- What should I know before making an application to the Conciliation and Arbitration Services?
- What are the steps to resolve a dispute?
- What does the process look like?
- How much does it cost?
- How much time does it take?
- Who can lodge an application?
- When can I lodge an application for conciliation?
- How do I lodge an application for conciliation?
- How do I lodge an application for arbitration?
- How do I reply to an application for arbitration?
- What is a medical assessment panel?
- Can I have legal representation?
- What if I need assistance?
1. What should I know before making an application to the Conciliation and Arbitration Services?
The vast majority of workers' compensation claims progress to the satisfaction of all parties involved. Disputes can occur at any stage of a claim and arise over a broad range of matters, including the liability to pay compensation, the amount of weekly benefit to be paid, medical and related expenses, and return to work programs.
Occasionally parties need assistance to resolve disputes, so WorkCover WA provides Conciliation and Arbitration Services (CAS).
Resolving a dispute can be an involved process. There are forms and applications to be completed, documents to be gathered and registered, and sometimes meetings and hearings to be held. There are strict timeframes involved and parties are encouraged to resolve the dispute at any stage.
It is in the interest of all parties to make sure they have exhausted all other opportunities to resolve matters, before contacting the Conciliation and Arbitration Services.
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2. What are the steps to resolve a dispute?
- Before you lodge an application with WorkCover WA, you must have made reasonable attempts to resolve the dispute by negotiation with the other party. For advice to help you resolve the dispute before making a formal application to WorkCover WA, phone WorkCover WA's Advisory Service on 1300 794 744.
- If the dispute is not resolved by negotiation, you can make an application to WorkCover WA's Conciliation Service.
- If there are matters remaining in dispute at the conclusion of conciliation, an application can be made to WorkCover WA's Arbitration Service.
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3. What does the process look like?
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4. How much does it cost?
There are no fees for making an application to WorkCover WA's Conciliation Service or Arbitration Service, however, parties can choose to have legal representation by way of a legal practitioner or registered agent.
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5. How much time does it take?
The time it takes to resolve a dispute through conciliation or arbitration depends upon the complexity of the matter(s) in dispute and the proper preparation of materials by the parties. Strict timelines must be adhered to. For example:
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6. Who can lodge an application?
Any person or party to a workers' compensation claim in Western Australia can make an application to WorkCover WA's Conciliation and Arbitration Services. This includes injured workers and employers. The person making the application is known as the ‘applicant'.
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7. When can I lodge an application for conciliation?
Injured workers must have first submitted a worker's compensation claim and First Medical Certificate with their employer before an application with WorkCover WA's Conciliation Service can be lodged.
Reasonable attempts to resolve the dispute by informal negotiation between the parties must have been made before making an application.
Strict timelines and limited opportunities exist to present a case so proper preparation is essential, or your application may be rejected by the Director, Conciliation.
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8. How do I lodge an application for conciliation?
To lodge an Application for Conciliation, download:
You can lodge your Application in person, by fax, or by post to WorkCover WA.
visit WorkCover WA, 2 Bedbrook Place, Shenton Park, WA, 6008
fax (08) 9388 5690
mail WorkCover WA Reply Paid 71078, Shenton Park, WA, 6008
If you need assistance completing the form, contact WorkCover WA's Advisory Services on 1300 794 744. For more information on the conciliation process, see the Conciliation Service page.
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9. How do I lodge an application for arbitration?
You may only lodge an Application for Arbitration after receiving the appropriate certificate from the Conciliation Service.
To lodge an Application for Arbitration, download:
You can lodge your Application in person, by fax, or by post to WorkCover WA.
visit WorkCover WA, 2 Bedbrook Place, Shenton Park, WA, 6008
fax (08) 9388 5690
mail WorkCover WA Reply Paid 71078, Shenton Park, WA, 6008
If you need assistance completing the form, contact WorkCover WA's Advisory Services on 1300 794 744. For more information on the arbitration process, see the Arbitration Service page.
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10. How do I reply to an application for arbitration?
The only party required to lodge a Reply are those who have been served with an arbitration application. This person is known as the ‘respondent'. A reply must be lodged within 14 days of being served with the application.
To Reply to an Application for Arbitration, download the:
You can lodge your Reply in person, by fax, or by post to WorkCover WA.
visit WorkCover WA, 2 Bedbrook Place, Shenton Park, WA, 6008
fax (08) 9388 5690
mail WorkCover WA Reply Paid 71078, Shenton Park, WA, 6008
If you need assistance completing the form, contact WorkCover WA's Advisory Services on 1300 794 744. For more information on the arbitration process, see the Arbitration Service page.
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11. What is a medical assessment panel?
Parties to a dispute may need to contact their medical practitioner for medical advice and potentially reports to support their case.
An injured worker may be referred to a medical assessment panel by the conciliation officer or arbitrator. This can occur when there is a conflict of medical opinion about the nature or extent of an injury or a worker's capacity for work between a doctor engaged by the worker and a doctor engaged and paid for by the employer, and one of the parties wishes the proceedings to continue.
Three medical practitioners are chosen by the Director, Conciliation from a list provided by the Australian Medical Association, Western Australia to make up the panel. At least one medical practitioner will be a specialist in the relevant field. Medical practitioners who have treated or examined the worker are not eligible to sit on the panel.
The panel may examine the worker, request documents from the worker or require the worker to answer questions. No person can be represented before the panel because only medical questions will be determined (not questions of law).A worker who does not attend a panel when required to do so, or who obstructs the panel, may have their right to further compensation suspended.
The panel must make its determination within 28 days of the examination. Within a further seven days, the panel must provide written reasons for its decision. The determination of the panel is final and binding on all parties and on any court or tribunal.
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12. Can I have legal representation?
Parties to a dispute are entitled to have a legal practitioner or registered agent represent them at conciliation and arbitration, but this is not compulsory. Employers and insurers often have representation. If a worker is not represented, a conciliation officer or an arbitrator can refuse permission for an employer or insurer to be represented by a legal practitioner or registered agent.
Under the Workers' Compensation and Injury Management Act 1981 (the Act), maximum costs are set for legal practitioners, registered agents and related services, and they are structured to promote the early settlement of disputes. The Costs Determination and Report 2011 (PDF) governs the awarding of legal costs in the Conciliation and Arbitration Services. It was made by the Costs Committee (established under s269 of the Act) and approved by the Minister for Commerce.
In certain circumstances, the conciliation officer or arbitrator may appoint a guardian, allow an interpreter to assist in proceedings, or allow a family member or friend to support the injured worker during the dispute resolution process.
If you need legal advice about a workers' compensation dispute, you may wish to contact the Law Society of WA on (08) 9322 7877.
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13. What if I need assistance?
Work safety issues
For general work safety and health issues, contact the WorkSafe Infoline on 1300 307 877.
Translation and interpretation services
Interpreter services, paid for by WorkCover WA, can be made available for proceedings subject to prior notice. Call WorkCover WA on 1300 794 744 to arrange.
People with disabilities
Information is available in alternative formats, including an audio loop which is available on 48 hours notice for the hearing impaired. Call WorkCover WA on 1300 794 744 to arrange.
Advice about workers' compensation
For general queries about workers' compensation and injury management system in Western Australia, or for help completing conciliation and arbitration forms, phone WorkCover WA's Advisory Service on 1300 794 744.
The Advisory Services team can help parties to understand their obligations under the law and the options available to them to resolve a dispute. However, Advisory Service staff cannot provide legal advice in relation to a specific dispute.
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