The assessment conference is usually held at the Commission’s premises on level 21, 1 Oxford Street, Darlinghurst, Sydney, or at one of the Commission’s regional locations. In some circumstances a videoconference may be used instead of a face-to-face meeting.
The assessment conference may be attended by:
- the claimant
- the claimant’s legal representative
- the insurer
- the insurer’s legal representative
- an interpreter, if needed
- relevant witnesses, if permitted by the Member.
The Member will explain the process, assist the parties to identify the issues in dispute, then attempt to bring the parties to an agreement about some, or all, of the issues. The parties may be allowed some time to discuss the issue between themselves.
As the Member is independent and impartial, they will not talk to any party unless all other parties are present.
If the dispute is resolved at this stage, the proceedings will end, and the Commission's file will be closed.
If the Member forms the view that the dispute is not capable of being resolved by agreement of the parties, the Member will make an assessment based on the information and proceedings to date.
In conducting a claims assessment, the Member must make a determination on the issue of liability and specify the amount of damages for the claim. In doing so, they should have regard to information that is conveniently available to them.
The Member may include an assessment of the claimant’s costs in their decision.