7.1 Types of disputes

If the worker and Agent are unable to resolve a dispute, the following dispute resolution options are available to the worker:

    What it is: How to apply:

Senior review

Review by an Agent Senior Manager

See: 7.2 Senior review

Can be requested by the worker verbally or in writing.

Senior review is optional and not required prior to commencing other dispute resolution options.

2 Conciliation

The Workplace Injury Commission (WIC) conciliates a dispute

See: 7.3 Conciliation

Should be requested within 60 days of a worker receiving the decision by completing the Application for Conciliation Form
3 Worker’s Compensation Independent Review Service

WorkSafe’s Workers’ Compensation Independent Review Service (WCIRS) reviews disputed Agent decisions after a Genuine Dispute Certificate has been issued at conciliation.

See: 7.5 WCIRS

Workers can request an independent review and find out further information about the application process at worksafe.vic.gov.au/wcirs

Independent review is available for most Agent decisions made on or after 03/12/2019, and should be requested within 2 years of a Genuine Dispute certificate being issued at conciliation.

4 Arbitration

The WIC arbitrates a dispute. Arbitration is available where a Genuine Dispute Certificate has been issued at conciliation, and the date of injury is 1 September 2022 onwards.

See: 7.9 Arbitration

Should be requested within 60 days of a worker receiving the Genuine Dispute certificate from conciliation by completing the Referral for Arbitration Form
5 Legal proceedings

Proceedings commenced in the Magistrates’ or County Courts

See: 7.7 Magistrates' Court & County Court

Workers must have a Genuine Dispute certificate from Conciliation prior to applying to the Court to have the matter determined, and must do so within relevant statutory timeframes.


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