Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 493

Functions of the Authority

    (1)     The functions of the Authority are to—

        (a)     receive and assess and accept or reject claims for compensation; and

        (b)     pay compensation to persons entitled to compensation under this Act or the Accident Compensation Act 1985 ; and

S. 493(1)(ba) inserted by No. 5/2021 s. 26.

        (ba)     pay provisional payments to persons entitled to provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985 .

        (c)     assist employers and workers in achieving healthy and safe working environments; and

        (d)     promote the effective occupational rehabilitation of injured workers and their early return to work; and

        (e)     encourage the provision of suitable employment opportunities to workers who have been injured; and

        (f)     provide insurance in accordance with this Act and to determine, collect and recover premiums in accordance with this Act; and

        (g)     ensure that the accident compensation scheme is competitive and fully-funded; and

        (h)     regulate and make recommendations to the Minister in relation to self-insurers; and

              (i)     continue to fund a WorkCover Advisory Service; and

        (j)     administer the WorkCover Authority Fund; and

        (k)     implement measures to deter and detect fraudulent workers compensation claims; and

        (l)     conduct or defend proceedings before a court or tribunal; and

        (m)     defend actions against employers under this Act or the Accident Compensation Act 1985 and at common law; and

        (n)     arrange or facilitate the provision of interpreter services to assist injured workers; and

        (o)     monitor the operation of occupational health and safety, rehabilitation and accident compensation arrangements; and

        (p)     identify (and as far as practicable minimise or remove) disincentives for injured workers to return to work or for employers to employ injured workers; and

        (q)     develop and implement programs to provide incentives to employers and to assist employers in implementing measures to prevent injuries and diseases at workplaces and to improve occupational health and safety and return to work results; and

        (r)     provide assistance in relation to the establishment and operation of occupational rehabilitation programs of employers and to facilitate the development of rehabilitation plans and facilities to assist injured workers; and

        (s)     encourage liaison between employers, occupational rehabilitation service providers, medical practitioners and other health professionals in the interests of early and effective rehabilitation of injured workers; and

        (t)     undertake, and to provide funds for the undertaking of, research and educational programs for the purpose of assisting the Authority in achieving its objectives or performing its functions; and

        (u)     initiate and encourage research to identify efficient and effective strategies for the prevention of occupational injury and disease and for the rehabilitation of persons who suffer occupational injury or disease; and

              (v)     ensure the availability of high quality education and training for the prevention and rehabilitation of occupational injury and disease and for the rehabilitation of persons who suffer occupational injury or disease; and

        (w)     develop equitable and effective programs to identify and reduce areas of unnecessarily high cost to the accident compensation scheme and, as far as possible, reduce those costs; and

              (x)         develop programs to meet the special needs of target groups, including workers who suffer severe injuries, and injured workers who are unable to return to their pre-injury occupation; and

        (y)     foster a co-operative consultative relationship between management and labour in relation to the health, safety and welfare of persons at work; and

        (z)     collect and publish statistics and to conduct statistical analysis of occupational injuries and diseases; and

        (za)     provide information services to workers, employers, and the general community; and

        (zb)     collaborate with other bodies and provide funds for the purposes of—

              (i)     developing national policies in relation to occupational health and safety and workers' compensation; and

S. 493(1)(zb)(ii) amended by No. 48/2017 s. 35.

              (ii)     enhancing co-operation between Australian jurisdictions in relation to the health and safety of Australian workers; and

              (iii)     improving occupational health and safety outcomes and workers' compensation arrangements in Australia; and

              (iv)     harmonising workers' compensation arrangements across the Commonwealth, States and Territories; and

        (zc)     carry out other functions specified under this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 , or the regulations or under any other Act or regulations under any other Act.

    (2)     In performing its functions, the Authority must—

        (a)     promote the prevention of injuries and diseases at the workplace and the development of healthy and safe workplaces; and

        (b)     ensure the efficient, effective and equitable occupational rehabilitation and compensation of persons injured at work; and

        (c)     ensure the financial viability and efficient operation of the accident compensation scheme; and

        (d)     provide advice to the Minister in relation to matters specifically referred to the Authority by the Minister and generally in relation to the administration of this Act, the Accident Compensation Act 1985 , the Workers Compensation Act 1958 and the accident compensation scheme.

    (3)     The function of the Authority under subsection (1)(q) does not create any obligation that gives rise to any liability of, or a claim against, the Authority or its agents.



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