Entity Changes
If an approved Occupational Rehabilitation provider organisation ‘entity’ changes, the OR provider may be required to notify the Victorian Workcover Authority (VWA) in accordance with the OR Provider Agreement in place between the provider organisation and the VWA. The most common entity changes experienced by OR provider organisations include (but are not limited to):
- Sale or acquisition of an approved OR Provider organisation;
- A change in the parent company of an approved OR provider organisation;
- A change in the nominated principal of an approved OR provider organisation
Entity Change Guidelines
In 2004, Blake Dawson Waldron Lawyers drafted guidelines for partnerships, sole traders, and corporations approved as OR provider organisations who may be considering a change in their circumstances. The guidelines are not intended to replace independent legal advice but may assist OR provider organisations determine whether they need to notify the VWA of these changes in accordance with the OR Provider Agreement in place between the provider organisation and the VWA.
Novation Agreement requirements
Where an OR provider wishes to sell or purchase an approved OR provider organisation, and the VWA has consented to this sale or acquisition, a Novation Agreement is required to be signed by the outgoing party, the incoming party, and the VWA. This Novation Agreement transfers all rights and responsibilities under the OR Provider Agreement from one party to another
The VWA has a template for this purpose however, it is not intended that this Novation Agreement template replace independent legal advice.
All queries regarding proposed entity changes to an approved OR provider organisation should be directed to Rehabilitation Services Branch on 03 9641 1199.
