New workers' compensation dispute resolution system

29/8/93

A new workers' compensation dispute resolution system which will cut delays and reduce costs for injured workers has been announced by the State Government.

Labour Relations Minister Graham Kierath said the changes would create a new conciliation, review and tribunal process coupled with a medical panel, all of which would greatly streamline the whole workers' compensation system.

"The emphasis is on getting workers back into the workforce quickly and ensuring they are much more rapidly compensated," Mr Kierath said.

"There is no question that the lengthy delays which were inherent in the old system were instrumental in keeping workers away from work."

Mr Kierath said that the new process to be introduced in Western Australia was in line with the recent draft report of the Federal Labor Government's Industry Commission Inquiry into workers' compensation released earlier this week.

"The Industry Commission indicated its preference is for reliance on non-adversarial dispute resolution procedures (with the accent on conciliation and arbitration).  Judicial determination should be a last resort."

The release of the Industry Commission report followed the presentation to the State Government some weeks ago of a report by Mr Rod Chapman which would form the basis for the new WA system.

The Chapman report had, with only two minor exceptions, been unanimously endorsed by the Workers' Compensation and Rehabilitation Commission.

"This means that representatives of unions, employers, medical practitioners and insurers all generally agree on the introduction of this new dispute resolution system," Mr Kierath said.

The new system would involve:

·         conciliation - the first step was informal conciliation between the parties.  No lawyers would be involved;

·         review - if there was no agreement at conciliation, the worker or insurer may apply to have the matter determined by a review officer.  Legal representation by the parties was allowed at the review stage; and

·         compensation tribunal - if parties were not happy with the review officer's decision, the matter may be appealed to a judicial tribunal and ultimately to the Supreme Court.

At any stage during these processes, disputes of a medical nature would go before a medical assessment panel of expert and independent doctors.

"This will also help accelerate claims and remove existing concerns about 'doctor shopping'," Mr Kierath said.

"There is no doubt that the introduction of a system which combines conciliation, the use of medical assessment panels and operating with the minimum of formality will reduce costs, speed up the compensation process and get workers back into the workplace more quickly."

Media contact: Brian Coulter 222 9595