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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. Such disputes relate to an employee against their employer or the Victorian Workcover Authority regarding compensation for injuries incurred at work.

The jurisdictional limit of the Workcover division is $40,000 or no more than 130 weekly payments

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 shall be in accordance with the Magistrates’ Court Civil Procedure Rules 1999.

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

In accordance with Practice Direction 2 of 2004 (amended by 14 of 2004), following the filing of a defence, Workcover matters will be listed for a Directions Hearing in 3 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 other person in accordance with Rule 22A Magistrates’ Court Civil Procedure Rules 1999.
• Refer the matter to the Medical Panel
• List the matter for Hearing before a Magistrate in the Workcover division

Subpoenaed Documents

In accordance with Practice Direction 2 of 2004, there are specific practices that must be followed when subpoenaing and viewing medical records in the Workcover Division. Please see the Practice Direction, or contact the Workcover Registrar at your Court for further details.

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 20A 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.

Referral to Medical Panel

Any application for referral to a medical panel must be accompanied by a completed 'Referral to Medical Panels' Form and 'Schedule of Attachments' Form.  These forms are available from the panel on the right.