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Workers’ Compensation and Injury Management Arbitration Amendment Rules 2020

Arbitration Services

Due to the COVID-19 Pandemic online Arbitration services were progressed as a priority to facilitate remote document lodgement for all disputes and to ensure essential CAS functionality was available to stakeholders as soon as possible. The Arbitration online functionality was added to the existing WorkCover WA Online (WCWA Online) Conciliation Service module creating the WCWA Online Conciliation & Arbitration Services Module (CAS module) which was available for use on 20 April 2020.

The Arbitration functionality facilitates lodgement of an Application for Arbitration; a Reply to an Application for Arbitration; an Application for Extension of Time to Lodge an Application for Arbitration; and an Application for Arbitration – Workplace Fatality. Other case management functions are managed by completing the appropriate forms and uploading them as a document via the CAS module.

In addition, the CAS module enables lodgement of supporting documents as well as ongoing administrative management of a dispute by the parties and/or their representatives.  Notices issued by the Arbitration Service are also available via the CAS module.

The Workers’ Compensation and Injury Management Arbitration Rules 2011 (Arbitration Rules) have been amended to support the online Arbitration functionality. The Workers’ Compensation and Injury Management Arbitration Amendment Rules 2020 (Amendment Rules) were published in the Government Gazette on Tuesday 18 August 2020.

The Amendment Rules become operational from Wednesday 19 August 2020 and make use of the CAS module mandatory for non-exempt parties and include other amendments for the smooth operation of online services. Unrepresented workers and uninsured employers are exempt parties however will be encouraged to use the CAS module wherever possible.

A consolidated version of the Arbitration Rules can be accessed here.

Settlements and Common Law

On 7 April 2020 and in response to the COVID-19 Pandemic the Director issued a Notice which enabled parties to lodge Memoranda of Agreement via e-mail.  The Settlements & Common Law module of WCWA Online currently facilitates online lodgement of completed and scanned section 92(f) Deeds and Common Law applications, together with any supporting documentation and became available for use by stakeholders on 22 June 2020.

Amendments to the Workers’ Compensation and Injury Management Regulations 1982 to support the online lodgement of section 92(f) Deeds, Memoranda of Agreement and Common Law applications will be published in the near future.  We will keep stakeholders updated in this regard.

General

WCWA Online can be accessed by clicking this link or visiting the WorkCover WA home page and using the Quick Access menu on the left hand side of the page.

To use the CAS related modules, please ensure you have a registered account for WCWA Online. Staff working for insurers, self-insurers and legal representatives are reminded they will also need to be associated with the organisation they work for. For assistance related to signing up and using the CAS related modules contact the CAS Online Helpdesk on 08 9388 5551 during office hours or by e-mail CASonline@workcover.wa.gov.au.

For other questions about the dispute resolution process generally, refer to our website or contact Advice and Assistance on 1300 794 744.

Page last updated: 21 August 2020 at 9:44 am

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