If you think that your premium (or any penalty associated with your premium) is incorrect, you can request a review using the premium review application form.
Subject to strict conditions, a review can also be requested if you think a decision by a WorkSafe agent to accept a workplace injury claim against your WorkCover Insurance is incorrect.
How to request a premium review
Requesting a review of your premium can be done two ways and depends on the matter you want to review.
All requests for a review of your premium (or associated penalty) which have not arisen as a result of a WorkSafe premium compliance audit should be submitted to your WorkSafe agent in the first instance.
You must also include a review of estimated future costs of workplace injury claims to your WorkSafe agent.
You must submit your request for review directly to WorkSafe's premium review team if your premium (or associated penalty) has resulted from:
a WorkSafe premium compliance audit
the acceptance of a workplace injury claim
a recent formal decision by your WorkSafe agent in respect of premium related matters.
Requests received from third parties representing employers must include a letter of authority from the employer to act on their behalf.
While your request for review is being considered you are still required to pay any monies owing on your premium account or adhere to any claim matters by their applicable due dates. Failure to pay amounts owing on time may result in late payment penalties being imposed by your WorkSafe agent.
Premium review timelines
If you think that your premium has been calculated incorrectly and/or that the amount of a premium penalty is excessive, then your review request must be submitted within 60 days after the date of service of the premium notice or penalty notice that is relevant to your objection.
Please note that WorkSafe can only adjust premiums for an employer for the current financial year in which the review request is lodged and the previous four completed financial years.
If you consider that a workplace injury claim has been incorrectly accepted against your WorkCover Insurance registration, then your review request must be submitted within 60 days of receipt of the decision to accept the claim.
If you wish to request a review of a claim's estimated future cost, this request must also be made within 60 days of receiving the annual Claims Statement issued by WorkSafe.
If you wish to request a review of a formal WorkSafe agent review decision, where the WorkSafe agent has formally reviewed the matter previously, these must be lodged with WorkSafe within 28 days of the WorkSafe agent decision.
Any valid review request will be formally acknowledged within 10 days and will normally be processed within 90 days from receipt by WorkSafe. Any invalid review request will be formally declined within 28 days of receipt by WorkSafe.
The Premium Review Officer may need to obtain additional information to assist in the decision-making process. In some matters, it may be appropriate to arrange a site visit. It is important that you cooperate with the entire process.
Whilst your application for a review may be lodged in relation to a specific concern, the Premium Review Officer may consider all necessary and associated issues to determine if your premium is correctly calculated.
A copy of this decision will also be sent to your WorkSafe agent so they can make any necessary adjustments.
What should you do if you're not satisfied with the review outcome?
You may decide to seek independent legal advice.
There are two avenues of recourse following a formal Premium Review Determination (premium or penalty disputes) or Premium Review Decision (claim acceptance disputes) issued by the premium review team of WorkSafe.
You may appeal a Premium Review Determination or a Premium Review Decision to the Supreme Court following the issue of such decision or determination or on a point of law following a formal review by the Victorian Civil Administrative Tribunal (VCAT).
You can make an application to VCAT for a review of a Premium Review Determination by WorkSafe within 60 days of the date of that determination.
Please note that an application to VCAT is only possible in relation to premium/penalty disputes that relate to the 2014/15 premium period and onwards. Any premium or penalty disputes that are associated with the 2013/14 year (and prior) can only be heard via appeal to the Supreme Court of Victoria. The process for applying to VCAT for a review is explained and the required form available from VCAT.
Insurance premium rulings and guidelines
WorkSafe publishes various rulings and guidelines which interpret the law for employers and workers in a way that's easier to understand.
A premium ruling or guideline provides an interpretation, precedent, practice or procedure to be followed in making a decision on your WorkCover insurance.
A ruling or guideline is not binding but interprets the law to help you make sense of it.
You have the right to challenge a decision that is based on a premium ruling or guideline. The issue date on the rulings and guidelines listed below indicates the date that the ruling or guideline was distributed to the public.