New South Wales Consolidated Regulations

WORKERS COMPENSATION COMMISSION RULES 2006 - REG 9.7

9.7 Workplace injury management plans

(1) Where a party to a dispute to which Division 3 of Part 5 of Chapter 7 of the 1998 Act applies seeks to have the Registrar deal with the dispute under section 306 of that Act, the party must lodge with the Registrar, and serve on all other parties to the dispute, an application to resolve the workplace injury management dispute.

(2) Before exercising a power under section 306 of the 1998 Act in respect of a dispute, the Registrar is to contact the parties to the dispute and advise them of the course of action the Registrar proposes to take, and that contact is to be made with a view to resolving the dispute expeditiously.

(3) A direction by the Registrar that a workplace assessment is to be conducted is to include:

(a) the names and addresses of the parties to the dispute, and

(b) a statement of the nature of the obligation with which one of the parties is alleged to have failed to comply, and

(c) the name of the injury management consultant or other suitably qualified person who is to conduct the workplace assessment, and

(d) the amount of, and a note that the employer is liable for, the fee payable for the conduct of the workplace assessment.

(4) A copy of the direction that a workplace assessment be conducted is to be sent to each of the parties, the insurer (if not a party) and the person who is to conduct the assessment.

(5) The injury management consultant or other suitably qualified person who is to conduct the assessment must contact the parties and arrange to carry out the assessment as soon as practicable, but not more than 7 days after receiving the direction.

(6) The injury management consultant or other suitably qualified person who is to conduct the assessment must provide the Registrar with a brief written report of the outcome of the assessment, setting out the reasons for any finding, as soon as practicable, but in any case not later than 7 days, after the assessment has been conducted, and the Registrar must make the report available to the parties.

(7) A recommendation by the Registrar that a party to a dispute take specified action is to be in writing and must include:

(a) the name of the party to whom the recommendation is made, and

(b) the nature of the obligation with which one of the parties is alleged to have failed to comply, and

(c) the action that the Registrar considers necessary or desirable for the party to take to remedy the failure with which the dispute is concerned, and

(d) a note referring the party to whom the recommendation is made to the period for compliance or for requesting referral to the Commission as provided by section 308 of the 1998 Act.

(8) A copy of the recommendation issued by the Registrar is to be sent to each of the parties and the insurer (if not a party).