If any party to a dispute is not satisfied with the outcome of conciliation, they may take the dispute to court once a Conciliation Officer has issued an Outcome Certificate confirming the worker has taken all reasonable steps to settle the dispute. Proceedings other than those relating to death claims and common law claims must not commence in either Court before the dispute has been referred to conciliation.
The Magistrates' Court and County Court can hear and determine any matter arising out of a:
- decision by an Agent or employer
- direction by a Conciliation Officer.
The Magistrates' Court and County Court may refer medical questions 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.
See: Medical panel
If court proceedings have commenced and a dispute exists between the parties but the issue has not been referred to conciliation first, the dispute does not need to be referred to conciliation if a party seeks and obtains the leave of the court to add the dispute to the matters to be brought before the court.