No tortious duty of good faith exists between a workers' compensation insurer and an injured worker in the NSW statutory scheme. An implied contractual term of good faith cannot be implied into the statutory policy of workers' compensation insurance because it is not necessary to give the policy efficacy and would contradict the express terms of the policy and its statutory framework. The detailed statutory scheme, which prescribes substantive and procedural rights, provides dispute resolution mechanisms, and operates on an adversarial paradigm, precludes recognition of such duties. Australian law has not yet accepted a general implied term of good faith and fair dealing in contractual performance, though such a duty may be implied in specific classes of contracts where necessity is established.
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