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You may choose to use either a registered agent or lawyer to lead a response to your application.
Please note: there are timeframes in which you must file this notice in response to the application.
For a list of registered agents, please click in the related links section to your right. For the costs associated with lawyers and registered agents please click in the related links section.
The details about how to respond to an application are outlined below:
1. Part XII Application
If you have been served with a Part XII Application, you may file a Notice of Dispute or Consent in response to the application. Please note that there are timeframes in which you must file this notice in response to the application. The following form will help you respond to the Part XII Application:
Form 6 - Notice of Consent or Dispute
What is a Part XII Application?
A Part XII Application deals with interim orders and minor claims with the aim of providing 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 ‘fast tracked’ 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.
The decision made by the arbitrator under Part XII cannot be appealed.
2. Part XI Application
If you have been served with a Part XI Application, you can file a reply in response to the application. Please note that there are timeframes in which you must file a reply to the application. The following links will help you reply to the Part XI Application:
Form 2 - Reply to Part XI Application to Resolve a Dispute (PDF) Guide to completing a Reply to Part XI Application (PDF)
What is a Part XI Application?
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.
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