WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 289
Compulsory conference
289 Compulsory conference
(1) Before the claimant starts a proceeding for
damages, there must be a conference of the parties (the
"compulsory conference" ).
(2) Any party may call the compulsory conference.
(3) The compulsory conference must be held within 3 months after the insurer
gives the claimant a written notice under section 281.
(4) However, if the
parties agree, the conference may be held at a later date.
(5) If the insurer
is WorkCover, WorkCover must advise the worker’s employer of the time and
place of the compulsory conference.
(6) On application by a party, the
court—
(a) may—
(i) fix the time and place for the compulsory conference;
or
(ii) dispense with the compulsory conference for good reason; and
(b) may
make any other orders the court considers appropriate.
(7) In considering
whether to dispense with the compulsory conference, the court must take into
account the extent of compliance by the parties with their respective
obligations in relation to the claim.
(8) The claimant in person, a person
authorised to settle on the insurer’s behalf and a person authorised to
settle on behalf of any contributor must attend the conference and actively
participate in an attempt to settle the claim, unless the claimant or person
has a reasonable excuse.
(9) If it would be unreasonable for all parties to
attend at the same place, for example, because of distance or illness, the
conference may be conducted by telephone conferencing, videoconferencing or
another form of communication that allows reasonably contemporaneous and
continuous communication between the parties.
