WCIRS frequently asked questions (FAQs)

An independent review of a 'reviewable decision' can be requested:

• by you, as the worker to whom the decision relates
• on your behalf by a nominated person or representative who is 18 years or older
• by your legal guardian or a representative or person nominated by your legal guardian if you are under 18 years of age or you are living with a legal disability, as long as that nominated person is 18 years or older

Unless there are exceptional circumstances, an independent review can be requested:

• within 6 months of becoming aware of a 'reviewable decision' made by or on behalf of WorkSafe (unless the Worker referred a dispute to Conciliation within 6 months which remains unresolved), and
• within 30 days of -
  • a Workplace Injury Commission (WIC) Conciliation Officer issuing a Genuine Dispute Outcome Certificate (GDOC) relating to the decision; or
  • a court revoking a direction issued by an WIC Conciliation Officer and finding there is a Genuine Dispute in relation to the decision, and
• before a court or arbitration -
  • listing the matter for a final hearing date for review of the decision, or
  • referring a medical question relating to the decision to the Medical Panel for assessment

If the 'reviewable decision' is listed for a final court or arbitration hearing date or referred to the Medical Panel during an independent review, we will cease the review and take no further action.

Please see 'Changes to WCIRS applications timelines' for further information about the timeframe for applying for a WCIRS review.

Exceptional circumstances are those which are out of the ordinary, unavoidable or unexpected.

Whether there are exceptional circumstances will depend on the worker's particular situation. They are circumstances that:

• are outside the worker's control;
• the worker could not reasonably have prevented or accommodated; and
• they must have had a significant and demonstrably negative effect on the worker’s ability to apply to WCIRS within the prescribed time limit

In the context of a WCIRS application, the fact that the worker has suffered an injury requiring treatment will not ordinarily be considered an exceptional circumstance.

Please see the WCIRS exceptional circumstances policy for further information.

There are circumstances where the WCIRS can still review the decision without a GDOC. Sometimes after a 'reviewable decision' has been through a conciliation, the conciliation officer might direct the agent to pay compensation in relation to that decision. The direction might be revoked by a court because there is a genuine dispute about the decision. The date of the court finding can be used instead of a GDOC date on an application for independent review to the WCIRS.

You can seek help from:

• the WCIRS by calling 03 4243 7061
• WorkCover Assist by telephoning 03 9941 0537, or email your enquiry to [email protected]
• Union Assist by telephoning 03 9639 6144 or, if you are a member of one of the unions supported by Union Assist, sending an online message via the Union Assist website
• your individual union representative
• a lawyer

If you need a lawyer, the Law Institute of Victoria offers a 'Find a lawyer referral service' on its website.

WorkSafe does not pay for the cost of your lawyer for a WCIRS review.

Who to contract for help with your WCIRS review

• WorkCover Assist
• Union Assist
• We Are Union: Victorian Union list
• Find a Laywer referral service

You or your nominated person or representative will need to lodge an application form to ask WCIRS to review a reviewable decision.

The form only asks you for information that we need to complete the review. Although we have  access to your compensation claim information, this form will ask you for some of that information in order to verify your identity and to understand which decision you would like us to review.

It's important for us to get a complete understanding of why you believe the decision doesn’t seem right. You can tell us why in the ‘request an independent review’ form.

Lodging an application form with us is easy. You can lodge a request for an independent review using any one of these channels:

1. Digital form
2. PDF application form
3. You can call our friendly service team on 03 4243 7061 who can assist in completing the application form and email or post it to you to review, sign and return to us by email or post. If you need a translator when calling us, please let us know when we answer and we'll be happy to assist.

Request forms

• Request an independent review (digital version)
• Request an independent review (printable PDF form)

Within one business day, we will let you (or your nominated person or representative) know in writing if the application has been accepted.

If accepted, an Independent Review Officer (IRO) will contact you (or your nominated person or representative) within 2 business days to discuss the application.

The review will be finished within:

• 15 business days for a decision about provisional payments
• 42 days for a decision about medical and like services
• 56 days for decisions about rejecting a claim for compensation and weekly payments

Sometimes we may not be able to finish the review within these times but we will tell you if that is going to happen.

We will call you and/or your nominated person or representative to let you know the outcome of the review before we send it to you in writing.

You can contact the IRO conducting the review to request an update or email the 'Managing Special Counsel of Independent Review' at [email protected], who will investigate any delay.

You may be able to have the decision reviewed at arbitration or by a court. You can obtain advice from:

• WorkCover Assist
• Union Assist
• your individual Union representative
• a lawyer
• the Workplace Injury Commission to find out if you can apply for arbitration

We understand that sometimes decisions are wrong. The IRO will consider all the relevant information about your claim, including why you think the decision is wrong, the compensation law and then decide whether it is a 'sustainable decision' meaning that it has reasonable prospects of being upheld by a court.

The role of the IRO is to review all relevant information to determine whether or not the decision being reviewed is 'sustainable'. A sustainable decision is one which has a reasonable prospect of being maintained by a court, taking into account the information that was before the agent and any further information provided to the IRO during the review period.

More information about how an IRO assesses the sustainability of a decision can be found at:

• How the Workers Compensation Independent Review Service assesses and reviews decisions

Yes, you can withdraw your application at any time before a final outcome is communicated to you.

If you would like to withdraw your application, please call the WCIRS on 03 4243 7061. ou will also need to confirm any request to withdraw in writing to​​​​​​​ [email protected].

If you're under the age of 18 years or are living with a legal disability, your legal guardian, representative or person nominated by your legal guardian who is 18 years or older will need to represent you.

If you are over 18 years of age, you do not need to be represented to lodge an application with the WCIRS.

The WCIRS team can also help lodge an application. However, if you would like to be represented, you are able to:

• nominate a friend or family member to represent or assist you, provided that person is 18 years or older
• ask WorkCover Assist by telephoning 03 9941 0537, sending an email enquiry to [email protected]
• ask Union Assist to represent or assist you by telephoning 03 9639 6144 or, if you are a member of a union supported by Union Assist, sending an online message via the Union Assist website
• ask your individual union representative to represent or assist you
• see a lawyer. If you do not have a lawyer, the Law Institute of Victoria offers a 'Find a lawyer referral service'

Contacts for representation

• WorkCover Assist
• Union Assist
• We Are Union: Victorian Union list
• Find a Lawyer referral service

There are two possible outcomes once an Independent Review Officer (IRO) has completed their review.

Based on the findings of the review, the IRO can:

• disagree with the decision because it is not sustainable and direct the agent to overturn it, or
• confirm the agent's decision

At any time before the end of the review, an agent can also withdraw a decision if they agree the decision is not sustainable.

If the IRO is reviewing a decision made by the WorkSafe Claims and Recovery Support Division (rather than an agent), the IRO may:

• disagree with the decision because it is not sustainable and WorkSafe will withdraw the decision, or
• confirm WorkSafe's decision

It depends on whether the worker was already receiving a payment or service at the time the decision was made.

Already receiving a payment or service at the time of the decision

If you were already receiving a weekly payment related to the decision or a medical or like service when the decision was made, within 2 business days of the decision being overturned or withdrawn the agent/Claims and Recovery Support Division will:

• restore the payment or service, including payments or services the agent would have been required to pay if it had not made the overturned or withdrawn decision; and
• write to you confirming this has occurred

The agent/Claims and Recovery Support Division may also choose to make a new decision after a decision is overturned or withdrawn and write to you to let you know what the new decision is.

Not receiving a payment or service at the time of the decision

If the reviewable decision that is overturned or withdrawn relates to a decision not to accept liability for your claim (including injury, condition or disease) or not to pay a weekly payment or for a medical and like service that you were not receiving at the time the decision was made, within 2 business days of the decision being overturned or withdrawn the agent/Claims and Recovery Support Division will:

• start making a new decision in accordance with the IRO’s review and
• write to you confirming that this has occurred

The decision will stay the same. If you still disagree with the decision you can start or continue an application for arbitration or dispute the decision in court.

We encourage workers to seek independent legal advice about any time limitations for lodging an application for arbitration or at court.

After reviewing your application, the Independent Review Officer (IRO) can only overturn or confirm the 'reviewable decision'. The IRO is not able to decide or direct the agent to:

• replace the 'reviewable decision' with a new decision, or
• change or alter the substance or outcome of the 'reviewable decision'

Yes. A WCIRS independent review is an optional dispute resolution process before lodging an application for arbitration or at court.

• Find a Laywer referral service

No. The WCIRS is a free service and it does not pay for any legal costs you may have in seeking an independent review.

No. WCIRS cannot direct the agent to pay for medical reports for your independent review.

Personal and health information collected for your application will be used for validating and assessing your application. The information may also be used for administering and enforcing legislation administered by WorkSafe, administration and evaluation of WorkSafe’s programs generally and legal proceedings. Subject to Section 595 of the Workplace Injury Rehabilitation and Compensation Act 2013 and other legislation administered by WorkSafe, WorkSafe may disclose this information to its contractors and agents, to other regulatory agencies, to a court or tribunal and to any person or organisation authorised by the individual to whom it relates, or by law, to obtain it. Collection of this information is authorised by the legislation administered by WorkSafe.

If you do not provide the required information, your application may not be accepted or processed. Individuals have rights of access to personal and health information WorkSafe holds about them: contact the WorkSafe Freedom of Information Officer. For more information see WorkSafe’s Privacy Policy:

• Privacy policy 

We understand this information can seem complex. Please contact our service team directly on 03 4243 7061 between 8:30am and 4:30pm, Monday to Friday if you need any help. If you require a translator service, please let our team know when you call.

WCIRS offers a free, fast and independent avenue for injured workers to have disputed agent decisions about their claims reviewed. It was established in 2020 in response to a report by the Victorian Ombudsman' which recommended the establishment of a dedicated WorkSafe business unit to independently review disputed decisions made by WorkSafe agents.

From Monday 16 January 2023, unless there are exceptional circumstances, injured workers who wish to apply to the WCIRS must do so:

• within 30 days of the date a Genuine Dispute Certificate (GDC) was issued by the Workplace Injury Commission (WIC) after conciliation, and
• within 6 months of becoming aware of the disputed agent decision being made (unless the Worker referred a dispute to Conciliation within 6 months which remains unresolved)

On 1 September 2022, the WIC introduced a new arbitration service for workers. To be eligible for arbitration, workers must apply within 60 days of receiving a GDC after conciliation. An arbitration hearing must start within 30 days of the dispute being referred.

The changes to the WCIRS application timelines complement and support the introduction of the arbitration service. They will do this by ensuring reviews can be completed in time for workers to still meet the deadline for referrals for arbitration.

In addition, the changes to the WCIRS application timelines will ensure that:

• workers can continue to access the service and receive contemporary, quick and fair review outcomes
• the review process is not unnecessarily drawn out or complicated by further agent decisions which may need to be changed if a disputed decision is overturned a long time after it is made and
• support more timely review while medical entitlements and evidence are relevant and current

From 16 January 2023.

Arbitration provides a faster, less formal and less expensive alternative for dispute resolution to litigation, the outcome of which is binding on both parties (i.e. agent and injured worker). By contrast, a review decision via the WCIRS is non-binding, leaving workers with a further review option (via arbitration or court) should they remain unsatisfied with the outcome.

Exceptional circumstances are those which are out of the ordinary, unavoidable or unexpected. Whether there are exceptional circumstances will depend on the worker’s particular situation. They are circumstances that:

• are outside the worker’s control
• the worker could not reasonably have prevented or accommodated and
• they must have had a significant and demonstrably negative effect on the worker’s ability to apply to WCIRS within the prescribed time limit

In the context of a WCIRS application, the fact that the worker has suffered an injury requiring treatment will not ordinarily be considered an exceptional circumstance.

See the WCIRS exceptional circumstances policy for further information.

Under compensation law, where a decision is sent by post, it is reasonably assumed the worker becomes aware of the decision two business days after posting. Under the Electronic Transactions (Victoria) Act 2000, where a decision is sent by email, it is reasonably assumed the worker becomes aware of the decision on the same day it was emailed. These ‘awareness’ assumptions apply unless the worker provides evidence of when they received the decision by mail or the email.

Yes, similar to disputes referred for litigation in court, WCIRS can review a decision at arbitration until it is listed for a final hearing.

WorkSafe will update its website, post on its social channels and directly communicate the change to key stakeholders before 16 January 2023.

There are no other changes to the criteria to apply for an independent review and WCIRS will continue to review decisions relating to:

• weekly payments (rejection, termination, suspension, failure to reinstate and PIAWE – i.e. Pre Injury Average Weekly Earnings)
• eligibility (rejection of claim for compensation)
• medical and like services