A new Code of Claimant Rights has been released by WorkSafe after being signed off by the Minister for WorkSafe Steve Dimopoulos. The Code is set to commence from 1 February 2027.
The establishment of the Code was a recommendation from Peter Rozen QC's 2022 independent review of WorkSafe Victoria's management of complex workers’ compensation claims (see previous SafetyNet article). The ‘Rozen review’ identified many problems with the workers’ compensation scheme including unwarranted surveillance, cherry-picking medical evidence and, “in some cases, destroying lives”.
The purpose of the Code is to ensure that claimants are treated with dignity and respect by WorkSafe Victoria, its agents and self-insurers, and to set service standards for WorkSafe, its agents and self-insurers in the operation of Victoria’s WorkCover compensation scheme.
The Code includes:
- the rights of claimants under the Code
- obligations of WorkSafe, its agents and self-insurers in providing services to claimants to ensure their rights are promoted and upheld
- explaining who has obligations under the Code
- a procedure for lodging and dealing with complaints about WorkSafe, its agents or self-insurers if they fail to comply with the Code
- remedies that apply if any complaints are substantiated
WorkSafe says that the Code “is an important step in strengthening trust, transparency and accountability across the Scheme, helping support positive claimant experiences and driving continuous improvement in how services are delivered”.
Throughout the consultation period VTHC and injured workers advocated for meaningful remedies if the Code is breached. Whilst we recognise that the remedies, including the right to a written apology and confirming steps to remedy the failure may provide individual workers some satisfaction that their rights have been breached at a personal level, in our view the Code falls short of being able to drive meaningful systemic change. It had the possibility to do this and it fell short.
As such it reads more as a best practice guidance rather than a Code with the type of consequences that will drive a change in how WorkSafe, agents, self-insurers, IMEs and others with duties to reevaluate the way they choose to communicate and interact with injured workers. VTHC had hoped for something stronger and is disappointed that the Code falls short, in our opinion.
VTHC will continue to fight for fairer workers’ compensation reform that puts injured workers first, protects their rights and dignity, and where possible ensures that they receive the support they need to recover and to return to work safely.
Read more: Code of Claimants’ Rights | Engage Victoria