---
title: "Diary the Victorian response, offer and issuing times on a work damages claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/diary-the-time-to-answer-a-work-injury-damages-claim/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WD20261023-4-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Diary the Victorian response, offer and issuing times on a work damages claim

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/diary-the-time-to-answer-a-work-injury-damages-claim/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | Victoria |
| Applies to | [Diary the time to answer a work injury damages claim](https://ailawframework.com/practice/personal-injury-and-compensation/diary-the-time-to-answer-a-work-injury-damages-claim.md) |

## Checking plan

**Verify against sources**

Count 120 days from receipt of the application, not from the day it was signed.

- What the AI does: 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 does: The lawyer decides which Victorian time applies and whether it has been extended.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Count 120 days from receipt of the application, not from the day it was signed.
2. Diary the statutory offer after the conference, then the counter offer, before any issuing date.
3. Use not earlier than 21 days and not more than 51 days after the counter offer, as WorkSafe states.
4. 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).

## Notes

- 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).

## Practical guide

Jurisdiction: Victoria: the WorkSafe response, the statutory offer and counter offer, and the issuing window

**Deliverable**: A diary of the Victorian response, conference, offer and issuing dates, each tied to the document that starts it.

**Inputs**

- Date the application was received
- Conference date
- Statutory offer and counter-offer dates
- Any section 330 advice

**Example**: 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 escalate when**

- The receipt date cannot be proved.
- A leave date is diarised without the section 330 advice or a consent.

Checked 2026-10-23.

## Sources

- [WorkSafe Victoria: Common law claim for damages](https://www.worksafe.vic.gov.au/common-law-claim-damages) (checked 2026-10-23)
- [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 335](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wiraca2013484/s335.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*