7.3.4 Documentation required for conciliation

Before the conciliation conference the Agent must send one full set of relevant redacted documents to the Conciliation Service.

The following are examples of the documents that should be provided - note that this list is not exhaustive:

Information that is removed/redacted

Names of witnesses

The Agent should not remove names of people, such as witnesses, from the documents provided to the WIC Workcover Injury Commission unless releasing the name would put a person at risk The probability of the worker not returning to work is known as the risk or risk factor. For example: if a worker is likely to return to work, the claim is categorised as low risk. of harm, abuse or harassment. This is a case by case assessment. If in doubt, the Agent should redact and WIC will determine whether it can release the data to the worker.

Other identifying details

Such as address, phone number etc must be removed.

Agents should provide one copy of documents to the WIC with relevant redactions made in black so that it is evident that information has been removed and will not be mistaken for a space.

Legal Professional Privilege (LPP)

Some types of reports may attract LPP Legal professional privilege if they were made or prepared for the dominant purpose of anticipated litigation or the giving or obtaining of legal advice. Documents that attract LPP should not be release to the WIC. These may include surveillance reports, circumstance reports and witness statements prepared by lawyers. However, where the dominant purpose of commissioning the report was to help assess liability for a claim, LPP will not apply.

Other documents, such as medical reports obtained by legal panel firms might attract LPP only until they are exchanged between the parties or put into evidence in open court. When a document is exchanged in this way, the privilege is 'waived' and therefore no longer applies to the document.

Next | Back to top