7 Dispute Resolution
7.1 Types of disputes | 7.2 Senior review | 7.3 Conciliation | 7.4 Conciliation conference | 7.5 Workers' Compensation Independent Review Service | 7.6 Medical panel | 7.7 Magistrates' Court & County Court | 7.8 Cost of disputes
WorkSafe aims to minimise disputes by consistently applying claims assessment and management procedures. However, if a dispute arises, it is in everyone’s interest to resolve it quickly and fairly to avoid litigation.
Disputes can arise when there is disagreement between the worker and the Agent about:
- weekly payments
- medical & like services
- provisional payments for a mental injury
- the liability for impairment benefits
- lump sum payments & pensions to dependants and other entitlements following the death of a worker
- access to information & privacy
- common law
Escalation options when a dispute arises
Disputes can be resolved by:
- review - by an Agent Senior Manager (optional)
- conciliation - by the Accident Compensation Conciliation Service (ACCSAccident Compensation Conciliation Service. Workers can refer disputes about Agent decisions to the ACCS.)
- independent review - by application to WorkSafe's Victoria's Workers Compensation Independent Review Service (WCIRS)
- legal proceedings - issued in the Magistrates’ Court or County Court.
Disputes relating to death claims, common law claims, compensation for maims and determinations of impairment are not required to be referred to conciliation.
Management of litigated statutory benefits
The responsibility for managing litigated statutory benefits claims should be undertaken by a suitably qualified person/s (technical).
Legally qualified Agent staff have overall responsibility for managing litigated access to information requests.