---
title: "Compare a WorkSafe weekly-payments decision with the certificate of capacity"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/review-a-work-capacity-decision-against-the-capacity-evidence/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WR20261022-4-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Compare a WorkSafe weekly-payments decision with the certificate of capacity

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/review-a-work-capacity-decision-against-the-capacity-evidence/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 | 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. |
| Written for | Victoria |
| Applies to | [Review a work capacity decision against the capacity evidence](https://ailawframework.com/practice/personal-injury-and-compensation/review-a-work-capacity-decision-against-the-capacity-evidence.md) |

## Checking plan

**Verify against sources**

The lawyer compares the decision with the certificates and decides whether to seek conciliation.

- What the AI does: 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 does: Decide whether the decision is supported and whether to apply for conciliation.
- 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. Separate no current work capacity from current work capacity. The WorkSafe page uses both, and the rates are not the same.
2. 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.
3. 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.
4. 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.

## Notes

- 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).

## Practical guide

Jurisdiction: WorkSafe Victoria weekly payments, and Workplace Injury Commission conciliation if the decision is disputed

**Deliverable**: A comparison of the decision with the certificates of capacity. Not a conciliation application.

**Inputs**

- 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**: 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 escalate when**

- The certificate dates do not cover the decision.
- The table states that payments must continue.

Checked 2026-10-23.

## Sources

- [WorkSafe Victoria: Weekly payments](https://www.worksafe.vic.gov.au/weekly-payments-information) (checked 2026-10-23)
- [Workplace Injury Commission: Conciliation](https://www.wic.vic.gov.au/conciliation) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Certificate of capacity / certificate of fitness (SIRA)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-sira-certificate-of-capacity.md) | Form | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-insurer-review-request.md) | Letter | 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. The motor accident part may be sent as a letter. |

Signed-in accounts can read the full text of each one.

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