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Transcript of Workplace Injury Rehabilitation and Compensation Act FILE/13-67a021.docx  Web viewWorkplace...

Workplace Injury Rehabilitation and Compensation Act 2013

Part 1Preliminary

Workplace Injury Rehabilitation and Compensation Act2013No. 67 of 2013

Version No. 021

Workplace Injury Rehabilitation and Compensation Act2013

No. 67 of 2013

Version incorporating amendments as at1 July 2017

TABLE OF PROVISIONS

SectionPage

i

xxii

Part 1Preliminary1

Division 1Introductory1

1Purpose1

2Commencement2

3Definitions3

4Interpretation provisions27

5Application of this Act to injuries28

6Claims for compensation29

7Matters affecting entitlement to compensation31

8Act binds the Crown32

9Access to information32

Division 2Principles and guides35

10Objectives of Act35

11Statement of rights and obligations of workers36

12Statement of rights and obligations of employers36

13Flow charts37

14Effect of this Division37

Part 2Workplace injuries38

Division 1Injuries38

15Flow chart 1notice of injury38

16Notice to be displayed at workplaces39

17Register of injuries40

18Notice of injury40

19Flow chart 2making a claim43

20Claim for compensation44

21Acknowledgement or notice of claim46

22When claim deemed not to have been made47

23Guidelines for sections 20, 21 and 2248

24Prohibition on recovery of certain costs48

25Medical certificate48

26Worker who does not have a medical certificate49

27Medical examinations49

28Return to work obligations of employers and workers51

Division 2Claims for compensation that may be lodged with Authority51

29Lodging of claims with Authority in certain circumstances51

30Authority may require further information52

31Claims against certain employers52

32Record of employers referred to in section 3153

33Application of Parts 2, 3 and 554

34Recovery by Authority of amount in relation to claim or contribution54

35When application may be made to a court56

36Employer ceasing to exist56

Division 3Entitlement to compensation57

37Entitlement to compensation only if employment connected with Victoria57

38Application to sailors59

39Entitlement to compensation61

40When no entitlement to compensation62

41Pre-existing injury or disease65

42Circumstances in which weekly payments are reduced because of conviction for drink-driving offence66

43Circumstances in which weekly payments are reduced because of conviction for drug-driving offence68

43ACircumstances in which weekly payments are reduced because of combined drink and drug driving offence69

44No entitlement to compensation where conviction for certain serious road traffic offences70

45If conviction or finding of guilt overturned72

46Out of or in the course of employment73

47Compensation for workers injured outside Australia75

48Person not to be compensated twice76

49Entitlement to damages outside Victoria77

50Compensation for disease due to employment79

51Proclaimed diseases80

Division 4Assessment of impairment81

Subdivision 1Preliminary81

52Definitions81

53Application of this Division to Division 5 of Part 5 and Part781

Subdivision 2Assessment in accordance with A.M.AGuides82

54Assessment of impairment82

55When and how to make an assessment of impairment84

56Injury, impairment or symptoms consequential or secondary to physical injury84

Subdivision 3Industrial deafness84

57Compensation for industrial deafness84

58Excluded deafness85

59Industrial deafness deemed to occur at constant rate85

60Assessment of industrial deafness86

61Further diminution of hearing86

62Effect of determination for industrial deafness88

63Assessing degree of impairment of whole person89

Subdivision 4Assessment of psychiatric, asthma and infectious disease impairment92

64Psychiatric impairment92

65Occupational asthma impairment92

66Infectious occupational diseases92

67Guidelines referred to in this Subdivision93

Subdivision 5Assessment of spinal impairment94

68Spinal impairment94

Part 3Compensation and claims95

Division 1Preliminary95

69Definitions95

Division 2Liability and indemnity95

70Liability of Authority and employer95

71Authority to indemnify employer96

72Employer's excess98

Division 3Claims managementGeneral100

73Responsibilities of employer100

74Guidelines105

75Responsibilities of self-insurers and the Authority106

76Notice to include statement of right of review108

Division 4Claims managementEmployer objection109

77Flow chart 3employer objection process109

78Employer may request reasons for decision on a claim110

79Objection by employer in respect of liability110

80Objection lodged out of time111

81Authority may refuse to review a decision to which a claimed employer has objected112

82Withdrawal of lodged objection112

83Request for information and suspension of review113

84Decision following review114

85Appeals116

86Grounds of appeal117

87Hearing of appeal by Supreme Court117

88Costs of worker118

89Position of worker following decision under section84118

90Recovery of payments119

Division 5Liability for payment of compensation120

91Application of Division120

92Liability to pay compensation in respect of an injury arising out of or in the course of any employment on or after 1July 2014120

93Provisions to apply where employer does not meet liabilities120

94Provisions relating to payment of compensation121

95Interim paymentweekly payments122

Part 4Return to work123

Division 1Preliminary123

96Definitions123

97Purpose125

98Application of Part126

99Obligations of employers and workers126

100Section 28 and this Part do not derogate from other provisions126

101Part not to apply in certain circumstances126

Division 2Obligations of employers128

102Flow chart 4return to work obligation of employers128

103Provide employment129

104Plan return to work130

105Consult about the return to work of a worker131

106Return to work co-ordinator to be appointed132

107Make return to work information available135

108Employer to notify Authority of return to work of worker136

109Host to co-operate with labour hire employer136

Division 3Obligations of workers138

110Flow chart 5return to work obligation of workers138

111Participate in planning for return to work139

112Use occupational rehabilitation services139

113Participate in assessments139

114Return to work139

115Participate in an interview140

Division 4Termination of compensation141

116Failure to comply with Division 3141

117Notification of return to work144

Division 5General provisions144

118Resolution of return to work issues144

119Information about the employment obligation period145

120Authority may give direction146

121Compliance code146

122Disallowance of certain compliance code orders147

123Effect of compliance codes148

124Effect of compliance with compliance codes148

125Functions of Authority in respect of compliance codes148

Division 6Return to Work Inspectorate149

126Appointment of inspectors149

127Identity cards149

Division 7Functions and powers of inspectors150

128Interpretation150

129Inspectors subject to Authority's directions150

130Power to enter150

131Announcement on entry150

132Report to be given about entry151

133General powers on entry152

134Powers in relation to obtaining information152

135Return of seized things153

136Power to issue Return to Work improvement notice154

137Directions or conditions in a Return to Work improvement notice156

138Variation or cancellation of Return to Work improvement notice156

139Issue of Return to Work improvement notice156

140Formal irregularity or defect in Return to Work improvement notice158

141Proceedings for offence not affected by Return to Work improvement notice158

142Persons must assist inspector159

143Other assistance in exercising powers159

144Inspector may take affidavits and statutory declarations160

145Inspector may copy documents160

Division 8Offences160

146Offences in relation to inspections160

147Protection of inspectors161

148Offence to impersonate inspector161

Division 9Review of decisions161

149Which decisions are reviewable161

150Internal review162

151Review by VCAT164

Part 5Benefits165

Division 1Preliminary165

152Definitions165

153Definitionpre-injury average weekly earnings167

154Definition applying to pre-injury average weekly earningsrelevant period170

155Definition applying to pre-injury average weekly earningsordinary earnings171

156Definition applying to pre-injury average weekly earnings and current weekly earningsbase rate of pay173

157Definitions applying to pre-injury average weekly earningsearnings enhancement and enhancement period174

158Definition applying to pre-injury average weekly earnings and current weekly e