Workplace Injury Rehabilitation and Compensation Act #workplace #injury #laws

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WorkSafe Victoria

On this page
  1. Introduction
  2. Features of the WIRC Act
  3. How this affects you

The Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act) commenced on 1 July 2014.

The WIRC Act recasts the Accident Compensation Act 1985 and the Accident Compensation (WorkCover Insurance) Act 1993 (AC ACWI Acts) into a single Act that is simpler and easier to use. It reduces the regulatory burden associated with workers compensation legislation. It will make it easier for employers and workers to use the legislation and understand their rights, obligations and responsibilities.

Features of the WIRC Act 2013

Consolidated legislation

The WIRC Act covers the same subject matter as the AC ACWI Acts. Matters regarding compensation, rehabilitation, return to work, dispute resolution, self-insurance, WorkCover insurance, premiums and the administration of the WorkCover scheme, are now all contained in one Act.

Streamlined legislation

Provisions which are related have been grouped together and placed in a more logical order. Some provisions have been re-written to state the existing law more simply and clearly. Provisions which are no longer required have been removed from the legislation and minor anomalies have been corrected.

Visual aids

Flow charts have been included to illustrate various processes and to aid understanding of the legislation.

No change to benefits or premium calculation

The WIRC Act does not change the benefits available to injured workers, nor the way that premiums are calculated.

Claims

There is no change to claims lodgement processes under the WIRC Act. From 1 July 2014, all claims can be made under the new legislation. Claims already made under the Accident Compensation Act 1985 will continue to be dealt with under that legislation.

What this means for you

Workers

Workers will find the new legislation easier to use and understand.

Injured workers

Under the new legislation, injured workers will be entitled to the benefits they are currently entitled to under the Accident Compensation Act 1985. Return to work arrangements will be the same and will be governed by the WIRC Act .

Employers

Employers will find the new legislation easier to use and understand. There is no change to employer rights and obligations in respect to insurance under the WIRC Act. There is also no change in regard to how premium is calculated.

As of 1 July 2014, employers are no longer be required to take out a WorkCover Insurance Policy. Instead they will be required to register with WorkSafe Victoria to be covered by WorkCover insurance. Employers who have a current WorkCover Insurance Policy are automatically registered for premium purposes, as of 1 July 2014.

The WIRC Act introduces a right for employers to seek review of their premium notices at the Victorian Civil and Administrative Tribunal if they are dissatisfied with WorkSafe’s review decision. This right complements the existing right employers have to seek review in the Supreme Court.

Self-insurers

Self-insurance arrangements are the same and are governed under the WIRC Act from 1 July 2014. Existing self-insurance licences and agreements will continue to be valid under the new legislation.

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