7.9.6 Arbitration hearings

For the purpose of this section an arbitration hearing means a hearing held before WIC Workplace Injury Commission for the purpose of determining a dispute by arbitration.

In conducting hearings and making its decisions, WIC is guided by the following principles:

the aim of facilitating a fair and final resolution of the dispute in an informal, inexpensive and timely manner; and
the principles of procedural fairness (s281A).

An arbitration hearing must commence within 30 days of the date a referral for arbitration is accepted and conclude 60 days from the date of the initial hearing.

Note: time does not accrue:

• during an adjournment

• during a period between the date of a request for information under s301I and the date of receipt of the requested information

• during the time that a question is referred to a Medical Panel Under the legislation, unless inconsistent with the context or subject-matter — Medical Panel means a Medical Panel constituted under Division 2 of Part 12.

WIRC s301Q

WIC will notify the Agent or Self-insurer, the worker and the employer in writing of the date and time of any arbitration hearings and how to attend.

Multiple hearings may be required depending on the complexity of the dispute.

Urgent hearings

WIC may schedule an urgent hearing where there is evidence of one or more of the following:

the worker being in severe financial hardship (e.g. facing homelessness or bankruptcy);
a witness who has limited future availability;
a medical urgency or emergency;
a worker or witness who is terminally ill;
the worker being issued a further Genuine Dispute A genuine dispute is one in which the parties cannot reach an agreement but the conciliation officer considers the dispute is genuine. certificate at conciliation, in relation to a dispute that was previously at arbitration and referred for further conciliation.

WIC will consider whether there is any prejudice to a party by scheduling an urgent hearing, including whether both parties have a reasonable opportunity to prepare their cases.

7.9.6.1 Initial arbitration hearing

An initial arbitration hearing is the first meeting between the Arbitration Officer, and the parties, any support persons and/or any representatives, to discuss the dispute.

An initial arbitration hearing will usually be scheduled for 90 minutes, but may take more or less time depending upon whether evidence and submissions are heard. The initial hearing is usually held via audio-visual link or audio link unless WIC has decided that it is appropriate for the hearing to be held in person (e.g. where it plans to hear oral evidence).

The initial hearing may develop in one of the following ways:

Situation	Action
A future hearing is required	WIC and the parties will discuss what is needed for them to be ready to present their cases (by way of oral evidence and/or oral submissions) at a subsequent hearing. The Arbitration Officer will not hear oral evidence at the initial hearing but may: discuss or resolve interim or preliminary issues; set a timeline for the provision of further documents or information; decide whether it is appropriate to allow witnesses to be questioned at a further hearing; and/or set a further hearing date.
WIC decides whether hearing ‘on the papers’ is appropriate	WIC and the parties will discuss whether it is appropriate to make a determination based only on the documents and any written submissions (known as a hearing ‘on the papers’). During the initial hearing, the Arbitration Officer will not hear oral evidence. The Arbitration Officer will hear the parties’ views about a potential hearing on the papers and may: discuss or resolve interim or preliminary issues; set a timeline for the provision of further documents or information; and set a date for the dispute to be heard on the papers if they decide that no oral evidence or further oral submissions are required, or set a further hearing date if they decide that oral evidence is required. See Hearing on the papers.
Parties begin to present evidence	Parties begin to present their cases. WIC will only agree to this at the initial hearing after seeking the parties’ views as to whether they have had a reasonable opportunity to prepare their cases. If WIC agrees to this: the Arbitration Officer will hear oral evidence from witnesses and/or oral submissions from the parties and/or their representatives about how WIC should view the evidence and determine the dispute; WIC may decide that a further hearing is required at the end of the initial hearing.

Situation

Action

A future hearing is required

WIC and the parties will discuss what is needed for them to be ready to present their cases (by way of oral evidence and/or oral submissions) at a subsequent hearing. The Arbitration Officer will not hear oral evidence at the initial hearing but may:

discuss or resolve interim or preliminary issues;
set a timeline for the provision of further documents or information;
decide whether it is appropriate to allow witnesses to be questioned at a further hearing; and/or
set a further hearing date.

WIC decides whether hearing ‘on the papers’ is appropriate

WIC and the parties will discuss whether it is appropriate to make a determination based only on the documents and any written submissions (known as a hearing ‘on the papers’). During the initial hearing, the Arbitration Officer will not hear oral evidence. The Arbitration Officer will hear the parties’ views about a potential hearing on the papers and may:

discuss or resolve interim or preliminary issues;
set a timeline for the provision of further documents or information; and
set a date for the dispute to be heard on the papers if they decide that no oral evidence or further oral submissions are required, or set a further hearing date if they decide that oral evidence is required.

See Hearing on the papers.

Parties begin to present evidence

Parties begin to present their cases. WIC will only agree to this at the initial hearing after seeking the parties’ views as to whether they have had a reasonable opportunity to prepare their cases. If WIC agrees to this:

the Arbitration Officer will hear oral evidence from witnesses and/or oral submissions from the parties and/or their representatives about how WIC should view the evidence and determine the dispute;
WIC may decide that a further hearing is required at the end of the initial hearing.

Hearing on the papers

A hearing ‘on the papers’ is a hearing of a dispute that is based on the documentary evidence and written submissions of the parties alone.

WIC may suggest, or parties may request a hearing 'on the papers'. In either case, an opportunity will be provided to the other party or both parties to make submissions about the appropriateness or otherwise of a hearing ‘on the papers.’ If WIC decides to hold a hearing on the papers, it will advise the parties:

what information and evidence has already been presented to WIC;
the date any further documentary evidence and/or written submissions must be submitted by;
the date of the hearing on the papers; and
the date a determination will be issued.

Hearing recordings and transcripts

Arbitration hearings are audio recorded by WIC. They are not permitted to be recorded by any other party.

Parties may request a free copy of the audio recording from the WIC. If parties receive a copy of the audio recording or transcript, they must provide an undertaking that it will not be shared with anyone, except where allowed by law.

Parties may also request a transcript. The cost of the transcript will be borne by the requesting party. If the claimant A person who applies for WorkCover benefits. arranges a transcript, they may only recover the reasonable costs of the transcript if WIC determines the dispute in their favour.

If a worker with a hearing or other impairment cannot listen to an audio recording of the hearing, a transcript will be provided free of charge.

If WIC makes an oral determination and gives oral reasons, a free written transcript of the determination will be provided to all parties.

Note: Determinations will be published on the WIC’s website, suppressing any personal details or information that may reveal the identities of parties.

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