COMPARISON OF WORKERS' COMPENSATION ARRANGEMENTS
DISPUTE RESOLUTION
WESTERN
AUSTRALIA
QUEENSLAND
TASMANIA
NORTHERN
TERRITORY
A.C.T.
NEW ZEALAND
Conciliation and
Steps are:
Worker's
Step are:
The Workers'
The steps are:
Review Directorate
Internal review by
Rehabilitation and
(a) Mediation
Compensation
review by an
Up to 4 stages:
WorkCover or the
Compensation
Regulations 2002
(b) Work Health
independent
Tribunal (the
prescribe
(a) Conciliation
self insurer
Court
review official
Tribunal)
procedures for
engaged by ACC
(b) Review
Formal review by
(Conciliation and
conciliation and
Review Unit that
Up to 3 stages:
or the Residual
(c) Compensation
directions
dispute resolution.
is separate from
(a) Conciliation
Insurer
Magistrate's Court
conferences before
The function of
WorkCover's
(b) Arbitration
Registrar; hearing
conciliation is to
appeal to the
(d) Supreme Court
commercial
by Magistrate if
help injured
District Court
(c) Appeal to
Questions on
insurance
dispute
workers and their
Supreme Court on
appeal to the
medical issues,
business
unresolved.)
employers resolve
a question of law
High Court, if
such as when
Appeal to
Before making an
issues arising from
leave is granted
there is conflicting
industrial
The Tribunal may
application to the
workers' claims for
by the District
opinion between
magistrate
refer a medical
Work Health Court,
compensation.
Court to do so
the worker's
question to a
Appeal to
the worker must
The primary
doctor(s) and the
medical panel
industrial court
first apply for and
function of
employer's
when there is
complete the
conciliation is to
doctor(s), can be
Medical Issues:
conflicting medical
mediation process
encourage and
referred to a
referral to Medical
opinion, and one of
support the
Medical
Assessment
the parties wishes
continuance of
Assessment Panel.
Tribunal (MAT)
to continue with
injury management
The Panel also has
No appeal against
proceedings. The
whilst issues
the ability to
a decision by MAT
determination of
related to the claim
determine the
unless fresh
the medical panel
are addressed.
nature, extent and
medical evidence is
is binding on the
Regulation 37
degree of
submitted within
Tribunal
permanency of any
12 months of the
After conciliation,
disability under
MAT decision
an injured worker
Schedule 2
or employer may
file an application
for arbitration.
Regulation 48
Heads of Workers' Compensation Authorities 41