2.5.6 Claims by certain types of workers

2.5.6.1 Volunteers & others | 2.5.6.2 Work experience students | 2.5.6.3 Labour hire | 2.5.6.4 Apprentices & young workers

Different requirements apply for certain types of workers.

2.5.6.1 Volunteers & others

Under certain Acts, volunteers assisting government agencies are entitled to compensation in accordance with the legislation if injured whilst carrying out specified duties. Eligible volunteers are also entitled to provisional payments for claims including a mental injury.

See: 6.5 Provisional payments for a mental injury

WorkSafe administers claims by volunteers under other Acts on behalf of the Crown.

Volunteers are not workers unless they are deemed to be and are not entitled to compensation unless specified in an Act of Parliament.

The following Acts provide that volunteers and other persons assisting government agencies are entitled to compensation if injured whilst carrying out relevant duties:

Victoria State Emergency Services Act 2005 (applies to voluntary registered and probationary members of the Victoria SES)
Juries Act 2000 (applies to jurors)
Education and Training Reform Act 2006 (applies to volunteer school workers or volunteer student workers)
Emergency Management Act 1986 (applies to volunteer emergency workers)
Police Assistance Compensation Act 1968 (PAC Act) (applies to volunteers assisting police officers)
Country Fire Authority Act 1958 (CFA Act) (applies to casual fire fighters, including volunteer officers and members and volunteer auxiliary workers).

The compensation is paid directly out of the WorkCover Fund before reimbursement from the Consolidated Fund.

Claims under the:

Country Fire Authority Act 1958 are managed by the CFA
Police Assistance Compensation Act 1968 are managed by the Police Department.

The Agent for the Office of Corrections administers claims in the same way as other claims against the Office.

2.5.6.2 Work experience students

A student:

at a school within the meaning of Division 1 of Part 5.4 of the Education and Training Reform Act 2006 or
of a TAFE provider

is deemed to be employed by the Department of Education and Training while employed under a work experience arrangement, a practical placement agreement or a structured workplace learning arrangement.

Arrangements or agreements entered into prior to 16 May 2006

For arrangements or agreements entered into prior to 16 May 2006, the Department of Jobs, Skills, Industry and Regions is deemed the employer for the following students:

a post-secondary student in a practical placement
a student in an accredited senior secondary course at a TAFE or a university with a TAFE division
senior secondary school student partaking in ‘structured workplace learning arrangement’ as a part of VCE, VCE Vocational Major or the Victorian Pathways Certificate
a student not above the ‘compulsory school age’ (this means ‘not less than 6 nor more than 17 years of age) undertaking a ‘practical placement agreement’

This guideline is pursuant to Administrative Arrangement Order (No. 255) (for claims lodged prior to 1 January 2023, the employer is Department of Education.)

See: Victoria Government Gazette

WIRC sch 1c1

Below are the additional requirements for registering, processing and paying claims made by work experience students.

See: Workers & Injuries

Guidelines issued to schools

The Ministry of Education has issued guidelines (Memorandum T84/102) to all of its schools about work experience students which require the forms to be completed and signed by the work experience student and employer.

The work experience student and the employer are advised of these guidelines before commencing employment.

These guidelines also apply to TAFE colleges.

The school is required to mark the forms ‘Work Experience’ to allow easier identification.

For claims by work experience students, additional signatures are required:

the principal of the school is to sign beneath the places for the employer’s signature as confirmation of the fact that an 'arrangement' as defined exists
the student (worker) and employer are to write on each of the forms that the worker is a full time student and that the type of employment is work experience.

Process	Steps
Written confirmation of work experience required	If the claim does not include confirmation of the existence of an arrangement or agreement between the school or college and the employer, Agents must contact the school or college immediately for written confirmation. Agents are not to register the claim before the existence of an arrangement is confirmed.
Coding student’s claims	If a claim is made by a student on work experience or a workplace arrangement, record the student’s category.
Agent assumes liability	The Agent for the Department of Education and Training must assume the employer’s liability for payment of the first ten days and the initial medical expenses.
Where to send the acceptance or rejection letter	The Agent must send the original acceptance, delay or rejection letter to the employer with a copy to: the school or college of the student Department of Education and Trainign or TAFE Practical Placements at the Placing College for post-secondary student claims lodged prior to 16 May 20026, Department of Jobs, Skills, Industry and Regions
Where to send compensation cheques	The Agent must send weekly payments for a maximum of two weeks to the employer of the work experience student, not to the Department of Education and Training, Department of Jobs, Skills, Industry and Regions or TAFE. Weekly compensation payments may only extend beyond two weeks where a student, suffering a continuing incapacity, is unable to perform his or her normal part time employment.
Agent assumes liability – for post secondary student claims lodged for period prior to 16 May 2006	The Agent for the Department of Jobs, Skills, Industry and Region must assume the employer’s liability for payment of the first ten days and the initial medical expenses (for claims lodged for periods prior to 16 May 2006.

2.5.6.3 Labour hire

A labour hire company is an agency who arranges work placements for workers or trainees with other employers.

A host employer is a firm that uses labour hire workers supplied by a labour hire agency or engages a trainee through a group training company.

The procedure for identifying and registering a labour hire claim is as follows:

Process	Steps
Employer claim form	When an employee of a labour hire company sustains an injury while working at a client’s workplace, the labour hire company must complete the employer claim form by allocating the relevant WIC code of the client’s workplace.
Check employer/workplace details	When the Agent receives a claim from a worker who is employed by a labour hire company they should check whether the correct employer and workplace number have been identified.
Workplace number provided	If the workplace number has been identified on the claim form the Agent must verify that the workplace number matches that of the on-hire company by: verifying the workplace number on ACCtion or contacting the employer by phone.
Workplace number not provided	If the workplace number details have not been provided on the claim form the Agent should: review claim form The Agent should review the claim and where able identify the name and/or industry type of the on-hire company. The Agent can then locate the correct workplace number by matching the relevant details to the workplace registered against the labour hire company in ACCtion. contact employer The Agent should contact the labour hire employer by phone and obtain the correct workplace number for the on-hire company in which the worker was injured and register the claim against the workplace number provided. contact worker If the Agent is not able to contact the employer or identify the name and/or industry type of the on-hire company they can contact the worker and obtain these details. Once the worker has provided this information the Agent can locate the correct workplace number by matching the relevant details to the workplace registered against the labour hire company in ACCtion.
Workplace number is not registered	Labour hire employers are required to register additional workplaces under the labour hire employer’s WorkCover Insurance and then allocate the client’s workplace industry classification to these workplaces. There are three ways in which the labour hire company may have registered workplaces for their on-hired workers: an individual address of the workplace of their clients where they are on-hire workers (workplace level). a new workplace at the address from which the on-hired workers are managed, if they are on-hired to several clients that have the same classification (aggregate level). a combination of the above. If case manager is unable to locate a workplace number related to the particular host employer, they are to liaise with their premium department and the relevant labour hire company to register an appropriate workplace. Note: The claim should initially be recorded against the administration workplace number and transferred to the correct workplace number once it has been registered in ACCtion.

2.5.6.4 Apprentices & young workers

When registering a claim from a worker who at the time of their injury was either:

under the age of 21 years
an apprentice
working under a contract of training, instructions or examination to become qualified for that occupation.

The Agent must:

establish what the worker’s PIAWE would be, had it not been for the injury
contact the employer and worker to establish the anniversary date for increment increase.

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