Return to Work Act 1986
103JPre-condition to court proceedings
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103J Pre-condition to court proceedings (1) Subject to subsection (3), a claimant is not entitled to commence proceedings under Division 2 in respect of a dispute unless there has been an attempt to resolve the dispute by mediation under this Division and that attempt has been unsuccessful. (2) At the conclusion of a mediation, the mediator must issue to each of the parties a certificate in the approved form: (a) stating that mediation has taken place; (b) listing the written information provided to the mediator by the parties during the mediation; (c) setting out the recommendations (if any) of the mediator; and (d) stating what the outcome of the mediation was. (3) A claimant is entitled to commence proceedings for an interim determination of his or her entitlement to compensation under section 107 at any time after the claimant has applied to the Authority under section 103D to have the dispute referred to mediation.