Advocacy and Policy Compensation Schemes Update 22 April 2024

The Victorian Government has announced changes to the WorkCover Scheme after the passage of the WorkCover Scheme Modernisation Act 2023. The main changes to the scheme are new eligibility tests for mental injury claims and an additional requirement for workers to continue to receive weekly payments after the 130-week second entitlement period. The following practice directives are available on WorkSafe Victoria’s website:  

• Practice directive – Whole person impairment for ongoing entitlement to weekly payments 
• Practice directive – Mental injury eligibility  

The new legislation also establishes a new Return to Work agency which will pilot supports for injured Victorians and those experiencing work-related mental stress to return to work or training. Whilst mental health OTs are formally recognised as providers under the Scheme, we do not anticipate that these changes will affect OTs. Once the new agency is established, OTA will be using this avenue to advocate for changes that we believe will benefit OTs and reduce red tape under the Scheme, including allowing OTs to issue subsequent certificates of capacity.  

We also met with SIRA, the agency which regulates motor accidents CTP insurance and workers compensation in NSW, to discuss issues relating to OTs. OTA will continue to meet with SIRA on a regular basis.