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These rules are the Workers Compensation and Injury Management Arbitration Rules 2024.
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Bill homepageThese rules are the Workers Compensation and Injury Management Arbitration Rules 2024.
These rules come into operation as follows —
Part 1 — on the day on which these rules are published on the WA legislation website;
the rest of the rules — on 1 July 2024.
In these rules —
approved form means a form approved under rule 77;
arbitration application means —
a general application; or
a death compensation application;
arbitration hearing means the hearing of a proceeding for determination of a dispute by arbitration;
business day means a day that is not a Saturday, Sunday or public holiday;
claimant means a person who has made a claim for compensation under Part 2 Division 10 of the Act;
compensation order has the meaning given in section 131 of the Act;
death compensation application means —
an application under section 140(1) of the Act for a compensation order; or
an application for an order of an arbitrator under any of the following provisions of the Act —
section 134(7) or (8);
section 141(2);
section 142(9);
general application means an application for determination of a dispute by arbitration made under section 331 of the Act;
give has the meaning given in section 497(1) of the Act;
interlocutory application means an application or request for an order in a proceeding, other than an order that finally determines the dispute between the parties;
lodge has the meaning given in section 497(1) of the Act;
proceeding means a proceeding before an arbitrator;
representative means a person specified in section 365(2) of the Act who is appointed by a party to the proceeding;
working day means a day on which the office of the Arbitration Service is open for business that is not a Saturday, a Sunday or a public holiday throughout the State.
In these rules —
in relation to a death compensation application, a reference to a party includes a reference to a claimant; and
a reference to a dispute is a reference to a dispute that is the subject of an arbitration application.
The Registrar must, as soon as practicable after a document is lodged in accordance with Part 10, accept or reject the document.
The Registrar may reject a document that —
is not properly completed or properly lodged; or
is not accompanied by a document as required under these rules or an order of a dispute resolution authority; or
does not otherwise comply with these rules or an order of a dispute resolution authority.
If the Registrar rejects a document, it is taken not to have been lodged.
If the Registrar does not reject a document, the Registrar must —
accept the document; and
seal the document by affixing the seal of the Arbitration Service to the document.
The Registrar must notify the person who lodged the document of —
the decision to reject or accept the document; and
if the document is rejected — the reason for rejecting the document.
If the document is accepted by the Registrar, the Registrar must give the person who lodged the document a copy of the sealed document.
This rule does not apply to a decision of the Registrar to reject an arbitration application.
An arbitrator may, on the arbitrator’s own initiative or on the application of the person who lodged the document, vary or revoke a decision of the Registrar under rule 5 to reject a document.
An application under this rule may be determined in the absence of a party.
An arbitrator must inform each party to the proceeding of any decision made under subrule (2) to vary or revoke a decision of the Registrar under rule 5 to reject a document.
A party who lodges a document that is accepted by the Registrar must give a copy of the sealed document to each other party to the proceeding in accordance with Part 11.
The copy of the sealed document must be given within 7 days after the day on which it is accepted by the Registrar unless —
these rules provide otherwise; or
the Registrar orders otherwise.
Despite subrule (1), an employer is not required to give a document to the employer’s insurer unless there is a dispute between the employer and the insurer.
An arbitrator may, as the arbitrator thinks is necessary in the interests of justice or otherwise to give effect to the Act —
extend or reduce a time limit for doing or commencing a thing under these rules; or
waive compliance with any other procedural requirement or prohibition under these rules.
An order for the purposes of subrule (1) may be given even if the time for complying has passed.
This rule does not apply in relation to the time limit for lodging a general application provided for in rule 11.
If no time limit is fixed under the Act for doing a thing in relation to a proceeding, an arbitrator may fix the time limit within which the thing must be done.
An arbitrator may, at any time, make an order that requires a party to a proceeding to comply with a requirement of these rules.
The order —
may be given to a party without the party being heard or notified; and
must be in writing; and
must specify the day by which the order must be complied with; and
must be given to the party at least 3 working days before the day by which the order must be complied with.
If a party to the proceeding fails to comply with an order given in accordance with this rule, the arbitrator may —
dismiss the proceeding; or
make an order that determines the dispute, either generally or in relation to a particular matter in dispute.
A general application must be lodged with the Registrar within 28 days after the day on which —
the Director issues a certificate under section 313 of the Act having determined that a dispute is not suitable for conciliation; or
a conciliator issues a certificate of outcome under section 319(2) of the Act that identifies 1 or more matters not resolved by conciliation.
The Registrar may, on application lodged by the applicant, extend the period of time allowed by rule 11 for lodging a general application if the Registrar is satisfied that there are extenuating circumstances for doing so.
As soon as practicable after giving each other party to the proceeding a copy of a sealed application for an extension of time under subrule (1), the applicant must —
certify in the approved form that a copy of the application has been given to each other party to the proceeding; and
lodge the approved form, certified in accordance with paragraph (a), with the Registrar.
A party who is given a copy of a sealed application for extension may, within 7 days after the day on which the copy of the sealed application is received, lodge written submissions to the Registrar about the application.
An extension may be given under subrule (1) even if the time for lodging a general application has passed.
In making a decision for the purposes of subrule (1), the Registrar must have regard to the circumstances of the particular case, including any submissions made to the Registrar in accordance with subrule (3).
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