  • 139 Issue of Return to Work improvement notice  
  • 140 Formal irregularity or defect in Return to Work improvement notice  
  • 141 Proceedings for offence not affected by Return to Work improvement notice  
  • 142 Persons must assist inspector  
  • 143 Other assistance in exercising powers  
  • 144 Inspector may take affidavits and statutory declarations  
  • 145 Inspector may copy documents  

Division 8--Offences

  • 146 Offences in relation to inspections  
  • 147 Protection of inspectors  
  • 148 Offence to impersonate inspector  

Division 9--Review of decisions

PART 5--BENEFITS

Division 1--Preliminary

Division 2--Weekly payments

Subdivision 1--General
  • 160 Compensation in weekly payments [  
  • 161 Weekly payments in first entitlement period  
  • 162 Weekly payments in second entitlement period  
  • 163 Weekly payments after the second entitlement period  
  • 164 Compensation for incapacity arising from surgery after second entitlement period  
  • 165 Continuation of weekly payments after second entitlement period  
  • 166 Entitlement under section 165 not affected by certain circumstances  
  • 167 Certificates of capacity for work  
    • Subdivision 2--Superannuation contributions
  • 168 Compensation in the form of superannuation contributions  
    • Subdivision 3--Compensation after retirement
  • 169 Injury after retirement  
  • 170 Compensation for incapacity arising after retirement age  
  • 171 Compensation after retirement  
    • Subdivision 4--Effect of certain pensions on weekly payments
  • 172 Effect of disability or other pensions and lump sums on weekly payments  
  • 173 Notification of entitlement to certain payments  
    • Subdivision 5--Provisions relating to the payment of compensation
  • 174 Regard not to be had to certain contracts etc.  
  • 175 Absence from Australia  
  • 176 Further provisions concerning compensation  
  • 177 Sentences of imprisonment  
  • 178 Time for payment  
  • 179 Payment of weekly payments  

Division 3--Alteration or termination of weekly payments and superannuation contributions

  • 180 Application of Division  
  • 181 Application by worker to alter amount of weekly payments  
  • 182 Authority or self-insurer may terminate or alter weekly payments  
  • 183 Grounds for alteration or termination of weekly payments  
  • 184 Grounds for alteration or termination of superannuation contributions  
  • 185 Where worker's weekly payments are reduced  
  • 186 Termination or alteration of weekly payments under certain provisions  
  • 187 When termination of compensation in the form of superannuation contributions has effect  
  • 188 Notices  
  • 189 When a required period of notice must be given  
  • 190 Reduction of weekly payments after the first entitlement period  
  • 191 Termination of weekly payments after expiry of second entitlement period  
  • 192 Notice of reduction of weekly payments  
  • 193 Outstanding weekly payments  
  • 194 Outstanding superannuation contributions  
  • 195 Flow chart 6—impairment benefits process  
  • 196 Definitions  
  • 197 Claims for compensation under Division 5  
  • 198 Division 5 claim cannot be made unless all proceedings under section 328(2)(b) have been determined  
  • 199 Initiation of claim by Authority or self-insurer  
  • 200 Authority may suspend a claim  
  • 201 Authority or self-insurer to accept or reject claim  
  • 202 No proceedings by worker in relation to rejection of liability without certificate of Conciliation Officer  
  • 203 Assessment of impairment  
  • 204 Written statement of injuries  
  • 205 Worker to advise Authority or self-insurer of worker's acceptance or dispute of decision as to liability under section 201(1)  
  • 206 Variation by court or by agreement of decision under section 201(1)(a)  
  • 207 Reference of dispute under section 205(3)(a) or 206(3)(a) to Medical Panel  
  • 208 No appeal from certain determinations and opinions  
  • 209 Minister may give directions  

Division 5--Compensation for non-economic loss

  • 210 Definitions  
  • 211 Compensation for non-economic loss—permanent impairment  
  • 212 Compensation for non-economic loss—permanent psychiatric impairment  
  • 213 Compensation for non-economic loss—industrial deafness in respect of further injury  
  • 214 Compensation for non-economic loss-—loss of foetus  
  • 215 Injuries by gradual process other than industrial deafness  
  • 216 Effect of payment of compensation under this Division  
  • 217 Limits on compensation  
  • 218 Compensation not payable after death of worker  
  • 219 Compensation not to exceed relevant maximum  
  • 220 Payment of compensation as lump sum  
  • 221 No Disadvantage—Compensation Table  

Division 6--Rehabilitation services prior to acceptance of claim

  • 222 Authority or self-insurer may pay for rehabilitation service  

Division 7--Compensation for medical and like services

  • 223 Definitions  
  • 224 Liability of Authority and self-insurer  
  • 225 Where services provided by employer  
  • 226 To whom compensation under this Division is to be paid  
  • 227 Certain actions etc. not permitted  
  • 228 Medical and like services outside Australia  
  • 229 Compensation not payable for certain accommodation etc.  
  • 230 Occupational rehabilitation services  
  • 231 Modification of cars and homes  
  • 232 Duration of compensation under this Division  
  • 233 Termination of payment for professional services obtained fraudulently  

Division 8--Compensation for death of worker

  • 234 Definitions  
  • 235 How compensation for death of worker determined  
  • 236 Dependants  
  • 237 Dependent children and partners and partially dependent partner  
  • 238 Certain compensation payable to trustee  
  • 239 Interest payable [  
  • 240 Reimbursement of expenses incurred by non-dependent family members of a deceased worker  
  • 241 Weekly pensions for dependants of worker who dies  
  • 242 Payment of weekly pensions  
  • 243 Provisional payments  

Division 9--Voluntary settlements

Subdivision 1--Settlements in specific circumstances
  • 244 To whom this Subdivision applies  
  • 245 Right to apply for settlement  
  • 246 Amount of settlement  
    • Subdivision 2--Other settlements
  • 247 Application of this Subdivision  
  • 248 Right to apply for settlement  
  • 249 Amount of settlement  
  • 250 Order in Council concerning settlements  
    • Subdivision 3--Application procedure
  • 251 Expression of interest must first be given  
  • 252 Authority or self-insurer must respond to expression of interest  
  • 253 Application for settlement  
  • 254 Time limit for making applications  
  • 255 Authority or self-insurer must respond to application  
  • 256 Time limit on response to offer  
  • 257 Payment and nature of settlement amounts  
  • 258 Adjustment of settlement amount offers  
  • 259 Worker may withdraw application at any time  
  • 260 Circumstances in which offer may be withdrawn or settlement avoided  
  • 261 Preclusion of further claims  
  • 262 Authority or self-insurer may extend or waive time limits  
  • 263 Minister may give directions  

PART 6--DISPUTE RESOLUTION

Division 1--Jurisdiction

  • 264 Jurisdiction—general  
  • 265 Jurisdiction under Workers Compensation Act 1958  
  • 266 Jurisdiction of Magistrates' Court  
  • 267 Application of this Act to the Magistrates' Court  
  • 268 Certain evidence given in a conciliation inadmissible in certain proceedings  
  • 269 Evidence relating to worker's claim  
  • 270 Protection of information given to Medical Panel  
  • 271 Admissibility of certificates of Medical Panel  
  • 272 Certain persons not compelled to give evidence  
  • 273 Certain proceedings referred for conciliation  
  • 274 Medical questions  
  • 275 Court may state a question regarding factual issues before referring a medical question to a Medical Panel  
  • 276 Court to give copies of documents to parties  
  • 277 Copies of Medical Panel's opinion  
  • 278 Costs  
  • 279 Costs liability of legal practitioner  
  • 280 Flow chart 7—dispute resolution process if a worker disagrees with a decision  
  • 281 Definitions  
  • 282 Lodging of disputes  
  • 283 Power of Senior Conciliation Officer to allow lodging of dispute  
  • 284 Conciliation officer may seek opinion of a Medical Panel on medical question  
  • 285 Referral of medical question relating to section 165 of this Act or section 93CD of the Accident Compensation Act 1985  
  • 286 Production and disclosure of information  
  • 287 Representation by legal practitioner  
  • 288 Information from provider of medical service or other service  
  • 289 Costs of reports by registered health practitioners  
  • 290 Conciliation without conference  
  • 291 Power to request or release documents etc.  
  • 292 Offence to make false or misleading statement  
  • 293 Duty of Conciliation Officers  
  • 294 Powers of Conciliation Officers  
  • 295 Offence not to comply with direction  
  • 296 Outcome certificates to be issued  
  • 297 Conciliation Officer may give directions about payment of compensation  
  • 298 Genuine disputes about liability for compensation referred to in section 297(1) and (2)  
  • 299 Revocation of directions of Conciliation Officer  
  • 300 Payments under direction etc. not admission of liability  
  • 301 Costs  

Division 3--Medical Panels

  • 302 Function of Medical Panel  
  • 303 Procedures and powers  
  • 304 Reference of medical question  
  • 305 Convenor to convene Medical Panel  
  • 306 When opinion on medical question may not be given  
  • 307 What a Medical Panel may ask a worker to do  
  • 308 Examination by Medical Panel  
  • 309 If worker unreasonably refuses to comply with request under section 307  
  • 310 Attendance before Medical Panel to be in private  
  • 311 Medical Panel can ask provider of medical service to attend  
  • 312 Medical Panel may request further information  
  • 313 Opinions  

Division 4--Determination by courts and recognition of determinations

PART 7--ACTIONS AND PROCEEDINGS FOR DAMAGES

Division 1--Choice of Law

  • 318 Claims to which this Division applies  
  • 319 The applicable substantive law for work injury damages claims  
  • 320 What constitutes injury and employment and who is employer  
  • 321 Claim in respect of death included  
  • 322 Meaning of substantive law  
  • 323 Availability of action in another State not relevant  

Division 2--Actions for damages

  • 324 Flow chart 8—common law process  
  • 325 Definitions  
  • 326 Actions for damages  
  • 327 Actions for damages—serious injury  
  • 328 Proceedings under this Division  
  • 329 Medical examination  
  • 330 Authority or self-insurer to respond to application  
  • 331 Response by applicant  
  • 332 Certain material not admissible in proceedings  
  • 333 Conference before proceedings commence  
  • 334 Statutory offer and counter offer  
  • 335 Proceedings for damages for serious injury  
  • 336 Finding on an application does not give rise to issue estoppel  
  • 337 Authority may consent to bringing of proceedings  
  • 338 No further application allowed  
  • 339 Worker not entitled to recover damages for same injury despite review of degree of impairment  
  • 340 Proceedings—limitations on awards  
  • 341 Jury not to be informed of certain matters  
  • 342 Limitation on damages in respect of pecuniary loss  
  • 343 Judgments, order for damage, settlement or compromise to be reduced by certain amounts of compensation paid  
  • 344 Costs  
  • 345 Present value of future loss to be qualified  
  • 346 Limitation on award of interest on an amount of damages  
  • 347 When Authority, employer and self-insurer cease to be liable to pay weekly payments  
  • 348 Determination of serious injury application after death of worker  
  • 349 Calculation of limitation of actions period within which proceedings may be commenced  
  • 350 Division not to affect date of accrual of cause of action  
  • 351 Effect of decision on application  
  • 352 Directions  
  • 353 Legal practitioner may recover costs  
  • 354 Legal costs order  
  • 355 Litigated claims legal costs order—workers  
  • 356 Litigated claims legal costs order—Authority and self-insurers  

Division 3--Actions by terminally ill workers or workers with asbestos-related conditions

  • 357 Actions by terminally ill workers or workers with asbestos related conditions  
  • 358 Actions by terminally ill workers continued after death of worker  
  • 359 Certain funds to be administered by trustee  

Division 5--Conduct of common law proceedings

  • 360 Definitions  
  • 361 Application of Division  
  • 362 Apportionment of liability  
  • 363 Notice of proceedings  
  • 364 Conduct of defence  
  • 365 Order for apportionment of liability  

Division 6--Other actions and rights

  • 366 Damages under Part III of Wrongs Act 1958  
  • 367 Liability of Transport Accident Commission  
  • 368 Settlement between Transport Accident Commission and the Authority  
  • 369 Indemnity by third party  
  • 370 Substantive law  
  • 371 Compensation for pain and suffering  

PART 8--SELF-INSURERS

Division 1--General

  • 372 Definitions  
  • 373 Student workers  
  • 374 Municipal Association of Victoria as self-insurer  

Division 2--Application for approval as self-insurer

  • 375 Determination of eligibility to apply for approval as self-insurer  
  • 376 Application for approval as self-insurer  
  • 377 Estimated relevant remuneration  
  • 378 Adjustment of application fee  

Division 3--Approval as self-insurer

  • 379 Approval as self-insurer  
  • 380 Terms and conditions of approval  
  • 381 Notice to be given to employer if application refused  
  • 382 Period that approval has effect  
  • 383 Approval of new holding company as self-insurer  
  • 384 Review of approval  
  • 385 Revocation of approval  
  • 386 Cost associated with revocation recoverable from employer  
  • 387 Non-WorkCover employer ceases to be a self-insurer  

Division 4--Contributions to WorkCover Authority Fund

  • 388 Payment of contribution  
  • 389 Submission of return by self-insurer  

Division 5--Review of contributions by self-insurers

  • 390 Review of contributions  

Division 6--Liability for claims for compensation

Subdivision 1--Liability of self-insurer
  • 391 Self-insurer's liability to pay compensation  
  • 392 Claims management  
  • 393 Liabilities of self-insurer to be guaranteed  
  • 394 Payments by Authority  
    • Subdivision 2--Election by self-insurer to assume liability for tail claims
  • 395 Movement from scheme insurance to self-insurance  
  • 396 When a self-insurer becomes an eligible subsidiary of a holding company  
  • 397 When an employer that is a body corporate becomes an eligible subsidiary of a self-insurer  
  • 398 When a self-insurer becomes an eligible subsidiary of another self-insurer  
  • 399 Guarantee of liability for tail claims  
  • 400 Requirement for guarantee  
  • 401 Arrangements for payments in respect of liability for tail claims  
  • 402 Where an eligible subsidiary ceases to be an eligible subsidiary of a self-insurer  
    • Subdivision 3--Employer that ceases to be self-insurer or otherwise to be liable for tail claims
  • 403 Employer ceases to be self-insurer  
  • 404 General provisions applying to assessment by an actuary  
  • 405 Initial assessment of liability for tail claims  
  • 406 Annual assessment of tail claims liabilities and adjustment of payments  
  • 407 Provision of guarantees  
  • 408 Review of final revised assessment at the end of the liability period  
  • 409 Eligible subsidiary of self-insurer becomes a non-WorkCover employer  

Division 7--Miscellaneous

  • 410 Guidelines  
  • 411 Effect of guidelines  
  • 412 Secrecy provisions  

PART 9--NON-WORKCOVER EMPLOYERS

  • 413 Definitions  
  • 414 Authority retains or assumes liability for tail claims  
  • 415 Actuary to assess tail claims liabilities  
  • 416 Obligation of non-WorkCover employer  
  • 417 Annual assessment of tail claims liabilities  
  • 418 Adjustment of payments as at the end of the third year  
  • 419 Adjustment of payments as at the end of the sixth year  
  • 420 Payments of tail claims  
  • 421 Provision of guarantees  
  • 422 Provision of new guarantee  
  • 423 Recovery under guarantees  
  • 424 Review of final revised assessment at the end of the liability period  
  • 425 Liability of Authority under this Part  
  • 426 Legal proceedings excluded  
  • 427 Application of Part if non-WorkCover employer ceases to be a non-WorkCover employer  
  • 428 Failure to comply with a provision of this Part  

PART 10--PREMIUMS AND REGISTRATION OF EMPLOYERS

Division 1--Preliminary

  • 429 Application  
  • 430 Liability to pay premium  
  • 431 Groups  
  • 432 Joint and several liability of group members  
  • 433 Flow chart 9—registration of employer  
  • 434 Registration of employers  
  • 435 Statutory contract of insurance  
  • 436 Registered employer to notify change of circumstances  
  • 437 Evidence that employer is registered under this Part  
  • 438 Books and accounts to be preserved  
  • 439 Employer to give estimate of rateable remuneration  
  • 440 Authority may estimate rateable remuneration of employer  
  • 441 Certified statement of rateable remuneration  
  • 442 Employer to give certified statement  
  • 443 Revised estimates of rateable remuneration  
  • 444 Where employer fails to provide accurate information about rateable remuneration  
  • 445 Worker employed under Transport Accident Commission program  
  • 446 Superannuation benefits and calculation of premiums  
  • 447 Flow chart 10—Determination of premium process  
  • 448 Premiums order  
  • 449 Authority may give notice of premium  
  • 450 Premium payable where employer not registered for whole of premium period  
  • 451 Adjustment of premium in certain circumstances  
  • 452 Default penalty  
  • 453 Payment and recovery of penalties  
  • 454 Late payment penalty  
  • 455 Default penalty where failure to provide full and true disclosure  
  • 456 Application for refund of premium  
  • 457 Premium avoidance schemes  
  • 458 Proceedings not to be brought  

Division 5--Premium review

  • 459 Flow chart 11—premium review process  
  • 460 Definitions  
  • 461 Employer may apply for review of a reviewable amount under this Division  
  • 462 Time for making, and form of, application for review  
  • 463 Application for review made out of time  
  • 464 Authority may decline application for review  
  • 465 Withdrawal of application for review  
  • 466 Time period for review  
  • 467 Request for information and suspension of review  
  • 468 Determination of review  
  • 469 Payments following review of reviewable amount  
  • 470 Interest payable following review of reviewable amount  
  • 471 Deemed determinations of the Authority  

Division 6--provides a right of review or appeal within 60 days after a deemed determination has effect.

  • 472 Review of premium by Authority at its discretion  
  • 473 Adjustment of premium after review  
  • 474 Application of adjustment powers under section 473  
  • 475 Recovery of increased premium  
  • 476 Refund of premium may be offset  
  • 477 Exercise of review and adjustment powers  

Division 6--Review by VCAT and appeal to Supreme Court

  • 478 Right of review and appeal  
  • 479 Request for further and better particulars  
  • 480 Payment of fee or filing fee before review or appeal  
  • 481 Authority to lodge material  
  • 482 Grounds of review  
  • 483 Onus on review or appeal  
  • 484 Review by VCAT  
  • 485 Supreme Court appeals  
  • 486 Authority to give effect to decision on review  
  • 487 If no appeal from a decision or order  
  • 488 Recovery of premium or penalty  
  • 489 Evidence  

Division 8--Reviews by Minister

  • 490 Review of setting of premiums  

PART 11--THE VICTORIAN WORKCOVER AUTHORITY

Division 1--Constitution

  • 491 The Authority  
  • 492 Objectives of the Authority  
  • 493 Functions of the Authority  
  • 494 Powers of the Authority  
  • 495 Accountability of the Authority  
  • 496 Guidelines, forms and advisory practice notes  
  • 497 Power to give advice on compliance  
  • 498 Chief Executive Officer  
  • 499 Officers and employees  
  • 500 Delegation  
  • 501 Authorised agents  
  • 502 Establishment of Board  
  • 503 Constitution of Board  
  • 504 Execution of documents  
  • 505 Judicial notice of signatures  
  • 506 Directors generally  
  • 507 Acting Directors  
  • 508 Vacancy, resignation and termination  
  • 509 Chairperson  
  • 510 Meetings of the Board  
  • 511 Pecuniary interests of Directors  

Division 3--WorkCover Advisory Committee

  • 512 WorkCover Advisory Committee  

Division 4--Financial matters

  • 513 WorkCover Authority Fund  
  • 514 Borrowing powers  
  • 515 Repayment of capital  
  • 516 Dividends  
  • 517 Budget  
  • 518 Operating and financial report  

PART 12--OTHER BODIES

Division 1--Accident Compensation Conciliation Service

  • 519 Conciliation Service  
  • 520 Constitution of the Conciliation Service  
  • 521 Function  
  • 522 Powers  
  • 523 Appointment of Senior Conciliation Officer and Conciliation Officers  
  • 524 Acting Senior Conciliation Officer  
  • 525 Engagement of Conciliation Officers and staff  
  • 526 Protection against liability for Conciliation Officers  
  • 527 Functions of the Senior Conciliation Officer  
  • 528 Minister may make guidelines  
  • 529 Senior Conciliation Officer may give directions  
  • 530 Data to be collected by the Senior Conciliation Officer  
  • 531 Vacancy and resignation  
  • 532 Senior Conciliation Officer may advise removal or suspension from office  
  • 533 Removal from office by Governor in Council  
  • 534 Conciliation Service budget  
  • 535 Authority to fund the Service  
  • 536 Signature  

Division 2--Medical Panels

  • 537 Establishment and constitution  
  • 538 Term, resignation and termination  
  • 539 Advisory functions  
  • 540 Validity of acts or decisions  
  • 541 Protection for Convenor and members of a Medical Panel  

PART 13--GENERAL

Division 1--Indexation

  • 542 Indexation—weekly payments  
  • 543 Indexation of weekly pensions for dependants of a worker who dies  
  • 544 Indexation of certain amounts—according to average weekly earnings  
  • 545 Indexation of certain amounts—consumer price index  
  • 546 Indexation—no reduction  
  • 547 Indexation—rounding  

Division 2--Agreements

  • 548 Reciprocal agreements—compensation  
  • 549 Reciprocal agreements—premiums or other amounts  
  • 550 Reciprocal agreements—relevant services  
  • 551 Incentive agreements to improve employer performance  

Division 3--Access to information

  • 552 Power to obtain information and evidence  
  • 553 Powers of inspection  
  • 554 Offences  
  • 555 Access to police records  
  • 556 Court to provide certificate of conviction  
  • 557 VicRoads may disclose information to Authority  

Division 4--Issue of search warrants

  • 558 Issue of search warrants  

Division 5--Prohibited conduct relating to touting for claims

  • 559 Definitions  
  • 560 Prohibited conduct by agents  
  • 561 Offence of engaging in prohibited conduct  
  • 562 Consequences of prohibited conduct for recovery of fees by agents  
  • 563 Consequences of prohibited conduct for legal practitioners  
  • 564 Legal practitioner and agents can be requested to certify as to prohibited conduct  
  • 565 Power to restrict or ban recovery of costs by agents who engage in prohibited conduct  
  • 566 Power to restrict or ban agents who engage in prohibited conduct  
  • 567 Duty of claimants to comply with requests for information about agents and legal practitioners  

Division 6--Regulation of providers of professional services

  • 568 Suspension of payments for services  
  • 569 Effect of disqualifying offence  
  • 570 Conduct of service providers  
  • 571 Findings of relevant bodies  
  • 572 Notice to be given before determination made  
  • 573 Authority may publish list of providers subject to disciplinary action  
  • 574 Victorian Civil and Administrative Tribunal  

Division 7--Discriminatory conduct

  • 575 Offence to engage in discriminatory conduct  
  • 576 Order for damages or reinstatement  
  • 577 Procedure if prosecution is not brought under section 575  
  • 578 Civil proceedings relating to discriminatory conduct  
  • 579 Effect of orders on other orders under section 575, 576 or 578  
  • 580 Claims under section 576 or 578  

Division 8--Offences

Subdivision 1--Fraud, bribery and false information
  • 581 Fraud  
  • 582 Bribery  
  • 583 False or misleading information  
  • 584 False or misleading statements  
  • 585 False information  
  • 586 Investigations  
  • 587 Indemnity  
    • Subdivision 2--Other offences
  • 588 Unauthorised use of information  
  • 589 Obstructing officers  

Division 9--Miscellaneous

  • 590 Certificate  
  • 591 State taxation officer  
  • 592 Signature  
  • 593 Service of documents by the Authority  
  • 594 Service of documents on the Authority  
  • 595 Secrecy provisions  
  • 596 Liability of premium adviser  
  • 597 Protection against self-incrimination  
  • 598 Legal professional privilege and client legal privilege not affected  
  • 599 Refunding money to the Authority etc.  
  • 600 Imputing conduct of bodies corporate  
  • 601 Criminal liability of officers of bodies corporate—failure to exercise due diligence  
  • 602 Responsible agency for the Crown  
  • 603 Proceedings against successors to public bodies  
  • 604 Undertakings  
  • 605 Adverse publicity orders  

Division 10--Prosecutions

  • 606 Institution of prosecutions under Part 4  
  • 607 Return to work—procedure if prosecution is not brought  
  • 608 Institution of prosecutions  
  • 609 Directions given by the Minister  
  • 610 Directions given for the purposes of Part 4  
  • 611 Guidelines made by the Minister  
  • 612 Guidelines made by the Authority  

Division 12--The Authority and the IBAC

  • 613 Mandatory notification of corrupt conduct to IBAC  
  • 614 Consultation prior to notification  
  • 615 Communication of information to the IBAC  
  • 616 Authority not to prejudice investigations of the IBAC  

Division 13--Section 85 provisions

  • 617 Supreme Court—limitation of jurisdiction—conferral of exclusive jurisdiction  
  • 618 Supreme Court—limitation of jurisdiction—no proceedings  
  • 619 Proceedings  

Division 14--Regulations

Division 15--Savings, Repeal and Transitionals

PART 14--AMENDMENTS AND REPEALS

Division 1--Accident Compensation Act 1985

Division 3--Amendment of other Acts

Division 4--Repeal of Part 14 and Schedule 9

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