Disputes

The Workers Rehabilitation and Compensation Tribunal is an independent statutory tribunal established under the Act. The Tribunal has primary responsibility for determining all disputes through conciliation conferences. If the parties cannot reach agreement, the Tribunal determines the dispute through arbitration hearings.

The Employer, Worker and Insurer all have the right to refer any dispute arising from the claim to the Tribunal for determination.

Once a claim has been lodged, the employer then has 84 days to dispute liability for the claim, and liability to pay weekly payments and medical and other expenses. To do so, a formal notice must be served on the worker within the 84 day period. The notice must advise the worker of the reasons for the dispute, and refer the dispute to the Tribunal.

Within 28 days after receiving a claim for payment of a medical or other expense, the employer must pay the expense; or serve the worker with notice in writing disputing the claim (and notify the service provider that liability for the expense is disputed, and why). The worker can then refer the matter to the Tribunal within 60 days.

Any dispute about the reasonableness or necessity for any medical or rehabilitation service which is, or may become, the subject of a claim may be referred by the worker, the employer or the licensed insurer to the Tribunal for determination. The Tribunal can also determine the necessity for a medical or rehabilitation service before it is obtained and a cost incurred.

Workplace Standards Tasmania offers a number of services to assist workers and employers with questions or concerns about workers compensation matters, as follows:

• any general query regarding workers compensation may be directed to the Helpline, which provides free information and assistance
• any unresolved compliance matter may be referred on to a Workplace Standards Tasmania inspector by the Helpline, for investigation and enforcement under the Act
• a formal complaint may be directed to Workplace Standards in writing.