1.9.3 - Accident Compensation Conciliation Service

When can conciliation occur?

If agreement cannot be reached on a claim, the person who makes or who has made the claim and as relevant, the employer or agent may ask for the matter to be referred to conciliation.

What does the ACCS do?

The ACCS facilitates the resolution of disputes by involving all parties - workers, employers and agents - in an informal, non-adversarial way.

Conciliation is a key part of the Victorian workers’ compensation scheme and for all claims (except for death claims, lump sum table of maims, claims under s98 and s98A of the Act and common law claims) the dispute must be taken to Conciliation before court proceedings can be commenced.

An exception also applies if the worker has a number of matters in dispute some of which have resulted in court proceedings commencing. If this occurs and all parties to the dispute agree, the worker can seek leave to have all outstanding matters brought before the court at the same time without all matters first being referred to the ACCS.

No fee is charged

No fee is charged by the ACCS.

Conciliation costs

A worker can claim reasonable transport expenses and/or reimbursement of lost income (up to a set amount) incurred in getting to and from attending a conciliation conference. Only costs incurred in relation to disputes referred on or after 5 April 2010 will be able to be reimbursed.

What power does a Conciliation Officer have?

The Conciliation Officer can:

·         arrange a meeting between all parties

·         direct that weekly payments be paid for specified periods

·         give a direction that certain specific medical costs are reasonable up to $5000.

What happens if a problem cannot be resolved by conciliation?

Where the parties are unable to reach agreement during the conciliation process, the Conciliation Officer is required to consider the question of whether there is an arguable case and therefore a genuine dispute with respect to the liability to make weekly payments and/or payment of medical and like services.

Where a Conciliation Officer is satisfied that there is no arguable case in support of a denial of liability by an agent and therefore no genuine dispute, they may issue a direction that payments be made.

If the problem cannot be resolved during conciliation, the dispute can be taken to the County or Magistrates’ Court.