|What it is:||How to apply:|
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.
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.
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|
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.|
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.
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.