Regulation of legal costs for work capacity decision reviews

We sought feedback on a new regulation to allow payment of legal costs in connection with work capacity decision reviews.

  • The Issue

    Consultation period: 19/10/2015 12:00 am to 26/11/2015 12:00 am

    We sought public and stakeholder feedback on a new workers compensation regulation to allow payment of legal costs in connection with work capacity decision reviews.

    Input from our stakeholders is essential for SIRA to build a regulatory framework for how the new legal costs provision will operate.

    The discussion paper outlined three regulatory options:

    • setting a maximum cost of specific legal services
    • establishing classes of reviews where legal costs are not payable
    • identifying circumstances where one party may be liable to pay the other’s legal costs

    Submissions were open from 29 October to 26 November 2015.

    All non-confidential submissions have been published (see outcomes tab).

    A submissions summary, which provides a high-level overview of the key themes articulated in the submissions received, was published in December 2015.

    For more information, email

  • Milestones

    • 29 October 2015: Discussion Paper published on the SIRA/WorkCover and the NSW Government ‘Have Your Say’ websites
    • 29 October – 26 November 2015: Submissions open
    • 27 November – 17 December 2015: SIRA reviews submissions and prepares summary of feedback
    • 18 December 2015: Submissions summary paper published
  • Outcomes

    The information provided through this public consultation will be used to develop detailed regulatory options for consideration by government, with the view to finalising and implementing a new regulation.

    We will continue to consult and engage with stakeholders throughout the development and implementation phases.

    Any questions or enquiries should be emailed to

    View the submissions here

Have your say


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