WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 213
WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 213
213 . Decisions and reasons, form and content of
(1) A decision of an
arbitrator is to be given in writing to a party to a proceeding if —
(a) the
arbitration rules state that the decision is to be given in writing to that
party; or
(b)
within 14 days after the arbitrator makes the decision, the party requests
that the decision be given in writing.
(2) An
arbitrator’s decision in writing is to include information as to appeal
rights that may be available to the parties under this Act.
(3) The reasons for a
decision of an arbitrator are to be given in writing to a party to a
proceeding if —
(a) the
arbitration rules state that the reasons are to be given in writing to that
party; or
(b)
within 14 days after the arbitrator makes the decision, the party requests
that the reasons for the decision be given in writing.
(4) The reasons for an
arbitrator’s decision —
(a) need
only identify the facts that the arbitrator has accepted in coming to the
decision and give the reasons for doing so; and
(b) need
only identify the law that the arbitrator has applied in coming to the
decision and give the reasons for doing so; and
(c) need
not canvass all the evidence given in the case; and
(d) need
not canvass all the factual and legal arguments or issues arising in the case.
(5) A written
transcript of the part of the proceeding in which a decision is given orally
or reasons are given orally is sufficient compliance with the requirement for
the decision or reasons to be in writing.
(6) The fact that a
decision is, or reasons are, given orally or in accordance with subsection (4)
or (5) is not of itself a ground for reversing or modifying the decision on an
appeal.
[Section 213 inserted: No. 42 of 2004 s. 130;
amended: No. 31 of 2011 s. 76.]