COMPARISON OF WORKERS' COMPENSATION ARRANGEMENTS
DISPUTE RESOLUTION
DISPUTE RESOLUTION
DISPUTE
COMMONWEALTH*
VICTORIA
NEW SOUTH
SOUTH 
RESOLUTION
WALES
AUSTRALIA
The SRC Act provides
Direct external review for
Disputed workers'
Reconsideration
that when a party is not
employer levy objections
compensation claims
Claim determinations
satisfied with an initial
and contribution be prior
The Workers'
may be reconsidered
decision made in relation
insurers (VCAT   see
Compensation Commission by an officer who was
to their worker's
below) and
(WCC), which commenced
not involved in the
compensation claim,
premium disputes
operations in January 2002, original decision. A
they may request an
(Courts) Otherwise
replaces the Workers'
reconsideration must
internal
disputes must go to
Compensation Resolution
be conducted within 7
`reconsideration'. Should
Conciliation first
Service and deals with
days of being
a dispute still exist
Proceed to courts only if
disputed workers'
requested.
following the
worker has taken
compensation claims in
Conciliation
reconsideration process,
reasonable steps to settle
NSW (except for coal
An independent
then a party may apply to
and Certificate is issued
miners and for applications conciliator may take
the Administrative
to that effect by a
of determination that were
appropriate steps to
Appeals Tribunal (AAT)
conciliation officer:
lodged with the
allow parties to reach
for review of such a
Compensation Court before agreement, but cannot
decision.
(a)  Magistrates Court:
1 April 2002).
cases involving a sum not
force an agreement
The AAT's processes
greater than $40,000.00
Any party to a workers'
Arbitration
include compulsory
or not greater than 104
compensation dispute can
After a formal hearing
conciliation, and the AAT
weeks arrears of weekly
make an application to the
of both sides, an
has the discretion to
payments
WCC (except for disputes
arbitration officer may
make or decline to make
about permanent
hand down a decision
a decision in the terms
(b) County Court: cases
impairment, when only a
that binds both sides,
agreed to by the parties.
involving greater than
worker or their
subject to appeal
The AAT must be
$40,000.00 or greater
representative can make an
`satisfied that a decision
than 104 weeks weekly
application). There are no
Judicial Review
in those terms or
payments
filing fees involved and an
A Tribunal hearing
consistent with those
(c) Appeal on matter of
injured worker can be
before one Member
terms would be within
law to Supreme Court
represented by their union
Full Bench Appeal
the powers of the
Medical Panels: give
or their lawyer.
Appeal on a matter of
Tribunal'. The AAT can
opinion on medical
The WCC is headed by a
law to Full Bench of
also make determinative
questions referred by
Judge as president and it
the Workers'
decisions. A party may
conciliation officer or the
has two deputy presidents.
Compensation Tribunal
apply from the AAT to the
court. Opinion of the
Arbitrators, most of whom
Appeal to the
Federal Court on
Panel is final and binding
are legally qualified or
Supreme Court
questions of law.
on all parties including
experienced in injury
Cases stated by Full
the courts.
management, mediate on
Bench of the Tribunal
Other issues:
disputed matters. Approved to Supreme Court on a
Medical Specialists will
question of law
Victorian Civil and
assess disputes about
Administrative tribunal
Levy
medical issues. 
(VCAT):
The legislation also
The preferred option the
provides review rights
(a) contribution disputes
WCC uses for resolving
for employers of
between self insurers and disputes is to mediate,
certain decisions
between the Authority and however if the dispute
impacting on penalty
self insurers
remains unresolved, it will
interest, levy or fines
(b) contributing
arbitrate.
These reviews are
employer/self 
The types of issues the
conducted under
insurer/insurer may apply
WCC will handle arise
procedures determined
to VCAT for review of a
when:
by the Board of
contribution assessment
  the insurace company 
WorkCover Corporation
(in case of pre 1985
disputes liability for a 
injuries which contribute
claim
to later injury)
  the insurance company 
Premiums: employer may
does not make a decision 
apply to WorkCover for
on a claim within the 
review of premium
required time frame
calculation
  disputes occur about 
Contractual disputes in
suitable duties and 
court of competent
obligations under injury 
jurisdiction
management plans
Service Providers: VCAT
  disputes occur about a 
may hear appeals with
worker's fitness for 
respect to decision by
employment
* Unless otherwise
WorkCover to review,
Information on the WCC
stated, information
suspend, etc., payments
can be found on its web
provided applies to
for services to workers
site, www.wcc.nsw.gov.au,
both Comcare and
or by phone (02) 9267 2386
Seacare
or 1300 368 040
Heads of Workers' Compensation Authorities  40
<





New Page 1








Home : About Us : Network : Services : Support : FAQ : Control Panel : Order Online : Sitemap : Contact : Terms Of Service

 

Our web partners:  Jsp Web Hosting  Unlimited Web Hosting  Cheapest Web Hosting  Java Web Hosting  Web Templates  Best Web Templates  Web Design Templates  Interland Web Hosting  Cheap Web Hosting  Filemaker Web Hosting  Tomcat Web Hosting  Quality Web Hosting  Best Web Hosting  Mac Web Hosting

 

Virtualwebstudio. Business web hosting division of Vision Web Hosting Inc. All rights reserved

Web Hosting Comparisons