Fact Sheet 13 - Transport Accident Commission and Victorian WorkCover Authority

The Transport Accident Commission (TAC) and Victorian WorkCover Authority (WorkSafe) administer Victoria’s compulsory third party insurance schemes for injuries arising from transport and workplace accidents respectively.

The TAC processes and manages all Victorian transport accident claims.  WorkSafe engages five insurance agencies to manage and process Victorian workers compensation claims and compulsory employer insurance premiums.  Some Victorian employers are self-insured and manage their own workers compensation claims. A list of the current self-insurers can be found at www.worksafe.vic.gov.au.  WorkSafe is also the regulatory body responsible for enforcing Victoria’s occupational health and safety laws.

The role of the Victorian Ombudsman

The Ombudsman is an independent officer of the Victorian Parliament.  Her office provides a free service that investigates complaints about administrative actions taken by Victorian government departments, local government and most statutory authorities including the TAC and WorkSafe.

Amendments made to the Transport Accident Act 1986 and Accident Compensation Act 1985 extend the Ombudsman’s jurisdiction to include WorkSafe agents, certain delegates and self-insurers.  This allows the Ombudsman to approach private organisations in relation to workers compensation matters.

Making a complaint to the Ombudsman

The Ombudsman can consider complaints about the administrative actions of the TAC, WorkSafe, WorkSafe agents and employers who are self-insured.  In relation to WorkSafe matters, the Ombudsman may also consider complaints relating to the Accident Compensation Conciliation Service and WorkCover Assist.

If you are dissatisfied with the administrative actions relating to a TAC and/or WorkSafe related matter, you should first complain to the organisation responsible for the administrative action.  This provides the organisation with an opportunity to address your concerns and resolve your complaint. Your complaint may also help the organisation identify necessary changes to their policies or procedures.  For more information on how to make a complaint, see Fact Sheet 2.

If your complaint remains unresolved, the Ombudsman may consider it. In this regard, it is helpful if you:

  • describe the specific administrative action that is the subject of your complaint
  • document the action/decision you are unhappy with; who was responsible for the action/decision; and when the action/decision occurred
  • include the details of your complaint to the organisation and a copy of the organisation’s response
  • explain why you are dissatisfied with this response
  • outline what you are seeking to achieve by contacting the Ombudsman.

What types of complaint are relevant to the Ombudsman?

Generally, the Ombudsman does not review the merit of a specific claims decision or investigate a complaint where the complainant has a right to appeal to a court or tribunal.  However, the Ombudsman can examine the processes and procedures used by agencies and bodies in handling claims and complaints.  For example the Ombudsman may consider whether a decision-maker complied with appropriate policies and procedures when making a claims decision.

 

Please note: This document is intended as a guide only. For this reason the information contained herein should not be relied on as legal advice or regarded as a substitute for legal advice in individual cases. To the maximum extent permitted by the law, The Victorian Ombudsman is not liable to you for any loss or damage suffered as a result of reliance on this document. For the most up-to-date versions of cited Acts, please refer to www.legislation.vic.gov.au.

 
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Contact Details

Victorian Ombudsman
Level 2
570 Bourke Street
Melbourne VIC 3000
Phone                     03 9613 6222
Toll free                  1800 806 314
Fax                         03 9602 4761
TTY                        133 677 or
                               1800 555 677
Interpreter service  131 450