The Workplace Injury Rehabilitation and Compensation Amendment Act 2025 (Vic), making amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) (WIRC Act) and Occupational Health and Safety Act 2004 (Vic) (OHS Act), received Royal Assent on 5 August 2025.

Amongst other things, the WIRC Act amendments enhance supports for dependants and family members after a work-related death; improve the claim experience of injured workers and others; and make some administrative changes relating to the functions of the Workplace Injury Commission, the appointments of hearing loss assessors, and executive arrangements.

The main changes as set out below are effective from 6 August 2025 to the WIRC Act unless where indicated.

Work-related death entitlements

Therapy and supports

• ‘Counselling, therapy and other support’ costs can now be paid. The amendment is intended to expand the previous eligibility for counselling to enable family members to access a broader range of services to better suit their individual needs. The amendment applies to family members of a worker entitled to services before and after 6 August 2025.
• A new entitlement to forensic cleaning services costs is payable if the worker’s death occurred at their home or the home of a family member. Examples where the costs can be claimed include where a worker has died on a farm or in a work-shed or paddock located where the worker lives, or a work-related suicide has occurred at a family member’s home.
• Eligible family members can access counselling, therapy and other support services approved by WorkSafe Victoria up to an increased maximum of $10,000 in respect of a severe injury or eligible progressive disease or death of a worker occurring from 6 August 2025. For family members entitled to compensation before 6 August 2025, the previous cap in respect of the injury, eligible progressive death or disease remains.
• As before, the capped services amount is shared among all family members. Where a worker experiences a severe injury or eligible progressive disease which is subsequently the cause of their death, family members can claim up to $10,000 for services after an injury occurs or eligible progressive disease is diagnosed, and a further $10,000 of services should the worker subsequently die from that injury or disease.

Provisional payments

• The weekly pension period for a dependent partner has been increased from 12 to 13 weeks.
• The maximum period a dependent partner of a worker can receive a weekly pension has been increased from 13 to 26 weeks.
• Provisional payments now include therapy and other supports and forensic cleaning services (as set out above).
• The ban on provisional payments being made in connection with a worker’s death caused by suicide has been removed.

Compensation for economic and non-economic loss

• New lump sum payments can be made up to a maximum of $20,000 for economic loss suffered by dependents that are not the worker’s parents or children.
• New lump sum payments for non-economic loss for grief and loss suffered by a ‘close family member’ of a worker can be made up to $10,000. There is no cap on the number of recipients per death. A new section 237A defines a close family member as a person who:
  • at the time of the worker's death is a partner, parent, guardian, step-parent, grandparent, sibling or stepsibling of the worker, or a person to whom the worker is a parent, step-parent or guardian; and
  • had a genuine personal relationship with the worker at the time of their death.

Dependent children pensions

Commencing on a date to be proclaimed (but no later than by 1 July 2027), weekly pensions for dependent children will increase to:

• 12.5% of pre-injury average of weekly earnings if there are up to 4 (previously 5) children; and
• 5 or more children will receive an equal share of 50% of pre-injury average weekly earnings.

Improved Claims Experience

Amendments have been made to the objectives of the Act, the Statement of rights and obligations of workers, and to insert a new Code of Claimants’ Rights:

• The Act’s objectives now include ensuring the provision of a high quality service to all ‘claimants and users of the scheme’. The phrase has been deliberately intended to capture a broad range of people such as injured workers, dependent and family members of deceased and injured workers and other parties, employers, WorkSafe Victoria claims agents and legal panel firms, and independent medical examiners.
• The Act’s objectives now include that the scheme operates so that all claimants and users are treated fairly, respectfully and with dignity. The objective is repeated as an entitlement of workers pursuing compensation in the Statement of rights and obligations of workers.
• A new Code of Claimants’ Rights may be approved by the Minister to ensure claimants are treated with respect by, and set service standards for, WorkSafe Victoria and its claims agents and self-insurers. The Code must include claimant rights; WorkSafe Victoria, claims agents and self-insurers obligations to ensure claimant rights are promoted and upheld; and a complaints and remedy procedure for non-compliance.

A new section 605A requires the Minister to have an independent review of the scheme undertaken and report made by 31 December 2025 for the first review and at least once eery 5 years after this date.

Return to work (RTW) Coordinators

Commencing on a date to be proclaimed (but no later than by 1 July 2027), employer RTW obligations will increase by requiring:

• Appointed RTW Coordinators to complete approved training within a required period determined by the Minister to be delivered by a person or body approved by WorkSafe Victoria or a person holding a qualification approved by the Minister; and
• RTW Coordinators be provided with the facilities and assistance they need to reasonably perform their functions. Assistance may include time off work and reimbursement of lost income and costs associated with attending or completing training.

Small employer obligations for RTW Coordinators may be reduced compared to those for larger employers. WorkSafe Victoria is required to publish a list of all approved training providers.

Penalties apply for non-compliance with an employer’s obligations to provide RTW Coordinator training, facilities and assistance unless the employer has a reasonable excuse. Corporation officers can be found criminally liable if they fail to exercise due diligence to prevent the offence.

Administrative changes

Workplace Injury Commission (WIC)

Amendments to improve WIC operations permit WIC to:

• Certify a consent agreement made between the parties to resolve a dispute referred to arbitration;
• Document an enforceable agreement for a worker’s arbitration costs where the parties resolve a dispute at arbitration or at a further conciliation following arbitration; and
• Share information with an injured worker once conciliation or arbitration has concluded.

Hearing loss assessors

To align the process for approving hearing loss assessors with those for assessors of physical impairments, the Minister is no longer required to approve a person or class of persons as hearing loss assessors.

The change means that a ‘medical practitioner’ can determine binaural loss of hearing provided the requirements of the legislation are met and the determination is conducted in the manner approved by the Minister.

Under the WIRC Act medical practitioners must be registered with the Australian Health Practitioner Regulation Agency (AHPRA). Currently, audiologists and audiometrists are not AHRPA registered.

WorkSafe Victoria Executive

Changes have been made relating to WorkSafe Victoria’s Board, Advisory Committees and the appointment of its Chief Executive Officer (CEO).

Board members:

• The term of a Director is now specified in the instrument of appointment.
• The terms and conditions by which a Director holds office are determined by the Minister. This extends to the power to approve remuneration, travelling and other allowances that a director is entitled to be paid.
• Directors can now resign by writing to the Minister instead of the Governor in Council.

Advisory Committee members:

• Under the OHS Act, OHS Advisory Committee membership has been increased by two members who may be appointed by the Minister if considered to have been affected, directly or indirectly, by a workplace incident that involves death or a serious injury or illness.

CEO:

• The Board now has the power to appoint the CEO with the approval of the Minister and to formalise the appointment of an Acting CEO. Previously, the Governor in Council held the power to appoint the CEO.

Further information / assistance regarding the issues raised in this article is available from authors Madelaine August, Partner, Rachel Cubela, Special Counsel, Tom Curtain, Paralegal or your usual contact at Moray & Agnew.