Have Your Say on Victoria’s New Draft Code of Claimants’ Rights

Public consultation is now open on a draft Code of Claimants’ Rights, developed following recent amendments to the Workplace Injury Rehabilitation and Compensation Act. The draft code aims to strengthen protections for injured workers and other claimants by clearly defining how they should be treated throughout the claims process.

The code responds to a key recommendation from the independent review into the administration and management of complex claims. It is intended to set out clear expectations for respectful and fair treatment, including a claimant’s right to have support persons involved, to receive timely and understandable communication, to access relevant information, and to be treated with dignity at all stages of their claim.

In addition to outlining claimants’ rights, the draft code proposes service standards and obligations for WorkSafe Victoria, its agents, providers and self-insurers. These standards are designed to improve consistency, transparency and accountability across the system, complementing existing WHS management systems, internal policies and Safe Work Method Statements (SWMS) used by employers and service providers to manage risk and support injured workers.

The code also details a structured complaints process, along with potential remedies where obligations are not met. This framework is intended to give claimants clearer pathways to raise concerns and seek resolution when they believe the code has been breached.

WorkSafe Chief Executive Officer Cathy Henderson said the draft code would help ensure injured workers and other claimants understand what they can expect from the scheme and those who administer it.

"We are committed to delivering a scheme that supports injured workers and ensures people are treated with dignity and respect at every stage of their claim. By formalising these rights, claimants can feel confident and empowered throughout the process," Ms Henderson said.

"WorkSafe values the perspectives of those with lived experience and encourages workers, employers and the broader community to have their say and help shape a code that will improve outcomes for all claimants." She noted that aligning organisational practices with the code may also require employers and providers to review their existing WHS policies and procedures to ensure they appropriately support injured workers and comply with evolving expectations.

Representative organisations, including the Victorian Trades Hall Council and the Workplace Incidents Consultative Committee – the legislated lived experience advisory body for workplace safety and compensation – have already provided early feedback on the draft. Their input has focused on safeguarding the needs of injured workers, enhancing communication, and strengthening community confidence in the compensation system.

The draft Code of Claimants’ Rights is available for public comment until Wednesday 27 May and is expected to commence by the end of the year, subject to final approvals. Stakeholders, including workers, employers, health providers and WHS professionals, are encouraged to review the document and lodge a submission via the Engage Victoria website.

For media enquiries, contact WorkSafe Victoria by email at media@worksafe.vic.gov.au or phone 0438 786 968.