A VCAT ruling on April 10, 2026, confirmed that workers' compensation decisions come without a regulatory safety net.
The case centred on Alexander Cole, a Coles Supermarkets employee who suffered two workplace injuries and lodged workers' compensation claims under the Victorian WorkCover Scheme. As an approved self-insurer, Coles managed those claims entirely in-house, not WorkSafe Victoria.
Dissatisfied with the compensation he received, Cole complained to WorkSafe multiple times between 2018 and 2024. When those complaints went unresolved, he applied to the Victorian Civil and Administrative Tribunal (VCAT) on March 28, 2024, alleging discrimination by WorkSafe under the Equal Opportunity Act 2010 (Vic).
Cole's case was wide-ranging. He claimed WorkSafe discriminated against him in the areas of employment, industrial action and service provision, and that its regulatory role amounted to a public service unfairly withheld from him. He contended that by delegating claims management to self-insurers without adequate oversight, WorkSafe had authorised and assisted a systematically discriminatory system. Cole also argued WorkSafe had a positive duty under the Equal Opportunity Act to prevent discrimination that it was failing to fulfil. He raised breaches of his rights to freedom of association, freedom of expression, the right to take part in public life, liberty, security of person, and a fair hearing under the Charter of Human Rights and Responsibilities Act 2006 (Vic). As remedies, he asked VCAT to declare that WorkSafe had engaged in discrimination, order it to correct the actions causing him harm, and stop the self-insurer scheme. In support, he submitted roughly 2000 pages of material, including two Victorian Ombudsman reports relating to self-insurers' claims management and WorkSafe oversight.
WorkSafe applied for summary dismissal in October 2024. Its affidavit stated: "WorkSafe is not authorised to intervene in the day-to-day management of a self-insurer's workers' compensation scheme or the management of specific workers' compensation claims against a self-insurer."
Senior Member C. Powles agreed, dismissing all claims on April 10, 2026.
On employment discrimination, the Tribunal found that because Cole had never been employed by WorkSafe, the relevant provisions of the Equal Opportunity Act did not apply. On service provision, it found that WorkSafe's oversight function under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) is a statutory, supervisory role rather than a personal service. The Tribunal was clear: "WorkSafe's role under the WIRC Act does not confer a benefit on Mr Cole. Rather, the benefit is to workers in Victoria as a whole because it is designed to ensure a proper, fair and efficient operation of the Scheme."
The victimisation and authorising discrimination claims were also dismissed. Cole had not claimed WorkSafe caused him detriment as a result of the proceedings, and differences in treatment between employees of self-insurers and other workers were found to be a feature of legislation, not an action of WorkSafe.
On the positive duty argument, the Tribunal did not reach the merits. It dismissed the claim on jurisdictional grounds: the positive duty provision sits in Part 3 of the Equal Opportunity Act, and VCAT's jurisdiction extends only to Parts 4, 6 and 7. With the Equal Opportunity Act claims gone, the Charter claims could not survive either.
For HR leaders at self-insured organisations, the ruling is plain. WorkSafe can receive complaints and conduct audits of self-insurer performance, but it cannot intervene in individual claims. Coles has held self-insurer status since November 28, 2021, with approval running to November 28, 2027. For any employer in that position, accountability for fair and legally sound claims management sits entirely with the organisation's HR and claims functions. When a worker is dissatisfied, there is no mechanism through WorkSafe to correct it. The quality of internal processes is all there is.
