Deviations from the prescribed Form 22 under the Workers' Compensation and Rehabilitation Act 1981 (WA), including use of an outdated version of the form and omission of details about prior conferral and the employer's insurer, do not invalidate a referral under s 93D(5) where the deviations do not materially affect the substance of the form. The jurisdictional prerequisite under s 93D(5) is the inability to agree, not a formal statement of that inability on the form. The relevant time for determining whether Division 2 of Part IV applies is when damages are to be awarded, not when the statutory procedures were employed. The question whether the Director's decision is truly adjudicative in character was expressly left open.
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