7.9.3 Agent or Self-insurer notified of arbitration
Within 5 business days of being notified by WIC Workplace Injury Commission of a valid Referral for Arbitration (RFA), the Agent or Self-insurer, via their nominated representative, must prepare and submit to WIC:
Reply to the Referral for Arbitration Form
In this form the Agent or Self-insurer must:
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outline the issues to be determined by WIC
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explain why they believe their decision is correct, including details of events, facts, circumstances or dates relevant to the claim that WIC should consider
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provide their view on any documents or information provided after the disputed decision was made, which are relevant to the issues in dispute
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outline their factual and legal argument by reference to the supporting documents
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state the outcome that they seek at arbitration
Arbitration book
The Arbitration Book provided by the Agent or Self-insurer to WIC must:
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contain all the documents in their possession, custody or power which relate to the dispute and which are reasonably available to them (including all the documents previously provided at conciliation), regardless of which party provided them or which party they support (section 301H)
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contain a table of contents, which includes the title, date, number of pages of each document
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have the documents ordered as per the Arbitration Book Guide for Authorised Agents and Self-insurers; and
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be in electronic form (PDF)
See: Arbitration Book Guide for Authorised Agents and Self-insurers
The Arbitration Book will be provided to the relevant parties to the dispute. Where multiple disputes are referred to for arbitration, a single Arbitration Book can be produced for documents relating to both disputes.
Note: The types of documents itemised in the WIC Arbitration Book Guide are a sample of possible documents to include in the Arbitration Book only. Prior to including documents, Agents or Self-insurers should consider whether the documents are related to the questions in dispute and whether legal professional privilege applies to any document.
See: 1.4.8 Legal professional privilege and 7.3.4 Documentation required for conciliation
Schedule B to the Arbitration book
If further documents related to the dispute come into either parties’ possession during the dispute and after the Arbitration Book has been prepared, they must provide them to WIC. WIC will compile an additional electronic bundle of documents, named ‘Schedule B to the Arbitration Book’.