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Laws and regulations

Common law applications Public consultation at Engage Victoria External link. Ministerial Directions Investigation and enforcement Previous slide - visual effect only Next slide - visual effect only. Investigations and enforcement Mandatory investigations Court judgements about workers compensation

Actived: 7 days ago

URL: https://www.worksafe.vic.gov.au/laws/common-law

Occupational health and safety – your legal duties

(Just Now) The law requires employers to eliminate risks so far as is reasonably practicable. To decide what is reasonably practicable, you must consider: the likelihood of the hazard or risk occurring; the harm that would result from the hazard or risk; what a person knows (or should know) about the hazard or risk, and ways to eliminate or reduce it

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Occupational Health and Safety Act and regulations

(2 days ago) The Occupational Health and Safety Act 2004 (OHS Act) is the main workplace health and safety law in Victoria. It sets out key principles, duties and rights about OHS. To secure the health, safety and welfare of employees and other persons at work. Created with Sketch.

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Common law applications

(5 days ago) Common law application for damages. Workers injured in their employment on or after 20 October 1999 may have a right to sue for damages for those injuries. Some workers with injuries before 12 November 1997 may also be able to make a common law claim. To be entitled to sue for damages the injury must be 'serious', as defined in Victorian

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How WorkSafe applies the law in relation to identifying

(3 days ago) WorkSafe Position: How WorkSafe applies the law in relation to reasonably practicable. Glossary. Duty-holder is any person referred to in the 'What this WorkSafe Position is about' section of this document. State of knowledge is the knowledge that the duty-holder has, or ought reasonably to have, about a hazard or risk.

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Requirements for the lodgement of common law applications

(Just Now) What it contains. These requirements are published in accordance with the Ministerial Directions - Common Law, and provide guidance for workers' solicitors using WorkSafe's Common Law Applications Hub to lodge common law applications.

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Common Law Applications Hub: Frequently asked questions

(6 days ago) What it contains. The following information is intended as a guide to users of WorkSafe's Common Law Applications Hub. The questions, and information provided in response, will be improved and renewed over time and in light of experience and feedback.

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6.3.2 Common law phases

(8 days ago) 6.3.2 Common law phases. Common law for injuries sustained on or after 20 October 1999 has five phases. Managing a common law claim begins when WorkSafe receives a common law application from the worker. The role of the Agent is mainly to respond to requests from the panel solicitor. The application must be served directly on WorkSafe.

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Tougher laws. Safer workplaces.

(4 days ago) The new law is designed to strengthen workplace safety in Victoria. It aims to prevent workplace death and provide a strong deterrent for officers, organisations and employers to comply with their OHS obligations. It will see tougher penalties where …

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3.4.6 Weekly payments after common law settlement

(9 days ago) 3.4.6 Weekly payments after common law settlement. When a common law claim is resolved, the settlement/judgement amount is paid to the worker ’s solicitors within 28 days of the settlement. Weekly payments to a worker whose common law settlement includes a pecuniary (loss of earnings) cease on the date of the settlement.

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Workplace Injury Rehabilitation and Compensation Act and

(Just Now) Which law applies to workers' compensation claims? Claims made since the WIRC Act came into force are dealt with under the WIRC Act. If you made a claim before 1 July 2014, it is still dealt with under the Accident Compensation Act 1985. Workplace Injury Rehabilitation and Compensation Regulations 2014

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6.3.3 Worker makes a common law application

(8 days ago) 6.3.3 Worker makes a common law application. If the worker believes they have a right to claim damages for their injury, they lodge a Common Law Application with WorkSafe:. using the prescribed form; attaching all information (medical and otherwise) that the worker will want to rely on at any proceedings, and as required by the legislation and by Ministerial Directions.

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6.3.9 Old common law scheme

(1 days ago) Delayed incapacity still dealt with under old common law. There is an exception to the deadline above. Where the incapacity from an injury sustained before 12 November 1997 did not become known until after 12 November 1997, the injury can still be dealt with under the old common law scheme.. Serious injuries require compulsory conferencing

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Construction company fined $24,000 for working too close

(6 days ago) Construction company fined $24,000 for working too close to powerlines. A Preston construction company which allowed a crane to operate near high voltage powerlines without carrying out the proper pre-work safety assessment has been convicted and fined $24,000.

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1.2.9 Provide information to ACCS

(2 days ago) The privilege of immunity is a common law privilege against self-incrimination. It entitles a person to refuse to answer a question or to produce a document, if the answer or the document would tend to incriminate that person: against self-incrimination in criminal matters; against self-exposure to a civil or administrative penalty and

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6.3.6 Pre-litigation damages conference

(5 days ago) The panel solicitor manages the pre-litigation damages conference. Steps. The steps in the pre-litigation phase are: pre-litigation begins; compulsory conference takes place

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Work-related fatigue: a guide for employers

(8 days ago) This guide outlines the legal duties of workplaces to reduce fatigue-related injuries among employees. It explains: what causes fatigue and how it affects employees. how to identify when fatigue is a hazard in the workplace. how to consult with employees and health and safety representatives to prevent fatigue.

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6.3.9.3 Worker has serious injury (either > 30% or court

(Just Now) 6.3.9.3 Worker has serious injury (either > 30% or court or WorkSafe gives leave) The worker begins the pre-litigation process.. Panel solicitor. The panel solicitor begins a pre-litigation conference within 49 days of the SI certificate being granted or of the court granting the worker leave to proceed.

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Comparison: Accident Compensation Act 1993 and Workplace

(7 days ago) What it contains. The WIRC Bill recasts the Accident Compensation Act 1985 and the ACWI Act 1993 into a single Act that is simpler and easier to use.

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6.2.4 Impairment assessments

(2 days ago) common law entitlement; voluntary settlement A lump sum payment that replaces an injured worker's right to ongoing weekly compensation. the IIA is responsible for the following. Combining physical impairments. Injuries between 12/11/97 to 02/12/03

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Statutory counter offer form: Form C

(7 days ago) WorkSafe Victoria’s Statutory Counter Offer Form under Section 134AB (12) (c) Accident Compensation Act 1985/Section 333 (c) Workplace Injury Rehabilitation and Compensation Act 2013. Download PDF. Document.

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Managing health and safety in food retail: A handbook for

(8 days ago) What it contains. This handbook advises franchisors and franchisees about developing health and safety systems in food retail franchises. It explains: how to develop a health and safety management system. training, supervision, safety reports and worker’s compensation insurance. common hazards in food retail, including manual handling, falls

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2.8.3 Surveillance guidelines for Agents

(2 days ago) Material collected by surveillance is not to be disclosed to persons other than WorkSafe or relevant Agent without WorkSafe approval or unless required by law. If material is disclosed to another person, body or agency, the Agent should check that the recipient has policies and procedures in place to safeguard the information and treat it in

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2.1.1 Define a worker

(3 days ago) 2.1.1 Define a worker. The legislation defines who is a worker and who are deemed workers or deemed to be working under a contract of service. A worker is defined as an individual: at the employer's direction, instruction or request, whether under a contract of employment (whether express, implied, oral or in writing) or otherwise or.

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6.3.8 Pain & suffering damages

(7 days ago) Delayed incapacity dealt with under old common law There is an exception to the time limit above. If an injury is ‘serious’ and the incapacity did not become known until after 1 December 1992, the injury is dealt with under the old common law scheme.

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Premium guideline: Penalties for a failure to provide full

(Just Now) Premium guideline: Penalties for a failure to provide full and true disclosure. Employers must tell WorkSafe about everything that could affect their WorkCover rates. This document outlines what that means and the penalties for not doing so. Download PDF. Document.

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Statutory offer form – Form B

(9 days ago) Statutory offer form Form B. WorkSafe Victoria’s Statutory Offer Form under Section 134AB (12) (b) Accident Compensation Act 1985/Section 333 (b) Workplace Injury Rehabilitation and Compensation Act 2013. Download PDF. Document. Last updated. May 2016.

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Ministerial Direction: Actions for Damages (revised

(7 days ago) These Ministerial Directions relate to procedures under Section 134AB of the Accident Compensation Act 1985 and Division 2 of Part 7 of the Workplace Injury Rehabilitation and Compensation Act 2013. They contain information about delivering appropriate damages to injured workers. They were issued by Robin Scott MP, Minister for Finance on 14

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6.3.4 Serious injury

(6 days ago) 6.3.4 Serious injury. The first response to a common law application is the determination of serious injury.. Steps. The steps in the SI determination phase are: WorkSafe receives and allocates the common law application to a Panel Solicitor

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7.1 Types of disputes

(2 days ago) 7.1.1 Weekly payments. Disputes about weekly payments referred for conciliation can be about: liability to make or to continue to make payments; whether a worker has or does not have a current work capacity Under the legislation, unless inconsistent with the context or subject-matter — current work capacity, in relation to a worker, means a present inability arising from an …

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1.3.3 Negligent third parties

(4 days ago) 1.3.3 Negligent third parties. A third party has a liability to reimburse WorkSafe, in whole or in part, if their negligence contributed to a worker ’s injury. The legislation provides for WorkSafe to be proportionally indemnified by a negligent third party if they caused death or injury. The liability of the third party is limited to an

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2.1.5 Cross border provisions

(1 days ago) Compensation under the Victorian law does not apply to a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 of the Commonwealth applies to the worker’s employment. 'Ship' means any kind of vessel used in navigation by water, however propelled or moved and includes: a barge, lighter, or other floating vessel and

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2.6.1.1 Time limits to determine liability

(8 days ago) Consider potential recovery and common law (except for under excess time loss claims). Determine the ongoing involvement of the Agent RTW Specialist. Determine whether a motor vehicle was involved. If so, obtain police report details. Collect further information Determine if a medical or an investigative report is required.

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6.2.1 Overview of impairment benefits

(Just Now) A worker is able to pursue common law entitlements before lodging an impairment claim. However, workers are unable to have concurrent common law claims and IB claims. An IB claim must not be processed if the worker has a serious injury application or common law proceedings which have not been finalised (unsuccessfully or successfully) or withdrawn.

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Company fined $30,000 for amputated thumb

(Just Now) The 28-year-old machine operator was taken to hospital where his thumb was amputated. OneSteel Reinforcing Pty Ltd pleaded guilty in the Dandenong Magistrates Court on 7 February to one charge under section 21 (1) of the Occupational Health and Safety Act of failing to, so far as is reasonably practicable, provide and maintain a safe working

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Investigations and enforcement

(2 days ago) Investigations and enforcement. WorkSafe may conduct investigations into suspected contraventions of the laws administered by WorkSafe. Those laws are the Occupational Health and Safety Act 2004, the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1995 and the Workplace Injury Rehabilitation and Compensation Act 2013. Share this page.

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2.6.1.1 Time limits to determine liability

(Just Now) Consider potential recovery and common law (except for under excess time loss claims). Determine the ongoing involvement of the Agent RTW Specialist. Determine whether a motor vehicle was involved. If so, obtain police report details. Collect further information Determine if a medical or an investigative report is required.

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6.2.2.5 Suspend impairment process

(4 days ago) Define a 'suspended' claim. A suspended claim is an IB Impairment Benefits application made on or after 18/11/2004, which has then been suspended within 90 days from the Agent Received Date (ARD Agent received date) for one of the following reasons:. WorkSafe has insufficient medical information to determine the matters or; WorkSafe cannot make a determination …

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Compliance code 4 of 4: Cooperating with labour hire

(3 days ago) Compliance code 4 of 4: Cooperating with labour hire employees about return to work. This compliance code provides practical guidance on how to comply with your obligations under Victoria’s worker’s compensation legislation to cooperate with labour hire employers on the return to work process. Download PDF.

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Information for employers: Return to work obligations

(7 days ago) Information for employers: Return to work obligations. Supporting your injured worker to return to safe and sustainable work as soon as possible is necessary to meet your legal obligations, is good for your worker and is good for business. Here’s how.

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Plant: Safety basics

(1 days ago) plant that lifts or moves persons or materials, including objects and substances such as empty receptacles, bins landfill rubbish, metals and soil. pressure equipment, tractors, earthmoving machinery, lasers, scaffolds, temporary access equipment, explosive-powered tools, turbines and amusement structures, and. plant that processes material by

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1.3.2 TAC recoveries

(5 days ago) ‘Dual insurance’ exists where two policies provide indemnity at common law, for the one risk The probability of the worker not returning to work is known as the risk or risk factor. For example: if a worker is likely to return to work, the claim is categorised as low risk..

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The importance of health and safety representatives

(2 days ago) The Occupational Health and Safety Act 2004 (OHS Act) recognises the important role of health and safety representatives (HSRs) play in representing the health and safety interests of employees and states that: employees are entitled, and should be encouraged, to be represented in relation to health and safety issues.

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3.1.5.2 Calculate overtime & shift allowance

(4 days ago) It is a requirement of the WorkCover Insurance Policy In 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 that employers obtain and keep and provide documents requested by WorkSafe or Agents.

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