Guide To Workers Compensation In Tasmania - WorkCover

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Dispute resolutionHow are disputes or questions relating to workerscompensation claims resolved?Workplace Standards Tasmania offers a number of services to help workers andemployers with questions or concerns about workers compensation matters, asfollows:• any general query regarding workers compensation may be directed to theHelpline, which provides free information and assistance. See the back coverfor contact details• any unresolved compliance matter may be referred on to a Workplace StandardsTasmania inspector by the Helpline, for investigation and enforcement underthe Act• a formal complaint may be directed to Workplace Standards in writing.If agreement cannot be reached regarding a specific claim, the dispute may bereferred to the Tribunal for conciliation or adjudication.Workers Rehabilitation and Compensation TribunalThe Workers Rehabilitation and Compensation Tribunal is an independent statutorytribunal established under the Act. The Tribunal has primary responsibility fordetermining all disputes. If the parties cannot reach agreement through theconciliation process, the Tribunal determines the dispute through arbitrationhearings.Conciliation processDisputed claims will be the subject of a conciliation process in order to try andresolve the disputes informally and at the minimum cost.Initially a conciliator from the Tribunal will contact the parties to establish whatissues are in dispute and what is being done to investigate those matters. If theclaim is not resolved during this preliminary stage, then a more formal conciliationconference will be held.All parties to the dispute should be prepared to discuss the claim when contactedby the conciliator, and should be able to:• identify the issues in dispute and what benefits are being claimed• advise the conciliator of any investigations or medical examinations that havebeen arranged, or are to be arranged• discuss the claim generally, with the aim of identifying any possible options toresolve the dispute.During this preliminary stage, the conciliator may give directions to either or allparties as to what is to be done to facilitate a resolution.Conciliation conferencesIf the dispute has not been resolved during the preliminary stage, the conciliatorwill hold a conciliation conference usually after all investigations and medicalexaminations have taken place.A conciliation conference is a meeting where the worker, employer and insurerdiscuss all issues relating to the dispute and try to resolve it. All parties areencouraged to put their views, to listen to the views of the other parties, and todevelop ways to resolve the dispute themselves.Each party will receive a letter giving Notice to Attend the conference. Attendanceis compulsory.20
Employers and insurers must be represented by someone with full authority to acton their behalf and to bind the employer and insurer to any agreement reached.At the conference the parties will be given the opportunity to have open andunprejudiced discussions in an endeavour to resolve the issues. Nothing said atthe conference can be used in evidence at any Tribunal hearing.If any of the parties intends to rely on any report or proof of evidence at a futureTribunal hearing, it can only be used if it has been produced at the conciliationconference (unless it was not available at the time of conciliation).The Act provides that neither party can be represented by a legal practitioner at aconciliation conference unless the conciliator determines that a person’s interestswould be materially disadvantaged by not being represented, or that the conferencewould be more likely to resolve the claim with the presence of a legal practitioner.In practice, many parties have legal representation during conciliation.How to prepare for a conference: the workerThe worker is required to provide the conciliator with any information to supporttheir case; for example, medical or other reports. This information should besupplied to the conciliator and the other party well before the conference or, ifthat is not possible, brought to the conference.If the worker does not have a medical report in support of the claim, they may haveto obtain one from their treating general practitioner or specialist.If the worker is in any doubt about what needs to be taken to a conference or whatwill be involved, they should get in touch with the contact person at the Tribunalnamed on the Notice to Attend.The worker may wish to bring someone to the conference to assist and providesupport, and this is acceptable. This may be a friend, family member, union officialor other helper.The worker needs to be prepared to speak clearly and calmly about the merits ofthe claim, or express disagreement over action taken by the employer or insurer. Itis acceptable practice to refer to notes during a conference, and the worker shouldprepare the case beforehand.The worker should consider what outcome they want from the conference, and beprepared to discuss that and other options.How to prepare for a conference: the employer and the insurerThe employer should discuss the claim with their insurer before the conference.The employer and the insurer should be ready to explain why the claim has beendisputed, or other action taken, and should be prepared to hear and consider thereasons why the worker disagrees with the employer’s decision. If the employer isto be represented by another person, that person should know all the circumstancesof the dispute and be authorised to discuss the issues fully and reach a bindingagreement.The employer and the insurer should bring with them any information they havewhich relates to the dispute. If they are in any doubt about what needs to be takento a conference they should get in touch with the contact person at the Tribunalnamed on the Notice to Attend.If the worker is not presently at work, the employer should develop possibleoptions for a return to work for the worker, and be prepared to discuss theseoptions at the conference.A representative of an employer organisation may attend the conference to adviseand support the employer.21
Page 2 and 3: DISCLAIMERThis information is for g
Page 4: ContentsAbout Workers Compensation.
Page 16: How long can benefits continue?Week
Page 20 and 21: Obligations relating to rehabilitat
Page 24 and 25: What happens at a conference?First,
Page 26 and 27: Other Sections of the Act where dis
Page 28 and 29: diseaseAny ailment, disorder, defec
Page 30 and 31: specialised insurerAn insurer or pr
Page 32 and 33: Nominal InsurerThe Nominal Insurer
Page 34 and 35: Sample return-to-work planThe follo
Page 36: HOBART 30 Gordons Hill Road, PO Box

Guide To Workers Compensation In Tasmania - WorkCover

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