Letter · Personal Injury & Compensation

Statutory counter offer before a Victorian serious injury damages proceeding

The worker's statutory counter offer under section 333 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). It is made in writing if the worker does not accept the statutory offer within 21 days after that offer is made.

Kind: Letter. A letter or email you adapt and send.
Where it applies: Victoria
AI use: Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at: 23 October 2026
Status: Maintained. Checked on 23 October 2026 against the authority it cites, for Victoria.
Version: 1
Source: Written for this library

When to use it

Use when the Authority or a self-insurer has made a written statutory offer and the worker will make a statutory counter offer before that 21-day period ends. The client approves the terms. This letter is not the serious injury application.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool may assemble the counter offer from the client's written instructions, and the lawyer fixes the terms and checks the 21-day period before it is sent.

AI may

Fill the parties, the claim and the client-approved terms into the letter
Count 21 days from the date the statutory offer was made and flag a counter offer that would go past that date
Keep the statement that this letter is the statutory counter offer under section 333
Leave the start of any proceeding out of this letter

AI must not

Must not choose or change the terms of the counter offer
Must not describe a deemed counter offer. Section 334 was not opened
Must not state that the statutory offer has to be an offer of money, or invent a form number
Must not commence, or date, the damages proceeding in this letter

The lawyer checks

Section 333(a): the conference is held or begun within 21 days after the response date. The definition of response date is in section 325, which was not opened
Section 333(b): the Authority or self-insurer makes the statutory offer in writing at the conference, or after it begins and no later than 60 days after the response date
Section 333(c): if the worker does not accept that offer within 21 days after it is made, the worker makes this counter offer in writing before that period ends
Section 333(d) gives the Authority or self-insurer 21 days to accept the counter offer. The worker does not start the proceeding in that period
Section 333(e): proceedings are not started earlier than 21 days, or more than 51 days, after the counter offer. The 30-day limb applies only if a counter offer is deemed under section 334(2). That section was not opened
The exceptions in the opening words are an application under section 335(2)(d), or commencement with the Authority's consent under section 337. Those sections were not opened
No statutory-offer form was opened. Do not add a form number. Do not say the offer cannot be a money offer
This letter is not a TAC protocol offer and not an offer under the court rules. Sanction of a compromise was not opened
Health information stays in the firm-controlled tool. Conduct rules and privacy principles were not opened

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 333 (conference, statutory offer, statutory counter offer, and the window for commencing proceedings)

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