WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013

Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 3

Definitions

In this Act—

"accounting records" has the same meaning as it has in section 3 of the Financial Management Act 1994 ;

S. 3 def. of ACCS inserted by No. 73/2016 s. 11(1)(a).

ACCS means the Accident Compensation Conciliation Service established under section 519;

A.M.A Guides means the American Medical Association's Guides to the Evaluation of Permanent Impairment (Fourth Edition) (other than Chapter 15) as modified by this Act and the regulations;

"ambulance service" means the conveying of a worker by any reasonable means—

(a) for the purpose of receiving medical or hospital services; or

(b) to the worker's place of residence after receiving medical or hospital services;

"applicable prescribed percentage", in relation to the amount paid or payable to a class of worker, means the percentage of remuneration prescribed by the regulations as not being attributable to the performance of work by a worker of that class;

"apprentice", except in clause 17 of Schedule 1, means an apprentice within the meaning of the Education and Training Reform Act 2006 ;

S. 3 def. of Arbitration Officer inserted by No. 15/2021 s. 4(a).

"Arbitration Officer" means an Arbitration Officer holding office under section 531;

"authorised agent" means a person appointed by the Authority under section 501 as an authorised agent;

Authority means the Victorian WorkCover Authority continued in existence by section 491(1);

"Board" means the Board of Management of the Authority;

"books" includes any document;

Note

See the definition of document in section 38 of the Interpretation of Legislation Act 1984 .

S. 3 def. of Conciliation Officer amended by No. 73/2016 s. 11(1)(b), substituted by No. 15/2021 s. 4(b).

"Conciliation Officer" means a Conciliation Officer holding office under section 531;

S. 3 def. of Conciliation Service substituted by No. 73/2016 s. 11(1)(c).

"Conciliation Service" means the Accident Compensation Conciliation Service established under section 52A of the Accident Compensation Act 1985 as
in force immediately before 1 July 2014;

"Convenor" means the Convenor of Medical Panels appointed under section 537;

"corresponding Authority" means a Government department or a statutory authority
of the Commonwealth Government, or of the Government of another State or of a Territory, that is responsible for administering a law corresponding to this Act, the Occupational Health and Safety Act 2004 , the Dangerous Goods Act 1985 or the Equipment (Public Safety) Act 1994 ;

corrupt conduct has the meaning given in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011 ;

current weekly earnings has the meaning given by section 152 ;

"current work capacity", in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment;

"declared training program" means a training program in respect of which a declaration under clause 2 of Schedule 1 is in force;

"dependant" means a person who—

(a) at the time of the death of a worker was wholly, mainly or partly dependent on the earnings of the worker; or

(b) would, but for the incapacity of a worker due to an injury, have been wholly, mainly or partly dependent on the earnings of the worker;

"disease" includes—

(a) any physical or mental ailment, disorder, defect or morbid condition whether of sudden or gradual development; and

(b) the aggravation, acceleration, exacerbation or recurrence of any pre‑existing disease;

"domestic partner "of a person, means —

(a) a person who is in a registered domestic relationship within the meaning of the Relationships Act 2008 with the person; or

(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender), taking into account all the circumstances of their relationship, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case;

"drive" includes to be in control, or in charge, of a motor vehicle;

S. 3 def. of eligible progressive disease inserted by No. 10/2022 s. 56.

"eligible progressive disease" means a disease that is declared to be an eligible progressive disease by Order made under section 51A;

eligible subsidiary has the meaning given by section 372 ;

"employer" includes—

(a) a person—

(i) for whom a worker works; or

(ii) with whom a worker agrees to perform work—

at the person's direction, instruction or request, whether under a contract of employment (whether express, implied, oral or in writing) or otherwise; and

(b) a person who is deemed to be an employer under this Act; and

(c) if the services of a worker are temporarily lent or let on hire to another person by, or with the consent of, the person with whom the worker has entered into a contract of employment or apprenticeship or otherwise, the last mentioned person, while the worker is working for that other person; and

(d) the legal personal representative of an employer who is dead;

employer superannuation contribution means any contribution made by an employer in respect of a worker to any scheme or fund for the payment of superannuation, retirement or death benefits including a contribution made by an employer on behalf of the worker under a salary sacrifice agreement or arrangement but excluding—

(a) any contribution in respect of a worker that is not made for the purposes of avoiding a liability on an employer under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and

(b) any contribution in respect of a worker which is not made for the purposes of discharging an obligation on an employer under—

(i) an industrial award; or

(ii) a public sector superannuation scheme, agreement or arrangement; or

(iii) any other Commonwealth or State law relating to superannuation; and

(c) any contribution, made by an employer in respect of a worker under a salary sacrifice agreement or arrangement, of a kind or class specified by the Minister by an Order published in the Government Gazette;

"exemption limit", in relation to a financial year, means the amount prescribed in the premiums order in respect of that financial year for the purposes of clause 20(3)(d) of Schedule 1;

first entitlement period has the meaning given by section 152 ;

"fringe benefit "has the same meaning as in the Fringe Benefits Tax Assessment Act 1986 of the Commonwealth but does not include anything that is prescribed by the regulations not to be a fringe benefit for the purposes of this definition;

"full-time worker" means a worker who is employed for at least the normal number of hours fixed in any industrial award applicable to the worker or, if there is no applicable award, the prescribed number of hours;

"heart attack injury" means an injury to the heart, or any blood vessel supplying or associated with the heart, that consists of, is caused by, results in or is associated with any of the following—

(a) any heart attack;

(b) any myocardial infarction;

(d) any angina, whether unstable or otherwise;

(e) any fibrillation, whether atrial, ventricular or otherwise;

(f) any arrhythmia of the heart;

(g) any tachycardia, whether ventricular, supra ventricular or otherwise;

(h) any harm or damage to such a blood vessel or to any associated plaque;

(i) any impairment, disturbance or alteration of blood, or blood circulation, within such a blood vessel;

(j) any occlusion of such a blood vessel, whether the occlusion is total or partial;

(k) any rupture of such a blood vessel, including any rupture of an aneurism of such a blood vessel;

(l) any haemorrhage from such a blood vessel;

(m) any aortic dissection;

(n) any consequential physical harm or damage, including harm or damage to the brain;

(o) any consequential mental harm or damage;

S. 3 def. of hospital amended by Nos 26/2014 s. 455(Sch. item 34), 39/2022 s. 884.

"hospital" means—

(a) a public hospital, denominational hospital, private hospital or public health service within the meaning of the Health Services Act 1988 ; or

(b) a day procedure centre within the meaning of the Health Services Act 1988 ; or

(d) a hospital within the meaning of a law of another State or of a Territory; or

(e) a place within Australia declared by Order of the Governor in Council to be a hospital for the purposes of this Act; or

(f) a place outside Australia approved by the Authority as a hospital for the purposes of this Act;

"hospital service" includes—

(a) maintenance, attendance and treatment in a hospital; and

(b) the provision by a hospital of—

(i) medical attendance and treatment; and

(ii) nursing attendance; and

(iii) medicines, medical, surgical and other curative materials, appliances or apparatus; and

(iv) any other usual or necessary services provided by a hospital with respect to the treatment of an injury or disease of a worker;

"IBAC" means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011 ;

"IBAC" personnel has the same meaning as it has in the Victorian Inspectorate Act 2011 ;

incapacity includes—

(a) a disfigurement that is sufficient to affect the earning capacity of a worker or a worker's opportunities for employment; and

(b) in relation to industrial deafness, inability to engage in the worker's own or other suitable employment because of an immediate and substantial risk of increasing the industrial deafness to a level of material disability;

S. 3 def. of industrial award amended by No. 44/2014 s. 24(1).

"industrial award" means—

(a) a fair work instrument (other than an FWC order) within the meaning of the Fair Work Act 2009 of the Commonwealth; or

(b) a transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth;

"industrial deafness" means any condition of deafness caused by—

(a) exposure; or

(b) continued exposure; or

to industrial noise;

"injury" means any physical or mental injury and, without limiting the generality of that definition, includes—

(a) industrial deafness; and

(b) a disease contracted by a worker in the course of the worker's employment (whether at, or away from, the place of employment); and

"interest at the prescribed rate" means interest at the rate fixed for the time being under section 2 of the Penalty Interest Rates Act 1983 ;

S. 3 def. of legal practitioner amended by No. 17/2014 s. 160(Sch. 2 item 113.1).

"legal practitioner" means an Australian legal practitioner;

S. 3 def. of lung transplant surgery inserted by No. 10/2022 s. 56.

"lung transplant surgery" means the replacement of one or both lungs;

"Medical Panel" means a Medical Panel constituted under Division 2 of Part 12;

"medical practitioner" means—

(a) a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); and

(b) in relation to anything done for the purposes of this Act—

(i) in a place within Australia but outside Victoria, a medical practitioner who is lawfully qualified in that place to do that thing; and

(ii) in a place outside Australia, a medical practitioner who is lawfully qualified in that place to do that thing and who is approved for the purposes of this Act by the Authority or a self-insurer;

"medical question "means any of the following—

(a) a question as to the nature of a worker's medical condition relevant to an injury or alleged injury;

(b) a question as to the existence, extent or permanency of any incapacity of a worker for work or suitable employment and the question whether a worker is partially or totally incapacitated;

(c) a question as to whether a worker has a current work capacity or has no current work capacity and what employment would or would not constitute suitable employment;

(d) a question as to whether a worker, on a particular date or during a particular period, had no current work capacity and, if not, what employment would, or would not, have constituted suitable employment on that date or during that period;

(e) a question as to whether a worker has no current work capacity and is likely to continue indefinitely to have no current work capacity;

(f) a question as to whether a worker has a current work capacity and, because of the injury, is, and is likely to continue indefinitely, to be incapable of undertaking—

(i) further or additional employment or work; or

(ii) further or additional employment or work that would increase the worker's current weekly earnings—

and, if not so incapable, what further or additional employment or work the worker is capable of undertaking;

(g) a question as to the medical, personal and household or occupational rehabilitation service provided, or to be provided, to a worker for an injury, including a question as to the adequacy, appropriateness or frequency of that service;

(h) a question whether a worker's employment was in fact, or could possibly have been—

(i) a significant contributing factor; or

(ii) a contributing factor—

to an injury or alleged injury, or to a similar injury;

(i) a question as to the extent to which any physical or mental condition, including any impairment, results or resulted from or was or is, materially contributed to by the injury;

(j) a question as to the level of impairment of a worker, including—

(i) a question of the degree of impairment of a worker assessed in accordance with Division 4 of Part 2 of this Act or section 91 of the Accident Compensation Act 1985 ;

(ii) a question as to whether or not that impairment is permanent;

(k) a question as to the amount of the total percentage referred to in section 61(2)(b) of this Act or section 89(3)(b) of the Accident Compensation Act 1985 ;

(l) a question as to whether a worker has an injury which is a total loss mentioned in the Table in Schedule 4 of this Act or the Table in Schedule 3B of the Accident Compensation Act 1985 ;

(m) a question whether a worker's incapacity for work results or resulted from, or is or was materially contributed to by, an injury or alleged injury;

(n) a question prescribed to be a medical question in respect of an application for leave under section 335(2)(d) of this Act or section 134AB(16)(b) of the Accident Compensation Act 1985 ;

(o) a question determined to be a medical question by a court hearing an application for leave under section 335(2)(d) of this Act or section 134AB(16)(b) of the Accident Compensation Act 1985 ;

"medical service" includes—

(a) attendance, examination or treatment of any kind by a medical practitioner, registered dentist, registered optometrist, registered physiotherapist, registered chiropractor, registered osteopath or registered podiatrist; and

(b) the provision and, as may be necessary from time to time (including at the time of the injury), the repair, adjustment or replacement of crutches, artificial members, orthoses, eyes, teeth or spectacle glasses; and

(c) the provision and, as may be necessary from time to time (including at the time of the injury), the repair, adjustment or replacement of hearing aids of a type approved by the Authority by a person or a class of persons approved by the Authority; and

(d) the provision by a registered pharmacist, on the request of a medical practitioner or registered dentist, of medicines or curative apparatus, appliances or materials; and

(e) the provision, on the request of a medical practitioner, by a person approved by the Authority of any health service approved by the Authority; and

(f) the provision by a medical practitioner, registered dentist, registered optometrist, registered physiotherapist, registered chiropractor, registered osteopath or registered podiatrist of—

(i) a certificate required by the worker, the worker's dependants, an employer, the Authority or a self-insurer; or

(ii) a report authorised by the Authority or a self-insurer—

for any purpose relating to this Act or the Accident Compensation Act 1985 ; and

(g) the provision, at the request of a medical practitioner, hospital or provider of a hospital service, of special food or a special food formula; and

(h) the provision, at the request of a medical practitioner, of room temperature control equipment for a person who is unable to adequately regulate his or her own body temperature; and

(i) the provision, at the request of a medical practitioner, of equipment intended to treat or stabilise any injury; and

Example

Examples of equipment referred to in paragraph (i) include life support equipment, ventilators and special lighting.

(j) the provision of anything needed to operate, run, maintain or repair any equipment referred to in paragraph (h) or (i);

Example

Examples of things referred to in paragraph (j) include electricity, water, lubricating oil and replacement filters and batteries.

member of a family has the meaning given in clause 26 of Schedule 1;

S. 3 def. of mental injury inserted by No. 8/2024 s. 4.

"mental injury" means an injury that—

(a) causes significant behavioural, cognitive or psychological dysfunction; and

(b) is diagnosed by a medical practitioner in accordance with the latest version of the Diagnostic and Statistical Manual of Mental Disorders;

"midwife "means a person registered—

(a) under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a midwife (other than as a student); and

(b) in the register of midwives kept for that profession;

"motor vehicle "means a motor vehicle within the meaning of section 3(1) of the Road Safety Act 1986 ;

"no current work capacity", in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to work, either in the worker's pre‑injury employment or in suitable employment;

non-WorkCover employer has the meaning given by section 413 ;

"notice of penalty "means a notice in writing of a penalty payable by an employer under Part 10;

"nurse "means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

"nursing service" means—

(a) a nursing service rendered by a nurse; or

(b) a midwifery service rendered by a midwife—

otherwise than at a hospital or as a member of the nursing staff of a hospital;

occupational rehabilitation service means any of the following services provided by a person who is approved by the Authority as a provider of an occupational rehabilitation service—

(a) initial rehabilitation assessment;

(b) functional assessment;

(d) job analysis;

(e) advice concerning job modification;

(f) occupational rehabilitation counselling;

(g) vocational assessment;

(h) advice or assistance concerning job‑seeking;

(i) vocational re-education;

(j) advice or assistance in arranging vocational re-education;

(k) advice or assistance in return to work planning;

(l) the provision of aids, appliances, apparatus or other material likely to facilitate the return to work of a worker after an injury;

(m) modification to a work station or equipment used by a worker that is likely to facilitate the return to work of the worker after an injury;

(n) any other service authorised by the Authority—

but does not include a hospital service;

"partner "means —

(a) in relation to a worker, the worker's spouse or domestic partner; or

(b) in relation to a worker who dies, the worker's spouse or domestic partner at the time of the worker's death;

"person under a disability" means a person who is incapable by reason of injury, disease, senility, illness, or physical or mental infirmity of managing his or her affairs in relation to a matter or proceeding under this Act or the Accident Compensation Act 1985 ;

"personal and household service" means the provision of any one or more of the following of a kind or type, and by a person, approved by the Authority—

(a) attendant care;

(b) household help;

(d) at the request of a medical practitioner, an aid, assistance, appliance, apparatus or service, other than a medical service, hospital service or nursing service;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 188.1).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

pre-injury average weekly earnings has the meaning given by Division 1 of Part 5;

"premium period", in relation to a premiums order, means the period beginning on 1 July 2014 and ending on 30 June 2015 and each succeeding year beginning on 1 July;

"premiums order" means a premiums order in force under section 448 ;

"professional service" means—

(a) a hospital service, medical service, ambulance service, nursing service, accident rescue service, personal and household service or occupational rehabilitation service; or

(b) legal services provided by a legal practitioner; or

(c) a service, provision of goods or any other matter referred to in Division 7 of Part 5 of this Act or Division 2B of Part IV of the Accident Compensation Act 1985 in relation to the costs of which a liability arises, or may arise, under that Division;

rateable remuneration has the meaning given by clause 24 of Schedule 1;

"registered chiropractor" means a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student);

"registered dentist "means a person registered—

(a) under the Health Practitioner Regulation National Law to practise in the dental profession as a dentist (other than as a student); and

(b) in the dentists division of that profession;

"registered employer "means an employer who is registered with the Authority under Part 10;

"registered optometrist "means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student);

"registered osteopath" means a person registered under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student);

"registered physiotherapist" means a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student);

"registered podiatrist" means a person who is registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student);

"registered psychologist" means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

remuneration has the meaning given by Part 2 of Schedule 1;

S. 3 def. of retirement age substituted by No. 73/2016 s. 11(2).

"retirement age", in relation to a worker, means the age at which the worker attains pension age within the meaning of the Social Security Act 1991 of the Commonwealth;

second entitlement period has the meaning given by section 152 ;

"self-insurer" means—

(a) a body corporate that—

(i) is approved as a self‑insurer under Division 3 of Part 8; or

(ii) immediately before 1 July 2014, was a self-insurer within the meaning of the Accident Compensation Act 1985 ;

(b) a body corporate that—

(i) has been a self-insurer within the meaning of paragraph (a) or a self‑insurer within the meaning of the Accident Compensation Act 1985 as in force immediately before 1 July 2014; and

(ii) has elected, or entered into an arrangement with the Authority, to retain liability for its tail claims; and

(iii) has not ceased to be liable for those tail claims;

S. 3 def. of Senior Conciliation Officer amended by No. 73/2016 s. 11(1)(d), repealed by No. 15/2021 s. 4(c).

* * * * *

S. 3 def. of serious lung injury inserted by No. 10/2022 s. 56.

"serious lung injury "means an injury that requires treatment with lung transplant surgery;

"shift allowance" means an allowance or loading paid or payable for shift work or working on public holidays, Saturdays or Sundays;

significant contributing factor has the meaning given by clause 25 of Schedule 1;

"specified workplace" means—

(a) a factory, mine, office, quarry, shop or warehouse; or

(b) a place at which 10 or more workers are engaged in work or from which the work of the workers is managed or controlled;

"spouse" of a person means a person to whom that person is married;

"State average weekly earnings" , in relation to compensation payable in a financial year, means the average weekly total earnings of all employees in Victoria in original terms published by the Australian Bureau of Statistics as at 15 June in the preceding financial year in respect of the most recent reference period ending on or before 31 December in that preceding financial year;

"stroke injury" means an injury to the brain, or any of the blood vessels supplying or associated with the brain, that consists of, is caused by, results in or is associated with any of the following—

(a) any stroke;

(b) any cerebral infarction;

(d) any rupture of such a blood vessel, including any rupture of an aneurism of such a blood vessel;

(e) any subarachnoid haemorrhage;

(f) any haemorrhage from such a blood vessel;

(g) any harm or damage to such a blood vessel or to any associated plaque;

(h) any impairment, disturbance or alteration of blood, or blood circulation, within such a blood vessel;

(i) any occlusion of such a blood vessel, whether the occlusion is total or partial;

(j) any consequential physical harm or damage, including neurological harm or damage;

(k) any consequential mental harm or damage;

"student worker" means a worker within the meaning of clause 1(1)(a), (b), (c), (d) or (e) of Schedule 1;

"suitable employment", in relation to a worker, means employment in work for which the worker is currently suited—

(a) having regard to the following—

(i) the nature of the worker's incapacity and the details provided in medical information including, but not limited to, the certificate of capacity supplied by the worker;

(ii) the nature of the worker's pre‑injury employment;

(iii) the worker's age, education, skills and work experience;

(iv) the worker's place of residence;

(v) any plan or document prepared as part of the return to work planning process;

(vi) any occupational rehabilitation services that are being, or have been, provided to or for the worker;

(b) regardless of whether—

(i) the work or the employment is available; or

(ii) the work or the employment is of a type or nature that is generally available in the employment market;

and, for the purposes of Part 4, includes—

(c) employment in respect of which the number of hours each day or week that the worker performs work, or the range of duties the worker performs, is suitably increased in stages in accordance with return to work planning or otherwise; and

(d) employment the worker is undertaking or that is offered to the worker, regardless of whether the work or the employment is of a type or nature that is generally available in the employment market; and

(e) suitable training or vocational
re-education provided by the employer, or under arrangements approved by the employer (whether or not the employer also provides employment involving the performance of work duties), but only if the employer pays an appropriate wage or salary to the worker in respect of the time the worker attends suitable training or vocational re-education;

superannuation benefit has the meaning given by clause 27 of Schedule 1;

"transport accident" means a transport accident within the meaning of section 3(1) of the Transport Accident Act 1986 ;

twice the State average weekly earnings has the meaning given by section 159(3);

"weekly payment "means compensation in the form of a weekly payment under Division 2 of Part 5;

WorkCover Authority Fund means the Fund continued in existence under section 513;

"worker" means an individual—

(a) who—

(i) performs work for an employer; or

(ii) agrees with an employer to perform work—

at the employer's direction, instruction or request, whether under a contract of employment (whether express, implied, oral or in writing) or otherwise; or

(b) who is deemed to be a worker under this Act;

"workers compensation cover" means insurance or registration required under a law of another State or of a Territory in respect of liability for statutory workers compensation under that law;

"workplace particulars", in relation to a record of an injury to a worker entered in the register of injuries, means the following—

(a) the name of the worker;

(b) the worker's occupation or job title;

(d) the worker's exact location at the time of the injury;

(e) the names of witnesses, if any, to the injury;

(f) the date on which the entry in the register of injuries is made;

(g) the name of the person making the entry.

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