1914–2000
Victoria introduced the Workers’ Compensation Act 1914 with benefits payable to workers arising ‘out of and in the course of’ employment.
The Workers’ Compensation Act 1946 changed to arising ‘out of or in the course’ of employment.
In 1984, major amendments were made – the Accident Compensation Act 1985 (AC Act) was introduced. Changes included public underwriting, vocational rehabilitation, and a dispute resolution system. 1992 saw further changes including restricting weekly benefits for workers with a partial work capacity and introducing a non-adversarial dispute resolution system via conciliation.
The Accident Compensation (WorkCover Insurance) Act 1993 established compulsory WorkCover insurance, premium calculations, and registration obligations for employers and in 1997, access to common law was removed.
2000–2009
Access to common law damages was reinstated for seriously injured workers with a new threshold for economic loss and the efficiency of the claims process was improved.
A provision was made for previously injured workers whose employers exited the Victorian scheme to become licensed corporations under the Comcare scheme.
Existing benefits were enhanced including death benefits and the extension of the weekly benefits entitlement period from 104 to 130 weeks with increased payments for workers with a partial work capacity, and counselling benefits were improved for the families of deceased or seriously injured workers
The AC Act was changed to preserve the higher impairment rating regime for workers with musculoskeletal injuries assessed under Chapter 3 of the American Medical Association Guides (4th edition).
The Victorian Government responded to 151 recommendations made in a commissioned report following a review undertaken in 2008 by Mr Peter Hanks QC of the AC Act and associated legislation, and introduced into Parliament improvements to benefit workers, employers and the scheme.
2010–2014
The Accident Compensation Amendment Act 2010 was passed, introducing almost a doubling of lump sum death benefits, and improved access to pensions for dependents of deceased workers.
The new ANZSIC 2006 based WorkCover Industry Classification (WIC) system commenced.
The Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act) commenced.
The WIRC Act recast the Accident Compensation Act 1985 and the Accident Compensation (AC) (WorkCover Insurance) Act 1993 into a single Act.
The WIRC Act also repealed the Accident Compensation (WorkCover Insurance) Act 1993 and streamlined provisions of the Accident Compensation Act.
The WIRC Act:
- applies to injuries including physical and mental injuries, diseases, and industrial deafness
- defines the term ‘worker’ and stipulates that a worker may be entitled to compensation for an injury arising out of or in the course of any employment, or to the aggravation or exacerbation of which work has been a significant contributing factor
- provides the framework for decisions about a worker’s claim and the respective roles, rights and duties of the worker, employer, WorkSafe Victoria and others
- outlines what must legally happen when a Victorian worker is injured at work or loses their life because of a workplace injury
- covers insurance, workers’ compensation, claims, rehabilitation, return to work, and dispute resolution
- allows for employers to apply to be self-insurers and to manage and bear the costs and risks of their own workers’ compensation claims, and
- covers the requirements and process of registration of employers, and determination and obligations regarding premiums.
The Workplace Injury Rehabilitation and Compensation Regulations were also made in 2014 following the introduction of the WIRC Act. The Regulations set out details of compensation arrangements, such as amounts not to be taken as remuneration for certain classes of contractors, the formula for calculating contributions payable to the WorkCover Authority Fund by self-insurers, and prescribing things required or permitted to be prescribed or necessary to be prescribed to give effect to the WIRC Act and the AC Act.
2019–2020
The Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 came into effect. It allows career and volunteer firefighters to access presumptive compensation for specified cancers contracted while serving as a firefighter.
In 2019, the Government launched a Provisional Payments Pilot (pilot) for eligible emergency services industry workers and volunteers who lodge a claim for mental injury. The pilot preceded legislation in 2021 which provides all Victorian workers who lodge a mental injury claim with provisional payments. The pilot was expanded in 2020 to also apply to all public health staff, including medical and support staff, who lodge a new mental injury claim.
2020
The Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020 was passed. The Act temporarily amended the WIRC Act and AC Act to exclude earnings for workers financially impacted by the effects of COVID-19 for the period between 1 March 2020 and 31 December 2020. The intended effect of this was to ensure that a worker's PIAWE were calculated as if the worker was not financially disadvantaged by the impacts of COVID-19.
The COVID-19 Omnibus (Emergency Measures) Act 2020 and the COVID-19 Omnibus (Emergency Measures) Amendment Act 2020 (COVID-19 Omnibus Acts) were passed in 2020, amending the WIRC Act. The amendments extended the notice period given to an injured worker for second entitlement determinations made during relevant period from 13 weeks to 39 weeks.
2021
The WIRC Act and AC Act were amended to:
- allow the Accident Compensation Conciliation Service (ACCS) to hear and make binding determinations on disputes not resolved by conciliation.
- give workers the choice to have their matter arbitrated by the ACCS instead of going to court
- introduce provisional payments for up to 13 weeks for workers who seek compensation for a mental injury under WorkCover to cover reasonably medical expenses while they await the outcome of their claim, and
- require employers to provide early notification of mental health claims to their agent (within 3 business days), agents to determine whether provisional payments should be provided (within 2 days) and self-insurers to determine whether provisional payments should be provided (within 5 business days).
The Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021 amended the WIRC and AC Acts to provide for a provisional payments scheme for workplace mental injuries.
The Forests Amendment (Forest Firefights Presumptive Rights Compensation) Act 2021 expanded the presumptive rights compensation scheme to cover eligible forest firefighters. This means that if a forest firefighter who satisfies the relevant criteria is diagnosed with a specified cancer, they no longer need to prove that the cancer is directly attributable to their service as a firefighter. The presumption applies unless it can be proven the cancer was not caused by firefighting.
2022
Changes to Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 commenced in 2022. The changes extend presumptive rights compensation to vehicle and equipment maintenance employees engaged by the Country Fire Authority (CFA) and Fire Rescue Victoria (FRV).
The Workplace Safety Legislation and Other Matters Amendment Act 2022 (Amendment Act) commenced in 2022 and aims to prevent and better respond to workplace safety incidents, improve outcomes for injured workers and their families, and increase WorkSafe Victoria’s ability to enhance Victoria’s workers' compensation scheme operations.
2023
The Justice Legislation Amendment Act 2023 expanded the presumptive rights scheme in the Firefighters’ Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 to include 3 additional cancers affecting female firefighters – primary site cervical, ovarian and uterine cancers.
2024–2025
The Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Act 2024 made several changes designed to deliver a more contemporary and sustainable scheme that will continue to support Victorian workers and businesses into the future.
The legislative reforms were introduced to address sustainability challenges posed by rising rates of workplace mental injury and the increasing number of workers staying on the scheme for longer periods. While it will take some time to get a complete and accurate picture of the impact of the reforms, initial figures show progress is being made towards restoring balance and ensuring a sustainable scheme for current and future generations.