Our commitment to service
The Workers Compensation Commission is an independent statutory tribunal and is part of the justice system in New South Wales.
The Commission provides fair, just, timely, and cost effective resolution of workers compensation disputes.
The Commission is also committed to access and equity for all the people who use its services and the Access & Equity Service Charter details this commitment.
Below is a summary of the main points of the Charter:
How the Commission can assist you
The Commission offers an informal dispute resolution service to resolve workers compensation disputes between injured workers and employers.
The Commission's Arbitrators are trained to conduct Commission proceedings in a way that is fair to all parties. At every stage of the process Arbitrators encourage and assist parties reach agreement. Where agreement cannot be reached Arbitrators will issue a binding decision.
If you have a dispute before the Commission, you should take an active role in how your case is progressing. At any stage you may contact the Commission for assistance or information if you need it.
The Commission realises that a workers compensation dispute can be stressful for everyone concerned and is committed to ensuring that it provides clear, useful and timely information about the dispute resolution process.
How much does it cost to come to the Commission?
Cost is no barrier in having a workers compensation dispute heard:
- The Commission provides it services free to all parties.
- There are no fees for lodging your dispute.
- Generally, employers pay any legal costs associated with workers compensation disputes.
The only circumstance in which a worker would be liable for legal costs is if an application is made without proper justification, or is determined to be frivolous, vexatious or fraudulent.
What if I don't have a lawyer?
You can come to the Commission without a lawyer or the help of an agent such as a union representative. However, it is important to realise that the other people (or parties) involved in your case may have legal representation.
If you do not have legal representation and you require assistance you should let the Commission know. We recognize that you may need assistance with:
- understanding how the Commission operates and what to expect
- lodging your dispute
- preparing and presenting your dispute
The commission can provide this information to you including sending our DVD, which helps you understand our dispute resolution process, and how you can be involved.
If you have a conciliation/arbitration hearing the Arbitrator will also ensure that you understand what is happening and can assist you to write down any agreement that you reach with the other party.
I have a disability. Can you assist me?
All members of the community have equal access to the Commission's services. Assistance is provided for people with disabilities to enable them to participate in the Commission's proceedings. If you have a disability and need assistance let the Commission know when you lodge your Application.
- If necessary, proceedings can be broken into shorter intervals.
- The Commission has user-friendly hearing rooms, hearing loops and TTY services for those who are hearing impaired
- The Commission's premises in metropolitan Sydney have wheelchair access and amenities as do venues we use outside Sydney.
What if I need an Interpreter?
Qualified interpreters are provided free of charge for Commission proceedings. Please note that you cannot use a friend or family member to act as your interpreter during Commission proceedings.
- If you are an Aboriginal or Torres Strait Islander and you require assistance to communicate, you must let the Commission know.
- Brochures outlining the Commission's main processes have been translated into ten community languages: Arabic, Cantonese, Croatian, Greek, Italian, Macedonian, Mandarin,Serbian, Spanish, Turkish and Vietnamese.
These brochures are available directly from the Commission or online. The translated information is also on this website.
- AUSLAN interpreters for the hearing impaired.
I live out of town. How can I get to the Commission?
You do not need to come to Sydney to have your dispute heard. The Commission has appointed Arbitrators throughout New South Wales.
- Wherever possible, the Commission will travel to hear cases in the location most convenient to the parties. If you live in a rural or regional area, you should indicate the regional centre closest to you when you file your Application.
- The Commission has high quality telephone and video technology to enable people to attend certain proceedings using these facilities.
- Periodically, the Commission gives seminars and information sessions in regional and rural areas about its work.
How will I understand what is happening in my case? Everything possible will be done to help you understand what is happening in your case:
- The Commission will write to you, as well as your lawyer or agent, outlining the steps in your case. If you have questions you should contact the Commission Officer named on your correspondence.
- Explanations of the Commission's processes and procedures have been written in 'plain English' and are available on this website, as well as in a number of easy-to-understand printed brochures, which can be obtained directly from the Commission. Our DVD/video also explains the stages of the dispute resolution process, what is involved, and how you can be involved in the process.
How will a Decision be made in my case?
A decision about a case (or 'matter' as cases are called in the Commission) can be made in a number of different ways:
- If you and the other people (or parties) involved in your dispute come to an agreement, this will be put in writing and made an 'order' of the Commission. You will be sent a document called a 'Certificate of Determination' with a statement, which explains that the Commission has made this order because the parties have agreed or 'consented'.
- If you and the other parties cannot agree on how to resolve your dispute the Arbitrator assigned to your case will make the decision. This will also be sent to you as a 'Certificate of Determination', with a statement giving reasons for the decision.
- The Commission's Arbitrators are trained to, where practicable, write their reasons in a simple and understandable way, although this may be difficult if the matter is complex.
If you do not understand the decision which has been made in your case you should first discuss this with your legal advisor or agent, if you have one. If you still do not understand the decision you can contact the Commission Officer who has been dealing with your case and he or she will help you.
Can I appeal against a decision?
The Commission has clear processes in place for dealing with Appeals.
- You can appeal against a decision by a Commission Arbitrator. This is the only way the outcome of a case can be changed.
However, you must have sound reasons for making an Appeal. There are strict guidelines and time constraints that must be observed, so it is advisable to get legal advice before proceeding.
- You can get information about the Appeals process from this website, as well as in the brochure, 'Appeals', which is available directly from the Commission.
Can I make a comment or complaint to the Commission?
The Commission believes that a professional response to suggestions and complaints about its practices and procedures promotes fairness, leads to improvements in its services, and creates confidence in the outcome of disputes.
- Any comment or complaint about the actions of staff or members of the Commission, Arbitrators or Approved Medical Specialists must be made in writing and addressed to the Registrar. The Registrar will respond, also in writing.
- A complaint that does not identify the person who is making the complaint, or is not signed, cannot be given a written response.
Please note that a complaint is quite different to an Appeal, which is part of the legal process. A decision made by the Commission cannot be overturned by a complaint.
Feedback and key relationships
The Commission is responsive to feedback from the people who have used its services and from the key organizations with professional interest in its work.
Ongoing education and training seminars are offered to groups such as employers, insurers, medical practitioners, trade union personnel and the legal profession.
The Commission also conducts surveys of parties who have used the Commission to find out how effective those services have been.
A copy of the Commission's Access & Equity Service Charter is available from the Commission. This Charter is a living document, which will be reviewed annually by the Commission to ensure that it remains effective.