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Workcover Division

The Workcover division of the Magistrates’ Court deals with claims brought under the Accident Compensation Act 1985 and the Workers Compensation Act 1958. Disputes in this division are generally between an employee and their employer or the Victorian Workcover Authority regarding compensation for injuries incurred at work.

There is no jurisdictional limit within the Workcover division.

The Workcover division of the Magistrates’ Court sits at Melbourne Magistrates’ Court daily, and conducts circuit sittings in regional locations. Please contact the Workcover Registrar at your local Court for details of circuit sittings.

Filing of Documents

All documentation filed in the Workcover division should comply with the Magistrates’ Court General Civil Procedure Rules 2010 or the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010.

Fees

The usual fees payable on matters in the civil jurisdiction are payable on matters in the Workcover division. See Costs and Fees Ready Reckoner in panel on right.

Procedure

Following the filing of a defence, Workcover matters will be listed for a Directions Hearing in three months.

At the Directions Hearing, the Magistrate may direct one of the following:

• Adjourn the matter for further Directions Hearing or Workcover Mention
• Refer the matter to Pre-Hearing Conference, to be conducted by a Registrar
• Refer the matter to Mediation, to be conducted by a Registrar.
• Refer the matter to the Medical Panel
• List the matter for Hearing before a Magistrate in the Workcover division

Revocation of Conciliation Decision

Under section 60 of the Accident Compensation Act 1985, a Magistrate may revoke a Conciliation decision upon application.

The application shall be filed in Form 6D of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 together with an Affidavit in Support. The usual filing fees on such an application will apply.

This application should be filed with the Court within 7 days of notification of the Conciliation decision.

Claims resulting from the death of a worker

Under S.92 & S92A of the Accident Compensation Act 1985, a Magistrate can hear and determine matters involving the death of a worker, whereby the compensation is agreed by the parties or is said to be a payment of the maximum entitlement.

The application should be filed by using a Form 46A Summons, together with a supporting affidavit.
Practice Direction 2 of 2010 outlines the further requirements necessary under this section.

Referral to Medical Panel

Any application for referral to a medical panel must be in Form 6C of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010.