Compare a WorkSafe weekly-payments decision with the certificate of capacity
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the weekly-payments decision and the certificates the lawyer supplies, table the finding on work capacity against each certificate. The tool does not write a conciliation application or decide the entitlement.
- What the lawyer must review
- Use the certificate for pre-injury or suitable duties. Payments differ for no current capacity and for some capacity.
- After 130 weeks on or after 31 March 2024: no capacity indefinitely, and impairment of 21 per cent or more.
- A dispute can go to conciliation. The Commission asks for the application within 60 days of the decision.
- The lawyer decides whether the decision is supported. The tool does not write the application.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. WorkSafe Victoria weekly payments, and Workplace Injury Commission conciliation if the decision is disputed
Produce. A comparison of the decision with the certificates of capacity. Not a conciliation application.
Have ready. The weekly-payments decision and its date; Certificates of capacity and the period they cover; Whether the claim has passed 130 weeks, and when.
Example of the limit. Illustrative example: The decision stops payments after 130 weeks. The latest certificate says suitable duties are available. The table shows that clash and the 31 March 2024 dual test. The lawyer decides whether to apply for conciliation. The tool does not complete the form.
Stop and hand it back when
- The certificate dates do not cover the decision.
- The table states that payments must continue.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the weekly-payments decision and the certificates the lawyer supplies, table the finding on work capacity against each certificate. The tool does not write a conciliation application or decide the entitlement. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Separate no current work capacity from current work capacity. The WorkSafe page uses both, and the rates are not the same.
- Record the entitlement period: the first 13 weeks, 14 to 130 weeks, and after 130 weeks. Do not use a rate from the wrong period.
- After 130 weeks, apply the dual test only where the claim reached 130 weeks on or after 31 March 2024: no capacity for any work likely to continue indefinitely, and permanent whole person impairment of 21 per cent or more.
- If the lawyer decides to dispute the decision, the conciliation page says to send the application within 60 days and to include the decision and, where payments were not made, the certificates.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Certificate of capacity / certificate of fitness (SIRA) | Form | AI use Yellow | Link to SIRA's certificate of capacity and certificate of fitness for workers compensation and CTP, including the doctor's certificate and the person's employment declaration. |
| Request for a review of a New South Wales motor accident or workers compensation decision | Letter | AI use Yellow | A New South Wales letter asking a motor accident insurer for an internal review, or a workers compensation insurer for a review under section 287A. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- WorkSafe Victoria: Weekly payments · 2026-10-23
- Workplace Injury Commission: Conciliation · 2026-10-23
The first-period rate on the WorkSafe page for no current work capacity is 95 per cent of pre-injury average weekly earnings, capped at twice State average weekly earnings. The second period is 80 per cent. Overtime and shift allowance stop after 52 weeks. The lawyer checks the page on the day.
The statutory sections for these rates were not opened. The WorkSafe page was used, and it attributes the rates to the Workplace Injury Rehabilitation and Compensation Act 2013.
Keep health, wage and scheme records in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether any breach is notifiable under the Privacy Act 1988 (Cth).