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Guide 3 - Entitlements to Victims Compensation and Workers Compensation

Section 30(4) of the Victims Support and Rehabilitation Act 1996 provides that where an applicant has an entitlement to workers compensation or payment in the nature of workers compensation the determination of the application is to be postponed until any entitlements to workers compensation have been determined.
The purpose of this provision was made clear by the Attorney General, introducing the 1996 Victims Compensation Bill into the Legislative Council on 15 May 1996, when he said:

"The Government's proposals will ensure that there is no longer any potential for double dipping between victims compensation and the workers compensation scheme. The Government has no intention of excluding any person injured by an act of violence in the course of employment from access to victims compensation where they have a compensable injury.

However, the victims compensation scheme will only be funding the relevant award to the extent of any amount not recoverable under workers compensation. Under the reform proposal where the compensation assessor is satisfied that an applicant may be eligible to claim workers compensation, determination of the victims compensation claim will be postponed until their workers compensation entitlements have been determined".

An interim award may be made in the case of an applicant in severe financial hardship or in such other circumstances as considered appropriate.

Cec Brahe
Chairperson, Victims Compensation Tribunal
28 April 2000