Dispute Resolution in the Workers Compensation Commission 15 October 2011

(a)a fair & cost effective system for the resolution of disputes (b)reduce administrative costs across the workers compensation system (c)timely service ensuring that workers’ entitlements are paid promptly (d)a registry and dispute resolution service that meets worker and employer expectations in relation to accessibility, approachability and professionalism Commission’s Statutory Objectives

e) independent dispute resolution service that is effective in settling matters and leads to durable agreements f) effective communication and liaison with interested parties concerning the role of the Commission Commission’s Statutory Objectives

The members of the Commission consist of:  President  2 Deputy Presidents  3 Acting Deputy Presidents  Registrar  35 Arbitrators (18 FTE + sessional)  140 Approved Medical Specialists  25 Mediators (several are also Arbitrators) Establishment

DIRECTIONS REPLY SERVICE LODGMENT/ REGISTRATION 7 Days 14 Days PROGRESS OF A MATTER IN THE WORKERS COMPENSATION COMMISSION MANDATORY INTERNAL REVIEW OPTIONAL REVIEW DIRECTIONS ? TELE CONFERENCE 21 Days 56 Days NOYES ASAP 14 Days 21 Days WRITTEN DECISION 21 Days CON/ARB Include all documents Further documents Include all documents

Overall Workload Application Type Application to Resolve a Dispute (Form 2)8,8988,7078,921 Interim Payment Directions (Form 1) and Revocation of an IPD (Form 1A) Workplace Injury Management dispute Registration for Assessment of Costs Commutations (Form 5A) and Redemptions (Form 5B) Mediations (Form 11) Arbitral Appeals (Form 9) Medical Appeals (Form 10) TOTAL11,43211,43611,592

Time Taken to Resolve Matters

Outcomes

1.Early information exchange 2.Conciliation * Best endeavours * Teleconference * Face-to-face conference 3.On the papers review 4.Arbitration hearing 5.Injury management 6.Common law mediation 7.Binding medical assessments Dispute resolution in the Commission

The Arbitrator The role of the Arbitrator is to:  Be impartial and independent  Make a determination if parties cannot agree  Work with the Commission to provide a just, timely, fair, and affordable service  Meet worker and employer expectations in relation to accessibility, approachability, and professionalism

Explore resolution of the dispute Ensure parties understand the nature of the proceedings and clarify the process If issues are resolved, discuss how matter should be finalised If issues are not resolved, discuss how to prepare the matter for the next phase, including state of the evidence Purpose of telephone conference

Opportunity to explore resolution of the dispute face to face; Explore how the matter might be finalised Introduction Clear explanation of process Interpreters Participation by worker Control of proceedings No private sessions The Conciliation Phase

Clear distinction between phases Brief adjournment – final opportunity for settlement discussions Use of recording equipment Formal notification of matter/parties Entering evidence on the record Clarification of issues for determination Ex tempore or reserved decision in 21 days The Arbitration Phase

Rules and Guidelines Registrar’s Guidelines on:  Practice on Conciliation/Arbitration in the Commission  Standards of Conduct in Proceedings  Work Injury Damages Arbitrator and Mediator Codes of Conduct Arbitrator, Mediator and AMS Reference Groups

Arbitrator Code of Conduct In exercising their powers, an Arbitrator must:  Demonstrate fairness  Avoid conflicts of interest  Maintain professional standards  Demonstrate media awareness  Identify and resolve ethical disputes  Avoid advantages  Report corrupt conduct

Arbitrator Competencies A.Knowledge and values B.Communication C.Conduct of cases D.Evidence E.Decision-making F.Facilitation, case management and administrative skills

Professional Development Program Arbitrator Professional Development Program Program includes:  Professional Development cycle  Framework of competencies  Peer review process  Appraisal system  Professional development plan

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