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: | ||
|---|---|---|---|
| 1 |
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 |
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. |
Note:
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Disputes relating to death claims, common law claims, liability regarding compensation for maims and determinations of impairment are not required to be referred to conciliation prior to commencing court proceedings.
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Disputes about the level of impairment must be 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 for its opinion.
