7.4.3 Conciliation outcome
7.4.3 Conciliation outcome | 7.4.3.1 Conciliation Outcome Certificates
When the conciliation conference is finalised, the Conciliation Officer or Disputes Officer issues a Conciliation Outcome Certificate informing all parties of the outcome, which will be one of:
- Agreement between the parties on how to resolve the dispute
- Genuine dispute A genuine dispute is one in which the parties cannot reach an agreement but the conciliation officer considers the dispute is genuine., where the dispute relates to weekly payments. superannuation, interest or medical expenses, the parties cannot reach an agreement and the Conciliation Officer is satisfied that there is a genuine dispute. This gives the parties the right to take the dispute arbitration, if eligible, or court
- Unresolved, where the dispute relates to rejection of liability for a claim for maims or impairment benefits and the parties cannot reach agreement
- Recommendation, which the parties to the dispute may agree to accept
- Dismissal, the Conciliation Officer dismisses the dispute. A party can apply for further conciliation of the dispute within 60 days of the dismissal.
- Direction to the Agent/employer by a Conciliation Officer to make specified payments of weekly payments and/or medical and like expenses or to release certain information
- if a direction has been given to make weekly payments, the Conciliation Officer can direct the Agent/employer to pay reasonable costs for medical and like services during the period specified in the weekly payments direction
- if the dispute is regarding or includes a dispute about liability for payment of medical and like services, a direction can be given to pay the reasonable costs of medical and like services up to $5,000.
Agents must notify WorkSafe immediately upon becoming aware that a Direction may be issued. WorkSafe Victoria will review the supporting documentation and ongoing sustainability of the decision and provide guidance on the appropriate next steps.
Following issue, all Directions must be referred to WorkSafe for further review and consideration of revocation.
All correspondence relating to conciliation matters must be sent to WorkSafe via conciliation_queries@worksafe.vic.gov.au.
7.4.3.1 Conciliation Outcome Certificates
An Outcome Certificate sets out the terms on which the dispute was resolved and certifies that each party to the dispute is bound by the result.
The WIC Workplace Injury Commission Conciliation Outcome Certificate(s) must be completed on an approved form and be provided to each party to the dispute. This may include the worker, employer, Agent or self-insurer.
The outcome certificate is admissible in court proceedings as evidence of:
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the resolution of the dispute between the parties and
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the terms on which the dispute has been resolved.
The issue of a Conciliation Outcome Certificate does not prevent further consideration of entitlement where a worker subsequently demonstrates a material and identifiable change in a work-related An injury/disease is work related if it arose out of or in the course of employment and the scope of employment. injury or condition that continues to arise out of or in the course of employment. Where such a change affects treatment needs, incapacity, or any other aspect of entitlement, the Agent must review the matter and make a fresh determination having regard to the extent of the change, its ongoing causal connection to employment, and its expected duration, irrespective of the previous WIC Outcome Certificate.
Compliance with the outcome
The Agent must comply with the conciliation outcome in a timely manner.
The Agent is not admitting liability when they comply with a recommendation or direction from the Conciliation Service. The Agent or employer can act on the recommendation or direction of a Conciliation Officer or Disputes Officer without being concerned about liability for payment of other periods or expenses not covered by the recommendation or direction.
Compliance with a direction
The Agent must comply with the outcome in a timely manner. If a Conciliation directs that weekly payments are payable, payments must start within seven calendar days after the direction.
Note: Unless revoked by a court, failure to comply with a direction is an offence under the legislation.
Inform suitably qualified Agent staff and WorkSafe Victoria
The Agent representatives who attended conciliation must inform suitably qualified Agent staff of any direction made by the Conciliation Officer on the same day the direction is made.
If the suitably qualified Agent staff disagree with the direction, they can apply to conciliation to have the direction reviewed.
Where an Agent is made aware of an intended direction, they must refer the matter to the Claims Division (conciliation_queries@worksafe.vic.gov.au) for review of the decision immediately. The Agent should also confirm the expected timeframe for WIC to issue the direction and advise WorkSafe accordingly, ensuring any response can be provided in a timely manner.
Where a direction is issued without WorkSafe having had the opportunity to provide its final opinion, the Agent must provide a copy of the direction outcome to conciliation_queries@worksafe.vic.gov.au as soon as practicable upon receipt. WorkSafe will review the outcome and assess whether any further action is required.
Review for revocation by WorkSafe
Where appropriate, the Claims Division may also refer the matter to the Dispute Management Division or FOI Division. In certain instances, WorkSafe will review the direction and if appropriate apply to the Magistrates’ Court/County Court, to seek a revocation of the direction.
If a direction is revoked, the obligation to make payments of compensation or release information ceases.
Release of exempt information
If a direction to release some or all exempt information is given by a Conciliation Officer, release must be made in accordance with that direction within seven calendar days from the date the Agent receives the written direction unless an application to revoke the direction has been made.