Most disputes concerning a workers’ compensation claim under the Workers’ Compensation and Injury Management Act 1981 (the Act) can be determined by the Dispute Resolution Directorate (DRD). There are two types of applications designed to help resolve a dispute - Part XII and Part XI - and the details of each are outlined below.

You may choose to be represented by a registered agent or lawyer when making an application, but this is not a necessity. For a list of registered agents, please click in the related links section to your right. For costs associated with lawyers and registered agents, please click in the same area.

1. Application to Resolve a Dispute Part XII
A Part XII Application deals with interim orders and minor claims and aims to provide prompt interim relief in appropriate cases. A Part XII Application is the correct path to use for workers seeking:

• weekly payments of compensation for up to 12 weeks; and/or
• medical and related expenses of not more than five per cent of the prescribed amount; and
• the production of relevant documents as prescribed by the legislation.

An employer can also use a Part XII Application for:

• interim suspension or reduction orders; and
• the production of relevant documents as prescribed by the legislation.

An employer may only make a Part XII Application for an interim suspension or reduction order at the same time as, or after making an application for similar relief under Part XI.

Part XII disputes can be expedited through the system because an arbitrator may make a decision based on the initial application without holding a hearing. The arbitrator may make an interim payment order under Part XII unless it appears that:

• the claim would have minimal prospects of success if dealt with under Part XI; and/or
• insufficient medical evidence is available concerning the nature and period of the incapacity of the worker; or
• in the case of an application for medical or related expenses, insufficient evidence is available as to whether or not the expenses claimed are reasonable.

Remember:

• the decision made by the arbitrator under Part XII cannot be appealed;
• if an employer is ordered to make an interim payment to a worker, this does not mean that the employer or insurer is admitting liability to the worker’s claim;
• if an arbitrator finds that an employer is not liable to pay compensation after a decision on a worker’s Part XII claim, then the worker who received the interim payments is not required to refund the money.

To complete a Part XII Application, please refer to:

Guide to Completing Application for Part XII
Application to Resolve a Dispute Part XII
Checklist for Completing a Part XII Application


2. Application to Resolve a Dispute Part XI
A Part XI Application may involve more complex issues, as well as applications for weekly payments and medical and related expenses in excess of 12 weeks and five per cent of the prescribed amount for medical and related expenses respectively. A Part XI Application is the correct form to use for disputes seeking or relating to (among other things):

• weekly payments of compensation exceeding 12 weeks;
• medical expenses payments of more than five per cent of the prescribed amount;
• reduction, suspension or cessation of weekly payments or medical expenses;
• extensions of the prescribed amount for weekly payments or medical expenses;
• specialised retraining programs;
• return to work programs;
• compensation for dependants resulting from the death of a worker; and
• impairment assessments.

Fast-Track Pilot Program

In response to stakeholder feedback, and in accordance with our aim to deliver speedy and fair dispute resolution services, the DRD will pilot a new process for certain Part XI applications called the ‘Fast-Track Pilot Program’.

The objective of the pilot scheme is to enable a matter to be listed for expedited directions and conciliation before parties are required to file all the documents specified by Rules 58 and 61. On request to the Director, an application may be assigned to the Fast Track Pilot.

To complete a Part XI Application, please refer to:

Guide to Completing Application for Part XI
Application to Resolve a Dispute Part XI
Application Letter for Part XI Fast-Track Pilot Program
Fast-Track Practice Direction