New South Wales Consolidated Regulations

WORKERS COMPENSATION COMMISSION RULES 2006 - REG 10.2

10.2 Commencement by application to resolve a dispute

(1) Subject to these rules, proceedings in relation to a matter under the Workers Compensation Acts are to be commenced by way of an application to resolve a dispute.

(2) Where an application to resolve a dispute concerns a matter to which Part 9 applies, the Registrar may deal with the matter or dispute in accordance with Part 9, and in such a case the requirement for the respondent to lodge a reply to the application is deferred until such time as the Commission determines.

(3) Where an application to resolve a dispute concerns:

(a) a dispute to which Division 2A of Part 5 of Chapter 7 of the 1998 Act applies, or

(b) a dispute requiring assessment of the degree of permanent impairment of a worker,

the Registrar may direct that the application be dealt with in accordance with procedures set out in any Practice Direction or WorkCover Guideline issued for that purpose, and if such a direction is given these rules apply to the application as modified to meet the requirements of those procedures.

(4) The Registrar is not to accept a dispute for referral for determination by the Commission unless:

(a) the application to resolve the dispute is accompanied by a certificate by the applicant, or the applicant’s legal practitioner or agent, that the dispute is not prevented from being referred for determination by the Commission by the operation of any provision of Part 4 of Chapter 7 of the 1998 Act, and

(b) the Registrar is satisfied that the dispute is not so prevented from being referred.

(5) Within 7 days after the Registrar registers an application to resolve a dispute, the applicant must serve a sealed copy of the application on the respondent and any other party to the proceedings.

(6) If the respondent is an employer (but not a self-insurer), the applicant must also serve a sealed copy of the application on the employer’s insurer.

(7) Subject to subrule (2), where in respect of an application to resolve a dispute:

(a) a respondent has not lodged a reply in accordance with these rules, and

(b) the applicant has not lodged a certificate of service certifying service of the application on that respondent in accordance with these rules,

the proceedings as against that respondent are deemed to have been struck out, and no further step may be taken in the proceedings unless the proceedings are restored.

(8) The Commission or Registrar may, on application by a party and on terms, restore any proceedings deemed to have been struck out under subrule (7).