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On 11 June 2008 His Honour Judge Philip McCann, Commissioner of the Dispute Resolution Directorate(DRD), gave his inaugural speech to staff and stakeholders of the DRD.
Below are some extracts from his speech:
"There has been a statutory system of workers’ compensation in Western Australia since 1902 (although legislation relating to compensation for injured workers dates back to 1894). The judiciary of this State has always played an integral role in that system. I am honoured to be appointed to play a part and I am looking forward to doing so alongside the motivated and hard‑working members and officers of the DRD. The Shenton Park campus is a vibrant place to work. The many people who work here, or do business here, make a valuable contribution every day to the administration of an efficient, fair and just workers’ compensation system".
"I would like to comment about the role of the DRD in the legislative scheme. The DRD comprises the Commissioner, the Director, the arbitrators and other officers of the Directorate. Pursuant to the Act, the Commissioner must be a District Court Judge and is charged with the responsibility of making the rules of the DRD, issuing practice directions, deciding appeals and answering referred questions of law. The Act also contemplates that the Commissioner may perform the duties of a District Court Judge".
"The Director may act as an arbitrator, but is primarily responsible for managing the day‑to‑day affairs of the Directorate and is responsible in administrative matters to the Chief Executive Officer of WorkCover and in matters concerning the resolution of disputes directly to the Minister for Employment Relations".
"The primary dispute resolution responsibility of the DRD falls upon the arbitrators. This means that the parties must “front end” their work. There is no substitute for thorough preparation and knowledge of the case including the citation of relevant and up‑to‑date authorities to arbitrators".
"I am engaged full time at the moment clearing a waiting list of appellate matters. Thereafter it is my intention to dispose of matters on an expedited basis wherever possible".
"I intend to convene a meeting of the Rules Committee as soon as possible to review the DRD Rules. These Rules have served the jurisdiction extremely well. They are a testament to the hard work and outstanding legal skills of my predecessor, Judge Nisbet QC. But the time is about right to review them in consultation with stakeholders".
"I intend to do what I can to continue the excellent work that has already been done by WorkCover in furtherance of the community’s understanding of the DRD’s work and the workers’ compensation system, and to encourage the professions, especially the legal profession (by which, of course, I include registered agents), to take great pride in their work here. I shall encourage the formation (where necessary) and development of professional bodies to promote continuing education and social interaction for the improvement and maintenance of professional standards, mutual respect and courtesy".
"In some recent decisions I have enunciated some guidelines for the conduct of proceedings in the DRD. Above all, proceedings must be tested against the objectives laid out in the Act, which include that they are “fair, just, economical, informal and quick” and avoid unnecessary technicalities".
"In conclusion, but most importantly, I would like to say something of the DRD’s constituency. According to its preamble, the Act is a law relating to “compensation for, and the management of, employment related injuries. It does so by making provision for compensation and injury management for injured workers through a system of insurance. Therefore, our constituency comprises workers (and their dependents), employers and insurers. The Act exists for their benefit. Our objectives should, and must, be as Parliament has laid out in the Act".
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