Background
In 2010, changes to Victorian workers’ compensation legislation introduced an entitlement for injured workers to receive compensation in the form of superannuation contributions, payable under:
- s93CE Accident Compensation Act 1985
- s168 Workplace Injury Rehabilitation and Compensation Act 2013
When WorkSafe (via its Authorised Agents) makes these superannuation contributions:
- it is doing so not in its capacity as an employer, but as a third party contributor
- the injured workers to whom superannuation contributions are paid are not employees of WorkSafe, or of its Agents, but are workers who have super entitlements as part of their workers’ compensation payments
The Australian Taxation Office's advice is that:
- WorkSafe's super contributions on behalf of injured workers are to be considered third party contributions (non-mandated contributions), rather than employer contributions
- WorkSafe and its Agents are therefore not obliged to implement the Superannuation Data and Payment Standards 2012 and SuperStream requirements which apply to employers
WorkSafe's payment of third party contributions
WorkSafe's default method of payment to a super fund for third party contributions is via cheque.
If you, as a super fund, would like WorkSafe to make these contributions via EFT, please complete the Electronic funds transfer (EFT) application form - superannuation funds. Note that WorkSafe cannot accept the form if it is not signed.
For more information contact the Australian Taxation Office directly or refer to:
Note: When an injured worker completes their Choice of superannuation fund form, they provide consent for WorkSafe and its Agents to communicate with the worker’s chosen super fund as is necessary to facilitate the payment of superannuation contributions.