Diary the Victorian response, offer and issuing times on a work damages claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, list each Victorian response and issuing time from the receipt date and the counter-offer date on the file, and the date it falls due. Do not decide that a step is out of time.
- What the lawyer must review
- Decide which clock applies, and whether consent has extended the leave time.
- Count the 120 days from the receipt date the file can prove.
- Do not diary an issuing date until the counter-offer date is known.
- Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: the WorkSafe response, the statutory offer and counter offer, and the issuing window
Produce. A diary of the Victorian response, conference, offer and issuing dates, each tied to the document that starts it.
Have ready. Date the application was received; Conference date; Statutory offer and counter-offer dates; Any section 330 advice.
Example of the limit. Illustrative example: The counter offer is undated. The tool lists the 21-day and 51-day window as not yet calculable. The lawyer does not treat a guessed date as the start.
Stop and hand it back when
- The receipt date cannot be proved.
- A leave date is diarised without the section 330 advice or a consent.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, list each Victorian response and issuing time from the receipt date and the counter-offer date on the file, and the date it falls due. Do not decide that a step is out of time. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Count 120 days from receipt of the application, not from the day it was signed.
- Diary the statutory offer after the conference, then the counter offer, before any issuing date.
- Use not earlier than 21 days and not more than 51 days after the counter offer, as WorkSafe states.
- Diary a leave application within 30 days after advice under section 330(1). A later application needs the Authority's consent under section 337(1).
Sources
- WorkSafe Victoria: Common law claim for damages · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 335 · 2026-10-23
WorkSafe says it or the self-insurer has 120 days from receipt to respond in writing on whether the injury is serious. If it is serious, the parties conference. The Authority or self-insurer then makes a written statutory offer, which may not be an offer of money. If it is not accepted, the worker's legal practitioner makes a written statutory counter offer. WorkSafe says proceedings are not issued earlier than 21 days, and not more than 51 days, after that counter offer. If the injury is not accepted as serious, a leave application under section 335(2)(d) is made within 30 days after advice under section 330(1), or later with the Authority's consent under section 337(1). The Ministerial Directions on the WorkSafe page commenced on 1 November 2024. This diary is not a count of a general limitation period. That period was not opened.
Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).