Conciliation

The Accident Compensation Conciliation Service attempts to resolve workers compensation disputes in Victoria between injured workers, employers and WorkSafe Victoria or their Agents.

The conciliation process is conducted by a Conciliation Officer. Conciliation Officers try to bring the parties to an agreement. If agreement cannot be reached, they can recommend a solution, or, in certain circumstances, direct that weekly payments or medical expenses be paid. They can also refer a dispute to the Medical Panel or issue a certificate allowing the parties to proceed to court.

1. Some disputes can be resolved without a conciliation conference, however, in most cases a conference is held where the parties fully discuss all issues relating to the dispute and attempt to reach a resolution. The parties are encouraged to put their views to each other, and to develop ways to resolve the dispute themselves. Conferences are held in private meeting rooms, either at the Conciliation Service offices in Melbourne or in community centres or municipal offices in regional areas.
   
   
2. In order to refer a dispute to conciliation a Conciliation Request From must be lodged within 60 days of the date of the adverse decision has been made. In certain circumstances lodgement may be accepted outside the 60 days timeframe if particular circumstances are considered appropriate.
   
   The Conciliation Service sends a letter to all parties involved advising that the request for conciliation has been received. Shortly after this letter is sent, the dispute is allocated to a Conciliation Officer, and a conference is arranged. The Conciliation Service schedules the conference within about six weeks but the time can vary.
   
   In some cases disputes can be resolved prior to conference and the conference does not need to proceed.
   
   It may be possible for you and the other parties to reach an agreement. The Conciliation Officer will help finalise details of the agreement and, after the conference, send you a certificate certifying what has been agreed to by the parties. The certificate will outline the terms on which the dispute is resolved and it will certify that each party is bound by the result. The certificate is evidence of the resolution of the dispute and the terms on which the dispute has been resolved. Before the certificate is issued, you may ask for time to think about the outcome or seek advice. The Conciliation Officer may propose a recommendation for resolving the dispute. You can then consider whether you will accept the recommendation as a way of concluding the dispute. If it becomes clear at the conference that further information is needed, the Conciliation Officer may adjourn the matter to obtain the information, or may refer a medical question to the Medical Panels for an opinion.
   
   
3. In some disputes, the parties involved do not reach an agreement even if a recommendation has been made. In these circumstances:
   
   
   • If the Conciliation Officer is satisfied that there is no arguable case for denying payment, a direction that weekly payments or medical expenses may be given.
     
     
   • If there is an arguable case, a certificate is issued allowing the person making the claim to take action in the court system to determine the matter.
     
     
   • Court action can only be taken if the Conciliation Officer also certifies that all reasonable steps have been taken by the person making the claim to settle the dispute.

Generally speaking injured workers are not allowed to be represented by their lawyer at conciliation without obtaining prior consent from the Conciliation Officer, WorkSafe Victoria or their Agents and the Employer. A task that can be time consuming and frustrating and can often result in a denial of the request from one or more of the parties.

Clark Toop & Taylor are one of the few firms in Melbourne, that provide an experienced and specialised representative whose attendance cannot be challenged and can assist, prepare for and appear at the conference with you. Our representative will:-

• Explain the conciliation process to you in simple everyday terms and ensure you understand what happens
• Assist in identifying relevant information including arranging appropriate medical reports and providing the information to the Conciliation Officer
• Attend the conference with you, advocate on your behalf and present the information that supports why you disagree with the decision about your claim or entitlements
• Help you consider what outcomes and options are appropriate and available to you and liaise with your lawyer as required
• Ask the Conciliation Service to provide an interpreter if you have difficulty speaking, reading or understanding English
• Ensure full copies of all relevant information used to make the decision are exchanged and ensure the Conciliation Officer obtains and exchanges the information on the day of the conference if not provided prior to conference
• Try to resolve your dispute prior to conciliation if possible
• Ensure your rights are protected