e-Bulletin No. 81 - December 2018

President’s Welcome

Welcome to e-Bulletin No. 81 of the Workers Compensation Commission.

This bulletin outlines:

• Christmas timetable
• Registry opening hours
• Issuing CODs and MACs over Christma/New Year period
• Workers Compensation Legislation Amendment Act 2018
• Farewell message

Christmas timetable

Urgent matters may be listed, at the request of parties, during the period from
24 December 2018 to 4 January 2019.

Registry opening hours

The registry is usually open for business from 8.30 am to 4.30 pm, Monday to Friday, except for public holidays.  During the Christmas/New Year period, our business hours for counter and telephone services will be:

Monday 24 December 2018                                   10.00 am to 3.00 pm

Tuesday 25 December 2018                                  Closed

Wednesday 26 December 2018                             Closed

Thursday 27 December 2018                                 10.00 am to 3.00 pm

Friday 28 December 2018                                      10.00 am to 3.00 pm

Monday 31 December 2018                                   Closed

Tuesday 1 January 2019                                        Closed

Documents may be lodged electronically during the above period in accordance with Part 5 of the Workers Compensation Commission Rules 2011.

Issuing CODs and MACs over Christmas/New Year period

Normal appeal time limits continue to apply over the Christmas/New Year period.  Noting that, the Commission will not issue Certificates of Determination and Medical Assessment Certificates from 24 December 2018 to 4 January 2019 inclusive.

Consent orders received from the parties will be signed, sealed and issued during the above period.

Workers Compensation Legislation Amendment Act 2018

The Workers Compensation Legislation Amendment Act 2018 received assent on
26 October 2018.  Among other amendments, the amendment Act provides for two significant changes to the jurisdiction of the Commission.

Work capacity decision disputes

By the amendment Act, the Commission will determine disputes about work capacity decisions of insurers.  By the transitional provisions, the jurisdiction of the Commission will apply to work capacity decisions made on and after the commencement of the relevant amendments.  It is anticipated that the relevant amendments will be proclaimed to commence on 1 January 2019.  Decisions made prior to 1 January 2019 will be dealt with for the time being under current dispute resolution processes.

The changes also allow for work capacity disputes to be referred for expedited assessment under Part 5 of Chapter 7 of the 1998 Act. Determination by the Commission will be deferred when a dispute is referred for expedited assessment.

The Commission will make changes to the suite of forms to facilitate work capacity disputes.  Both the Form 1 – Application for Expedited Assessment and Form 2 - Application to Resolve a Dispute will be amended to provide for referral of work capacity disputes to the Commission.

Parties should lodge the following application form depending on the nature of the dispute:

The Commission will triage applications on receipt and will redirect matters to the appropriate stream if the incorrect form is completed.

Form 1 applications will be referred for resolution under the expedited assessment process, with an initial teleconference to be scheduled 14 days after registration.  Form 2 applications will be scheduled for initial teleconference 28 days after registration.

Parties are reminded that the Commission’s dispute resolution process is front-end loaded and applicants should be ready to proceed to determination of the dispute on lodgement of an application.  Adjournment applications will only be considered in accordance with Practice Direction 2 (Adjournment of Proceedings), noting that failure to properly prepare a matter is not a sufficient reason for an adjournment.

Permanent impairment disputes

The Commission will have jurisdiction to award lump sum compensation without the requirement to refer disputes concerning the degree of permanent impairment for assessment by an Approved Medical Specialist.  This is provided for by the repeal of
section 65(3) of the 1987 Act and section 293(2) of the 1998 Act.

In appropriate circumstances, matters will be referred to a teleconference before an Arbitrator in lieu of referral to an Approved Medical Specialist.  An Arbitrator may refer the dispute for assessment by an Approved Medical Specialist, where appropriate.

Practice and procedure changes

The changes will commence by proclamation, which is expected to be 1 January 2019.  New forms and practice directions will be issued as required.  The Commission’s practice and procedure in relation to work capacity disputes will be reviewed after three months.

Farewell message

Today marks my retirement from the Commission after eleven years as President.

It has been a challenging but highly rewarding role, and one that I am sure I will miss.  However, I take comfort in knowing that the Commission is well positioned to meet the many challenges ahead.  The Government’s confidence in the Commission has recently been demonstrated by the 2018 legislative amendments which, as briefly addressed in this bulletin, restores the Commission’s jurisdiction to determine the full gamut of workers compensation disputes.  The Commission’s timeframes for resolving disputes have never been better and appeal rates have been kept to historically low levels.  Further, the Commission has embraced the digital age with a new website under development and a fully digital service delivery platform soon to be launched.

I have been exceedingly fortunate during my term to have been assisted by some extremely bright and hardworking members and staff, to whom I will always be grateful.

I wish all at the Commission and all who practise here the very best for the future.

Judge Greg Keating
President