Form and content
5.02 Form and content
(1) An application commencing a proceeding is to be in accordance with Form 5A and is to:
(a) specify the section of the Workplace Health and Safety Act 2007 or the Return to Work Act 1986 to which the application relates;
(b) state the full name, address, telephone number and facsimile number (if any) of the party making the application;
(c) if the party making the application is a worker who is represented by a person under section 98 of the Act – state the full name, address, telephone number and facsimile number (if any) of the person;
(d) if the party making the application is represented by a legal practitioner:
(i) state the name of the legal practitioner and his or her firm, the business address in Australia and the telephone, facsimile and reference numbers of the legal practitioner; and
(ii) if the legal practitioner is the agent of another legal practitioner – state the name, firm, business address and telephone, facsimile and reference numbers of the principal;
(e) specify, in accordance with rule 4.06, the address for service of the party making the application;
(f) be signed by the party making the application or a legal practitioner on the party's behalf;
show the date on which the application is filed; and
be signed and sealed by a Registrar.
(2) Unless the Court orders otherwise, an application filed by a worker is to be accompanied by a copy of the following documents (as applicable) that relate to the worker's claim:
(a) the worker's claim form and medical certificate referred to in section 82 of the Act;
(b) notifications of decisions and statements made under section 85 of the Act;
applications and decisions made under section 86 of the Act;
notices and statements given under section 69 of the Act;
(e) all hospital reports and medical reports in the worker's possession, whether or not they support the worker's claim;
(f) the certificate issued by the mediator under section 103J of the Act.
(3) An application under section 62(2) of the Act by a person claiming to be a dependant of a deceased worker is to be accompanied by a list of the names and addresses of all other persons who, to the best of the applicant's knowledge, were dependants of the deceased worker at the time of his or her death.
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