FAQs

Before you lodge an application with the Workers Compensation Conciliation Service, you must have made reasonable attempts to resolve the dispute with the other party. For advice on how you might resolve the dispute before making a formal application, phone our Advice and Assistance Service on 1300 794 744.

If the dispute is not resolved, you can make an application to the Workers Compensation Conciliation Service. If there are matters remaining in dispute at the conclusion of conciliation, an application can be made to the Workers Compensation Arbitration Service.

View the conciliation and arbitration process chart.

There are no fees for making an Application to the Workers Compensation Conciliation Service or Workers Compensation Arbitration Service, however, parties can choose to have legal representation by way of a legal practitioner or an authorised agent. If you are represented, you may incur costs associated with engaging your representative.

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:

• The conciliation process generally takes no longer than eight weeks.
• If needed, a conciliation conference is usually scheduled within 28 days from the date the Workers Compensation Conciliation Service accepts an Application for Conciliation 
• Application for Arbitration must be lodged within 28 days from the date the appropriate certificate has been issued by the Workers Compensation Conciliation Service.
• Respondents to arbitration must complete a Reply to an Application for Arbitration within 14 days of being served with the Application for Arbitration.
• Parties to arbitration must make any appeals to the District Court of Western Australia within 28 days from when an arbitrator provides written reasons for the arbitration decision.

Parties to a dispute are entitled to have a legal practitioner or authorised agent represent them at conciliation and arbitration, but this is not compulsory. Employers and insurers often have representation.

If you are represented you may incur costs associated with engaging your representative. The maximum allowable hourly rates which can be charged by legal practitioners and authorised agents before a WorkCover WA dispute resolution authority are set by legislation. Please see the Workers Compensation Legal Profession and Authorised Agent Costs Determination which provides a costs scale structured to promote the early settlement of disputes by agreement.

If you need legal advice about a workers compensation dispute, you may wish to contact the Law Society of WA on (08) 9324 8600.

Parties to a dispute are entitled to have a legal practitioner or authorised agent represent them at conciliation and arbitration, but this is not compulsory. Employers and insurers often have representation.

If you are represented you may incur costs associated with engaging your representative. The maximum allowable hourly rates which can be charged by legal practitioners and authorised agents before a WorkCover WA dispute resolution authority are set by legislation. Please see the Workers Compensation Legal Profession and Authorised Agent Costs Determination which provides a costs scale structured to promote the early settlement of disputes by agreement.

If you need legal advice about a workers compensation dispute, you may wish to contact the Law Society of WA on (08) 9324 8600.

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 income compensation to be paid, medical and health related expenses, and return to work programs.

If you require assistance to resolve a dispute/s, you may apply to the Workers Compensation Conciliation Service.

Resolving a dispute can be an involved process. There are forms and applications to be completed, documents to be gathered and registered, and sometimes conferences 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 Workers Compensation Conciliation Service.

Any person or party to a workers compensation claim in Western Australia can lodge an application to the Workers Compensation Conciliation Service. This includes injured workers and employers. The person lodging the application is known as the ‘Applicant’.

Injured workers must have first submitted a Workers Compensation Claim and First Certificate of Capacity with their employer before an application with the Workers Compensation Conciliation Service can be lodged.

Reasonable attempts to resolve the dispute between the parties must have been made before lodging an application.

Strict timelines and limited opportunities exist to present a case so proper preparation is essential.

An application for conciliation can be lodged online.

The Application for Conciliation is available to download from the Conciliation rules and forms page. You can lodge your application:

• online
• by email – conciliation@workcover.wa.gov.au
• in person – WorkCover WA, 2 Bedbrook Place, Shenton Park, WA
• by post – Workers Compensation Conciliation Service, WorkCover WA, 2 Bedbrook Place, Shenton Park, WA, 6008

If you need assistance completing the form, contact Advice and Assistance on 1300 794 744. For more information on the conciliation process, see the Workers Compensation Conciliation Service section.

You may only lodge an application for arbitration after receiving the appropriate certificate from the Workers Compensation Conciliation Service.

The Application for Arbitration is available from the Arbitration rules and forms page.

Lodging your application

You can lodge your Application:

• online
• by email – arbitration@workcover.wa.gov.au
• in person – WorkCover WA, 2 Bedbrook Place, Shenton Park, WA
• by post – Workers Compensation Conciliation Service, WorkCover WA, 2 Bedbrook Place, Shenton Park, WA, 6008

If you need assistance completing the form, contact WorkCover WA’s Advice and Assistance on 1300 794 744. For more information on the arbitration process, see the Workers Compensation Arbitration Services section.

A party who has been served with an application for arbitration is required to lodge a reply. This person is known as the respondent. A reply must be lodged within 14 days of being served with the application.

The Reply to Application for Arbitration is available from the Arbitration rules and forms page.

Lodging your reply

You can lodge your Reply:

• online
• by email – arbitration@workcover.wa.gov.au
• in person – WorkCover WA, 2 Bedbrook Place, Shenton Park, WA
• by post – Workers Compensation Conciliation Service, WorkCover WA, 2 Bedbrook Place, Shenton Park, WA, 6008

If you need assistance completing the form, contact WorkCover WA’s Advice and Assistance on 1300 794 744. For more information on the arbitration process, see the Workers Compensation Arbitration Service section.

At the conclusion of arbitration, a determination of an arbitrator on findings of fact and law are binding upon the parties, but can be appealed to the District Court of Western Australia in certain circumstances.

For more information, see the Appeal court decisions page.