7.9.7 Arbitration determinations

The arbitration of a dispute is to be determined solely on the information and evidence presented before WIC Workplace Injury Commission (s301F). WIC may inform itself in any manner it thinks fit, is bound by the rules of natural justice and is not bound by the rules of evidence (s301O).

A determination made by WIC following an arbitration hearing is final and binding on all parties, and cannot be appealed to the County or Magistrates Court (s301Y).

A determination certificate must:

  • be issued by WIC within 14 days of the conclusion of the final arbitration hearing

  • confirm the terms of the determination, reasons for the determination, any conditions of the determination, certify that each party is bound by the determination, and when the determination comes into effect

  • be provided to the claimant A person who applies for WorkCover benefits., the employer and the Authority/Self-insurer

WIRC s301U

 

In exceptional circumstances, WIC may extend the time to make a determination. WIC will advise parties of its proposal to extend time and seek their submissions within a specified time-frame.

Note: Parties are not prevented from resolving the dispute by agreement at any time before WIC makes a determination (s301L).

Oral determinations

An Arbitration Officer may issue an oral determination on the same day as an arbitration hearing. If this occurs, they will provide oral reasons for the determination and a determination certificate on the same day. An Arbitration Officer will take into account factors such as the need for an immediate determination and the complexity of the dispute prior to deciding whether to issue an oral determination. Written reasons for the determination will be provided within 7 days, alternatively an urgent transcript of the oral determination and reasoning will be requested and provided to the parties upon receipt.

Types of determinations that WIC can make

WIC may only hear and make determinations in relation to disputes about:

  • weekly payments and medical and like expenses;

  • a request for provisional payments;

  • compensation in the form of superannuation contributions; and

  • interest on an outstanding amount.

WIC may make any determination in relation to a dispute or part of a dispute as it thinks fit, including to:

  1. confirm, vary or revoke a decision of the Authority, employer or Self-insurer regarding to:

    1. liability for the payment of compensation; and/or

    2. the amount of compensation.

  2. order the Authority, employer or Self-insurer determine in accordance with the Act the amount of compensation the claimant is entitled to*;

  3. order the Authority, employer of Self-insurer pay the claimant any of the following:

    1. up to 52 weeks of weekly payments;

    2. any consequential superannuation payments; and/or

    3. interest payable;

  4. order the Authority, employer or Self-insurer to pay the claimant’s medical and like expenses up to $20,000;

  5. adjourn the dispute for a length of time at WIC’s discretion (s301M). Adjournments can be requested by either or both parties, or be proposed by WIC. Long, indefinite or multiple adjournments are discouraged except where such adjournments are necessary to ensure the rights of a party, including the right to procedural fairness.

    There are multiple reasons a dispute may be adjourned, including but not limited to:

    • the availability of parties;

    • the availability of information necessary to determine the dispute;

    • the worker seeking to have further disputes joined to the arbitration

    • a concurrent WCIRS review of the same dispute;

    • a court dispute testing the same evidence as arbitration.

    Where a party requests an adjournment, the request should be made to WIC in writing, with supporting reasons/documentation as soon as practicable, or may be proposed at hearing. WIC will seek/hear submissions from the other party in relation to the adjournment prior to making a decision to adjourn.

  6. dismiss a dispute without making a determination (s301N), for any appropriate reason, including that:

    1. the parties have reached a final agreement prior to a determination and do not request further conciliation to have the agreement documented by a Conciliation Officer;

    2. a party to the dispute is no longer able to participate in the arbitration;

    3. a claim is fraudulent or vexatious; and

    4. the claimant has commenced Court proceedings for the same dispute.

    Where an agreement has not been reached and a party requests the dismissal of the dispute, the request:

    1. should be made to WIC in writing together with any supporting reasons/documentation as soon as is practicable; or

    2. may be proposed at hearing.

    WIC will seek/hear submissions from the other party in relation to the adjournment prior to making a decision to dismiss the dispute.

  7. refer the dispute for further conciliation, with the consent of the parties:

    1. for further conciliation where no agreement has been reached (noting that the original 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 will be revoked in that instance, and if appropriate, a new Genuine Dispute certificate may be issued), or

    2. where the parties would like a Conciliation Officer to document the agreement in an Outcome Certificate (s301L)

WIRC s301R

WIRC s301S

 

 

Note: If a matter is referred back to conciliation then the weekly payments and medical and like limits noted in items c and d above do not apply because an Arbitration Officer is not making a determination

Regarding a determination made by WIC:

  • A determination comes into effect immediately or at a later time as specified in the determination (s301T);

  • A determination may be subject to conditions (s301R(3));

  • A person who is entitled to a payment under a determination may seek enforcement of that determination in a Court (s301X). WIC does not have a role in enforcing determinations; and

  • A party may appeal a question of law within 28 days of an arbitration determination to the Supreme Court, with leave of the Trial Division (s301Z). The Supreme Court may make any order it thinks fit, such as to confirm, vary or revoke the determination of WIC, or remit a dispute to WIC for further arbitration.

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