Set out Victorian weekly-payment questions after 130 weeks
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the payment history and the capacity certificates, set out the first and second entitlement periods and the section 163 and section 165 questions. Do not decide that payments end.
- What the lawyer must review
- You decide whether payments continue. The tool does not
- Open the transitional provision before using the impairment limb
- Confirm the dollar figure against the current indexed amount
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: weekly payments under the Workplace Injury Rehabilitation and Compensation Act 2013, approaching or after 130 weeks
Produce. A question table. The lawyer decides whether payments continue.
Have ready. The weeks paid or payable and the current certificate of capacity; Any whole person impairment assessment and its date; Hours and earnings if the worker has returned to work.
Example of the limit. Illustrative example: The table shows 130 weeks paid and some current work capacity. It sets out the section 163(1) limbs and the section 165 application, and it records both $177 in the Act and $257 on the WorkSafe page. It does not say payments have ended. The lawyer confirms the indexed figure and decides.
Stop and hand it back when
- The table says weekly payments have ended.
- The impairment limb is being applied to a review before 31 March 2024 and the transitional provision has not been opened.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The WorkSafe page calls the first 13 weeks the first entitlement period. The second-entitlement FAQ, reviewed on 11 July 2025, calls the next 117 weeks the second entitlement period, so that 130 weeks have been paid or payable. With no current work capacity, the page states 95 per cent of pre-injury average weekly earnings, up to twice State average weekly earnings, for the first 13 weeks, then 80 per cent up to the statutory maximum, with overtime and shift allowances in the earnings figure stopping after 52 weeks. With current work capacity, the page states 95 per cent minus current earnings for the first 13 weeks, then 80 per cent minus 80 per cent of current earnings, and overtime or shift allowances only for the first 52 weeks.
- Section 163(1), which is subject to section 165, says weekly payments cease at the end of the second entitlement period unless the Authority or self-insurer determines both that the worker has no current work capacity likely to continue indefinitely and that the worker has a whole person impairment of more than 20 per cent. Section 163(2) states the later rate as the lesser of 80 per cent of pre-injury average weekly earnings less the deductible amount and 80 per cent of any current earnings, or twice State average weekly earnings less 80 per cent of any current earnings. Section 163(3) requires a capacity review not less than once every 2 years.
- The opened section 163(1) has no date and says more than 20 per cent. The WorkSafe weekly-payments page says that, where the claim reached 130 weeks on or after 31 March 2024, the worker must have no capacity for any work likely to continue indefinitely and a permanent whole person impairment of 21 per cent or more. The FAQ says the impairment limb is additional for claims that reach 130 weeks after 31 March 2024 and describes it as 21 per cent or more. The transitional provision was not opened. Do not apply the impairment limb to an earlier review until it is.
- Section 165 is the current-work-capacity application. It must not be approved unless the worker has returned to work for at least 15 hours a week with earnings, or earnings and non-pecuniary benefits within section 155(1)(d), of at least $177 a week, is likely to continue indefinitely to be incapable of further additional employment that would increase those earnings, and has a whole person impairment of more than 20 per cent. The Authority or self-insurer has 28 days to approve or reject, advise in writing, and give reasons if it rejects. The WorkSafe page instead says at least $257 a week, indexed annually, and 21 per cent where the claim reached 130 weeks on or after 31 March 2024. Confirm both figures against version 054 and the current indexation.
Sources
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 163 · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 165 · 2026-10-23
- WorkSafe Victoria: Weekly payments information · 2026-10-23
- WorkSafe Victoria: Second entitlement period frequently asked questions · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013, in force version 054 (effective 2 October 2026) · 2026-10-23
The WorkSafe page says superannuation contributions may start after 52 weeks if criteria are met. It does not set the criteria out. Retirement age on that page is pension age under the Social Security Act 1991 (Cth). The FAQ says that if payments do not continue, the worker receives 13 weeks' notice and medical and like benefits continue.
The Workplace Injury Rehabilitation and Compensation Act 2013 is in force as version 054, effective 2 October 2026. If this table is later sent to the Workplace Injury Commission or filed, the lawyer writes that document. No Commission generative-AI practice note was found.