Dispute Resolution in Workers' Compensation: Objectives & Processes

1. Dispute Resolution in the Workers Compensation Commission 15 October 2011

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

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

4. Establishment 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)

5. PROGRESS OF A MATTER IN THE WORKERS COMPENSATION COMMISSION MANDATORY INTERNAL REVIEW LODGMENT/ REGISTRATION Include all documents OPTIONAL REVIEW 7 Days SERVICE 14 Days Include all documents REPLY 14 Days TELE CONFERENCE NO DIRECTIONS ? YES Further documents DIRECTIONS 21 Days 56 Days CON/ARB 21 Days 21 Days ASAP WRITTEN DECISION

6. Overall Workload

7. Time Taken to Resolve Matters

8. Outcomes

9. Dispute resolution in the Commission • 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

10. 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

11. Purpose of telephone conference • 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

12. The Conciliation Phase • 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

13. The Arbitration 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

14. 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

15. 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

16. Arbitrator Competencies • Knowledge and values • Communication • Conduct of cases • Evidence • Decision-making • Facilitation, case management and administrative skills

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

18. Do you have any Questions?