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?

TELECONFERENCE

21 Days

56 Days

NO YES

ASAP

14 Days

21 DaysWRITTENDECISION

21 Days

CON/ARB

Include all documents

Further documents

Include all documents

Overall Workload

Application Type 2008 2009 2010

Application to Resolve a Dispute (Form 2) 8,898 8,707 8,921

Interim Payment Directions (Form 1) and Revocation of an IPD (Form 1A)

558 586 516

Workplace Injury Management dispute 154 124 139

Registration for Assessment of Costs 245 256 240

Commutations (Form 5A) and Redemptions (Form 5B) 163 267 227

Mediations (Form 11) 598 705 848

Arbitral Appeals (Form 9) 161 185 135

Medical Appeals (Form 10) 655 606 566

TOTAL 11,432 11,436 11,592

Time Taken to Resolve Matters

Time Taken to Finalise ARD Applications - Excluding Appeals

0%

20%

40%

60%

80%

100%

120%

Within 3 months Within 6 months Within 9 months Within 12 months

Average

KPI

Outcomes

ARD Issue Outcomes

31%

19%

48%

2%

Determined

Discontinued

Settled

Other

ARD Determined Outcomes

3%

17%

80%

Determined Ex-Tempore

Determined Written

Determined s66only

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

Do you have any

Questions?