This pathway fast-tracks the resolution of smaller disputes about weekly payments, medical expenses and injury management.
Expedited assessments can provide quick results for all parties involved in a dispute. A teleconference is held 14 days from the date of lodgment of the application and most disputes are resolved at the teleconference.
Expedited disputes are managed by a senior lawyer or arbitrator from the Commission.
Applications for expedited assessment, and replies to those applications, may be lodged with the Commission.
Before lodging a dispute with the Commission, a worker must have first submitted a claim on their employer or their employer’s workers compensation insurer.
Workers who disagree with all or part of the insurer’s decision have the right to request a review by the insurer before lodging an application with the Commission.
The person or party lodging the application is called the applicant. The person or party responding to the dispute application is called the respondent.
A worker can lodge an application for expedited assessment with the Commission when:
In some circumstances, the Commission may decide that a dispute is not suitable for the expedited assessments pathway and it may be reassigned to the legal disputes pathway.
The Commission cannot resolve all workers compensation disputes because the law requires some classes of workers to seek assistance with their claims from other agencies responsible for their administration. These classes of workers include coal miners, volunteer rescue workers and workers who suffer specified dust-related conditions.
Lodging the application for expedited assessment (Form 1) is the first step for the applicant to apply to have a dispute about weekly compensation and/or medical expenses compensation resolved by the Commission through the expedited assessments pathway.
Lodging the application to resolve a workplace injury management dispute (Form 6) is the first step for the applicant to apply to have a dispute about workplace injury management resolved by the Commission.
Most applicants are legally represented and the application is lodged by the legal representative on their behalf. The application can be lodged by email, through the Commission’s online lodgment portal, by post or in person. More information about lodgment methods is available on our lodge a dispute page.
A teleconference will be booked 14 days from the date the application is accepted by the Commission. It is therefore important that all applicants ensure they are available to participate two weeks after the lodgment date. Teleconference dates are not usually changed, so it may be best to delay lodgment, if needed, until the applicant and their legal representative are available. All parties will be notified of the date and time of the teleconference by the Commission.
All relevant information must be attached to the application. An application should not be lodged until all relevant material is available because it may not be possible to include further information later in the dispute resolution process.
At the same time as lodging the application and relevant information, the worker or their legal representative must also serve a copy on the employer or their insurer. The Commission does not return copies of the application after registration.
The Commission’s guide to completing an application for expedited assessment (Form 1) and guide to completing an application to resolve a workplace injury management dispute (form 6) provides details on completing and preparing the application.
The next step in the lodgment process is for the respondent or their legal representative to respond to the application by lodging a reply to application for expedited assessment (Form 1B) or to respond to the application to resolve a workplace injury management dispute by lodging a reply to an application to resolve an injury management dispute (form 6B).
Most respondents are legally represented and the reply is lodged by the legal representative on their behalf.
The reply can be lodged by email, through the Commission’s online lodgment portal, by post or in person. More information about lodgment methods is available on our lodge a dispute page.
At the same time as lodging the reply, a copy is required to be served on the worker or their legal representative.
The Commission does not return copies of the reply after registration.
The application will proceed even if the respondent chooses not to lodge a reply or does not respond in the required time, which is three days before the date of teleconference.
All information relevant to the dispute, which is not attached to the application, must be attached to the reply and provided to the other party. It may not be possible to include further information later in the dispute resolution process.
The Commission’s guide to completing Form 1B – reply to an application for expedited assessment (Form 1B) provide details on how to complete a reply to application for expedited assessment (Form 1B).
Most parties are legally represented in the Commission’s dispute resolution proceedings.
Workers are usually entitled to funding for legal assistance when their claim is disputed. Applications for legal assistance funding should be made to the Independent Legal Assistance and Review Service (ILARS). Your legal representative will usually apply to ILARS on your behalf for legal assistance funding. If you don’t have a lawyer, ILARS may also be able to assist you to locate one. ILARS is administered through the Workers Compensation Independent Review Office (WIRO). Call WIRO on 13 94 76 for more information.
The following bodies may be able to assist a worker to locate a lawyer:
You can choose to represent yourself, but you must indicate this on the front page of your application form.
The Commission is committed to providing equal access to our services. The Commission conducts proceedings in various regional locations, in addition to our location in Sydney.
We can provide accessibility assistance to contact the Commission, to attend proceedings or our medical assessments. All Commission offices, including regional venues, provide for disability needs and we will make arrangements to ensure you have the necessary support.
We can also arrange interpreters, at no cost, to assist you with your dispute resolution application and proceedings. An interpreter will also be provided if you are required to attend a medical assessment.
Learn more about our accessibility and interpreter support.
The Commission’s dispute resolution services are free, including medical assessments.
The time taken to resolve a dispute depends on:
The Commission aims to resolve disputes as quickly as possible and will encourage the parties to resolve their dispute at the earliest opportunity.
Practice Direction No 10 - Interim payment directions
Practice Direction No 13 - Schedule of Earnings
Practice Direction No 15 - Work Capacity Disputes
Forms - Word
Form 1 - Application for Expedited Assessment
Form 1B - Reply to Application for Expedited Assessment
Form 6 - Application to resolve a workplace injury management dispute
Form 6B - Replying to an application to resolve a WIM
For PDF versions of forms click here
Guides to completing forms
Most disputes in the expedited assessments pathway are resolved during the teleconference.
Once an application for expedited assessment or an application to resolve an injury management dispute has been accepted by the Commission, a teleconference will be scheduled 14 days from lodgment. The Commission will inform each party in writing of the time and date of the teleconference.
The teleconference is conducted by a senior lawyer or arbitrator from the Commission who will have read all the evidence on which each party relies.
The teleconference may be attended by:
Once all parties are connected to the teleconference, the senior lawyer or arbitrator will be connected and will introduce the parties and explain the process. Senior lawyers and arbitrators are required to use their best efforts to bring the parties to an agreed resolution.
The teleconference is scheduled to run for up to 90 minutes, although it often takes less time than that.
At any stage during the teleconference, there is a facility for either party to have a private conversation with their legal representative, even if they are not in the same location. The senior lawyer or arbitrator will use the teleconference facilities to arrange this.
If a dispute is not resolved at the teleconference, the senior lawyer or arbitrator will either seek further information (such as obtaining an assessment by an injury management consultant) or will decide the dispute and issue a decision. Decisions are issued to the parties within 14 days.
During the teleconference, the senior lawyer or arbitrator will assist the parties to identify the issues in dispute and encourage them to reach an agreement about the dispute or part of the dispute. The senior lawyer or arbitrator will confirm:
As the senior lawyer or arbitrator is independent and impartial, they will not talk to any party unless all other parties are present.
The parties involved in a teleconference will usually choose to participate from a quiet location where there are no distractions or background noise. Workers can participate from their home or they may prefer to attend their legal representative’s office to participate.
Only documents that have previously been lodged with the application, or the reply, can be referred to during the teleconference, unless the senior lawyer or arbitrator allows the addition of further documents.
Practice Direction No 10 - Interim payment directions
Practice Direction No 13 - Schedule of Earnings
Practice Direction No 15 - Work Capacity Disputes
Forms - Word
Form 1 - Application for Expedited Assessment
Form 1B - Reply to Application for Expedited Assessment
Form 6 - Application to resolve a workplace injury management dispute
Form 6B - Replying to an application to resolve a WIM
For PDF versions of forms click here
Disputes in the expedited assessments pathway are usually resolved by agreement between the parties, otherwise the senior lawyer or arbitrator will make a decision.
If an agreement is reached at the teleconference, the senior lawyer or arbitrator will issue a written outcome which contains the agreement.
If agreement is not reached at the teleconference, the senior lawyer or arbitrator will issue either:
All parties will receive a copy of the interim payment direction or recommendation.
In disputes concerning workplace injury management, the senior lawyer or arbitrator may first direct that an independent injury management consultant (IMC) or other suitably qualified person conduct a workplace assessment in connection with the dispute. This may involve the IMC discussing the workplace needs with the worker, employer and the worker’s treating doctor. The IMC will provide the Commission with a workplace assessment report, which will be issued to the parties. The senior lawyer or arbitrator may hold a further teleconference to discuss the report and attempt to find a resolution with the parties before issuing a recommendation.
A party may seek review of a decision of the senior lawyer or arbitrator.
Either party can apply to the Registrar to revoke an interim payment direction. In some matters involving weekly compensation, there may be a limited right of appeal to a presidential member.
A recommendation in relation to a work injury management dispute is also reviewable if a party makes a written request to the Registrar within 14 days of the recommendation being issued.
