S22. Insurer participation in disputes and mediations

Commencement date: 21 October 2019

Fully informed and good-faith participation in Commission dispute resolution processes can assist the timely and effective resolution of disputes.

Principle

All parties will participate in Commission teleconferences, conciliations/arbitrations and mediations in good faith and with a view to achieving the timely and effective resolution of disputes.

ExpectationsBenchmarks
S22.1

As far as possible, insurers are to ensure that a person with knowledge of the relevant claim and who holds appropriate delegation to make decisions and provide instructions to legal providers is either in attendance in person or available by phone during Commission dispute resolution processes.

Evidence on claim file

The Workers Compensation Commission (the Commission) is required to use its best endeavours to bring the parties to a dispute to a settlement/agreement.

Fully informed and good-faith participation in Commission dispute resolution processes can assist the timely and effective resolution of disputes.

In representing the employer in a dispute, the insurer is required to genuinely participate in the Commission disputes and mediations.

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