WCC e-Bulletin No. 64 - November 2015 - Rules

President’s Welcome

Welcome to e-Bulletin No. 64 of the Workers Compensation Commission.

This bulletin outlines:

• Amendments to the Workers Compensation Commission Rules 2011

On 13 November 2015, the Hon. Victor Dominello MP, Minister for Innovation and Better Regulation, approved amendments to the Workers Compensation Commission Rules 2011.

The amendments are to improve procedures to be followed in proceedings before the Commission.  Of particular importance to legal practitioners are new requirements regarding the lodgment of documents supporting an Application to Resolve a Dispute and/or a Reply and the lodgment of late documents.

Rule 10.3 now makes it a mandatory requirement for a worker to lodge, with the dispute application, a signed statement of the evidence to be given by the worker.  Where the proceedings include a claim for weekly payments of compensation, it is also mandatory to lodge with the application a schedule of all weekly compensation paid including the weekly amounts and the periods.

Rule 10.3 has also been amended to limit the number of occasions on which a party may lodge late documents with the Commission. If a party becomes aware or comes into possession of a late document and wishes to rely on that document, the party must as soon as practicable serve a copy on all other parties.  Under the rule amendment, the lodgment of late documents will be restricted to one occasion only, at least 5 working days prior to the medical assessment or teleconference, and one further occasion, at least 5 working days prior to the con/arb.  In limited circumstances, a party may be able to lodge additional late documents on one further occasion with leave of the Commission.  These changes have been necessitated by the ongoing high number of multiple late documents applications received in proceedings.

The rule amendments will apply immediately to all dispute applications registered on or after 16 November 2015.  A period of transition to the new rules will be implemented for all applications registered prior to 16 November 2015, ending on
31 December 2015.

A copy of the new rules and a summary of the amendments are available on the Commission’s website (www.wcc.nsw.gov.au).

Judge Greg Keating
President