---
title: "Statutory counter offer before a Victorian serious injury damages proceeding"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/vic-worksafe-statutory-counter-offer"
type: "precedent"
site: "AI Law Framework"
id: "a21-vic-worksafe-statutory-counter-offer"
area_id: "A21"
kind: "letter"
ai_level: "yellow"
version: 1
task_ids: ["A21-WD20261023-5", "A21-T1-R10", "A21-T1-R13"]
law_stated_as_at: "2026-10-23"
---

# 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).…

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/vic-worksafe-statutory-counter-offer  
Law stated as at: 2026-10-23

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

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.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: Victoria
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-23
- Status: Maintained. Checked on 2026-10-23 against the authority it cites, for Victoria.

## 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

- [Prepare the statutory conference record for a work injury damages claim](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-statutory-conference-record-for-a-work-injury-damages-claim.md)
- [Draft a settlement advice and conference paper](https://ailawframework.com/practice/personal-injury-and-compensation/draft-a-settlement-advice-and-conference-paper.md)
- [Draft correspondence to the insurer or scheme agent](https://ailawframework.com/practice/personal-injury-and-compensation/draft-correspondence-to-the-insurer-or-scheme-agent.md)

## 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

## Authorities

- [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 333 (conference, statutory offer, statutory counter offer, and the window for commencing proceedings)](https://classic.austlii.edu.au/au/legis/vic/consol_act/wiraca2013484/s333.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/vic-worksafe-statutory-counter-offer and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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