Workers Compensation and Injury Management Arbitration Rules 2024 (Western Australia)

These Rules (Workers Compensation and Injury Management Arbitration Rules 2024, SL 2024/78, as compiled including later amendment SL 2025/47) set the procedural framework for arbitration under the Workers Compensation and Injury Management Act 2023 in Western Australia. Mechanically the Rules replace the 2011 Arbitration Rules (r. 79) and do the following, among other things:

Prescribe commencement dates and defined terms (Pt 1, rr. 1-4). Part 1 commenced on publication; the remainder commenced 1 July 2024 (r. 2). The compilation table records a 2025 amendment (SL 2025/47) with parts operative on 1 April 2025.
Set mandatory time limits and filing deadlines for arbitration applications and replies (rr. 11-13, 18-19), including a strict 28‑day rule for lodging a general application after certain certificates (r. 11) and a 14‑day rule to lodge a reply after service of a sealed application (r. 18).
Establish the Registrar’s gatekeeping role: the Registrar must accept or reject lodged documents and seal accepted documents (r. 5). If rejected, the document is treated as not lodged (r. 5(3)). An arbitrator can vary or revoke some Registrar rejections (r. 6), though not rejections of arbitration applications (r. 6(1)).
Require most documents to be lodged electronically through the Arbitration Service electronic document system (EDS), subject to defined exemptions and temporary unavailability (Pt 10, rr. 61-63). Rules specify when an electronic filing is treated as lodged and when recipients are taken to have been notified (rr. 64-65).
Prescribe discovery/disclosure duties, a framework for requesting disclosure without order, and the power of arbitrators to make disclosure orders including under Act s. 341 (Part 6, rr. 28-33).

CrestWestern Australia

Workers Compensation and Injury Management Act 2023

Workers Compensation and Injury Management Arbitration Rules 2024

Western Australia

Workers Compensation and Injury Management Arbitration Rules 2024

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1
References to party and dispute 2

Part 2 — General procedural matters

Registrar must accept or reject document 3
Variation or revocation of Registrar’s decision to reject document 4
Party who lodges document must give copy of sealed document to each other party 4
Relief from procedural requirements 4
Time limits 5
Order to obey requirement of rules 5

Part 3 — Arbitration applications

Division 1 — Time limits for lodging general applications

Time limit for lodging general applications 6
Registrar may extend time for lodging general application 6
Lodging amended general applications 7

Division 2 — Documents to accompany arbitration applications

Application of this Division 7
Information to be included in arbitration applications 8
Documents to be lodged with arbitration applications 8
Additional documents to be lodged in certain arbitration applications 9
Reply to arbitration application 10
Documents to be lodged with reply 11
Procedure if party does not reply 12

Division 3 — Documents lodged out of time

Documents lodged out of time 12

Part 4 — Representation

Representation 13
Notice of representation 13
Litigation guardians 14

Part 5 — Joinder of parties

Arbitrator may give leave to join another party 15
Notice of joinder 15
Reply by person joined 16

Part 6 — Documents, things and information

Duty of disclosure 17
Disclosure without order 17
Orders relating to disclosure 18
Orders under Act s. 341 or rule 30 19
Request for order to produce documents (Act s. 341) 20
Continuing obligation to disclose or produce documents 20

Part 7 — Witnesses

Summonses 21
Statements 21
Medical evidence 23
Medical reports 24

Part 8 — Proceedings before an arbitrator

Division 1 — General proceedings

Consent orders 25
Party may discontinue proceeding 25
Attendance at proceedings held in private 26
Arbitrator must not interview individual parties or witnesses 26
Statement of agreed facts and issues 26
Directions hearing 27

Division 2 — Interlocutory applications

Interlocutory applications 27
Reply to interlocutory applications 28

Division 3 — Arbitration hearings

Notice of arbitration hearing 28
Adjournment of arbitration hearing 29
Application for adjournment 29
Late application for adjournment 30
Application may be dismissed or determined if adjournment not granted 30
Index and record of documents 30

Part 9 — Costs

Division 1 — Preliminary

Terms used 32
Reference to costs determination 32

Division 2 — Costs orders

Order as to costs 32
Submissions on application for costs order 33
Costs and expenses connected with assessing disputed degree of permanent whole of person impairment (Act s. 79(6)) 33

Division 3 — Assessment of costs

Application for assessment of costs 34

Part 10 — Lodging arbitration documents

Terms used 35
Giving or lodging documents with Registrar or arbitrator 35
Form of arbitration documents 35
Requirement to lodge arbitration documents using EDS 36
EDS exempt 36
Lodging arbitration documents if EDS unavailable or person EDS exempt 37
When arbitration document is taken to have been lodged 38
When Registrar or arbitrator is taken to have given notice or copy of document in relation to arbitration document 39

Part 11 — Giving documents

Giving documents generally 41
Address for receiving documents 42
Giving documents personally 43
Giving documents by email 44
When document is taken to have been given by pre‑paid post 45
When document is taken to have been given by email 45
Giving documents by alternative means 45
Requirement to certify the giving of documents 45

Part 12 — Miscellaneous

Request under Act s. 306 46
Arbitration Service seal 46
Use of seal 46
Approved forms 47
Amendment of documents 47

Part 13 — Repeal

Workers’ Compensation and Injury Management Arbitration Rules 2011 repealed 48

Notes

Compilation table 49

Defined terms

Workers Compensation and Injury Management Act 2023

Workers Compensation and Injury Management Arbitration Rules 2024

Part 1 — Preliminary

1. Citation

	These rules are the *Workers Compensation and Injury Management Arbitration Rules 2024*.

2. Commencement

These rules come into operation as follows —

(a) Part 1 — on the day on which these rules are published on the WA legislation website;

(b) the rest of the rules — on 1 July 2024.

3. Terms used

In these rules —

approved form means a form approved under rule 77;

arbitration application means —

(a) a general application; or

(b) a death compensation application;

arbitration hearing means the hearing of a proceeding for determination of a dispute by arbitration;

business day means a day that is not a Saturday, Sunday or public holiday;

claimant means a person who has made a claim for compensation under Part 2 Division 10 of the Act;

compensation order has the meaning given in section 131 of the Act;

death compensation application means —

(a) an application under section 140(1) of the Act for a compensation order; or

(b) an application for an order of an arbitrator under any of the following provisions of the Act —

(i) section 134(7) or (8);

(ii) section 141(2);

(iii) section 142(9);

general application means an application for determination of a dispute by arbitration made under section 331 of the Act;

give has the meaning given in section 497(1) of the Act;

interlocutory application means an application or request for an order in a proceeding, other than an order that finally determines the dispute between the parties;

lodge has the meaning given in section 497(1) of the Act;

proceeding means a proceeding before an arbitrator;

representative means a person specified in section 365(2) of the Act who is appointed by a party to the proceeding;

working day means a day on which the office of the Arbitration Service is open for business that is not a Saturday, a Sunday or a public holiday throughout the State.

4. References to party and dispute

In these rules —

(a) in relation to a death compensation application, a reference to a party includes a reference to a claimant; and

(b) a reference to a dispute is a reference to a dispute that is the subject of an arbitration application.

Part 2 — General procedural matters

5. Registrar must accept or reject document

(1) The Registrar must, as soon as practicable after a document is lodged in accordance with Part 10, accept or reject the document.

(2) The Registrar may reject a document that —

(a) is not properly completed or properly lodged; or

(b) is not accompanied by a document as required under these rules or an order of a dispute resolution authority; or

(3) If the Registrar rejects a document, it is taken not to have been lodged.

(4) If the Registrar does not reject a document, the Registrar must —

(a) accept the document; and

(b) seal the document by affixing the seal of the Arbitration Service to the document.

(5) The Registrar must notify the person who lodged the document of —

(a) the decision to reject or accept the document; and

(b) if the document is rejected — the reason for rejecting the document.

(6) If the document is accepted by the Registrar, the Registrar must give the person who lodged the document a copy of the sealed document.

6. Variation or revocation of Registrar’s decision to reject document

(1) This rule does not apply to a decision of the Registrar to reject an arbitration application.

(2) An arbitrator may, on the arbitrator’s own initiative or on the application of the person who lodged the document, vary or revoke a decision of the Registrar under rule 5 to reject a document.

(3) An application under this rule may be determined in the absence of a party.

(4) An arbitrator must inform each party to the proceeding of any decision made under subrule (2) to vary or revoke a decision of the Registrar under rule 5 to reject a document.

7. Party who lodges document must give copy of sealed document to each other party

(1) A party who lodges a document that is accepted by the Registrar must give a copy of the sealed document to each other party to the proceeding in accordance with Part 11.

(2) The copy of the sealed document must be given within 7 days after the day on which it is accepted by the Registrar unless —

(a) these rules provide otherwise; or

(b) the Registrar orders otherwise.

(3) Despite subrule (1), an employer is not required to give a document to the employer’s insurer unless there is a dispute between the employer and the insurer.

8. Relief from procedural requirements

(1) An arbitrator may, as the arbitrator thinks is necessary in the interests of justice or otherwise to give effect to the Act —

(a) extend or reduce a time limit for doing or commencing a thing under these rules; or

(b) waive compliance with any other procedural requirement or prohibition under these rules.

(2) An order for the purposes of subrule (1) may be given even if the time for complying has passed.

(3) This rule does not apply in relation to the time limit for lodging a general application provided for in rule 11.

9. Time limits

If no time limit is fixed under the Act for doing a thing in relation to a proceeding, an arbitrator may fix the time limit within which the thing must be done.

10. Order to obey requirement of rules

(1) An arbitrator may, at any time, make an order that requires a party to a proceeding to comply with a requirement of these rules.

(2) The order —

(a) may be given to a party without the party being heard or notified; and

(b) must be in writing; and

(d) must be given to the party at least 3 working days before the day by which the order must be complied with.

(3) If a party to the proceeding fails to comply with an order given in accordance with this rule, the arbitrator may —

(a) dismiss the proceeding; or

(b) make an order that determines the dispute, either generally or in relation to a particular matter in dispute.

Part 3 — Arbitration applications

Division 1 — Time limits for lodging general applications

11. Time limit for lodging general applications

A general application must be lodged with the Registrar within 28 days after the day on which —

(a) the Director issues a certificate under section 313 of the Act having determined that a dispute is not suitable for conciliation; or

(b) a conciliator issues a certificate of outcome under section 319(2) of the Act that identifies 1 or more matters not resolved by conciliation.

12. Registrar may extend time for lodging general application

(1) The Registrar may, on application lodged by the applicant, extend the period of time allowed by rule 11 for lodging a general application if the Registrar is satisfied that there are extenuating circumstances for doing so.

(2) As soon as practicable after giving each other party to the proceeding a copy of a sealed application for an extension of time under subrule (1), the applicant must —

(a) certify in the approved form that a copy of the application has been given to each other party to the proceeding; and

(b) lodge the approved form, certified in accordance with paragraph (a), with the Registrar.

(3) A party who is given a copy of a sealed application for extension may, within 7 days after the day on which the copy of the sealed application is received, lodge written submissions to the Registrar about the application.

(4) An extension may be given under subrule (1) even if the time for lodging a general application has passed.

(5) In making a decision for the purposes of subrule (1), the Registrar must have regard to the circumstances of the particular case, including any submissions made to the Registrar in accordance with subrule (3).

13. Lodging amended general applications

(1) This rule applies if —

(a) an applicant lodges a general application within the period of time allowed under rule 11 or, if applicable, within the extended period of time allowed under rule 12(1); and

(b) the application is rejected by the Registrar under rule 5.

(2) The applicant may, within the period of time referred to in rule 11, amend the application and lodge the amended application with the Registrar.

Division 2 — Documents to accompany arbitration applications

14. Application of this Division

(1) This Division —

(a) does not apply to a death compensation application that relates to a claim for compensation under Part 2 Division 10 of the Act if liability is accepted under section 138(3)(a) or 139(2)(a) of the Act in respect of the claim before the death compensation application is made; and

(b) ceases to apply to a death compensation application that relates to a claim for compensation under Part 2 Division 10 of the Act if liability is accepted under section 138(3)(a) or 139(2)(a) of the Act in respect of the claim after the death compensation application is made.

(2) Despite subrule (1), an arbitrator may order that a provision of this Division applies in relation to a death compensation application that relates to a claim for compensation under Part 2 Division 10 of the Act, even if liability is accepted in respect of the claim.

15. Information to be included in arbitration applications

An arbitration application must specify —

(a) the grounds for the application; and

(b) the substantive issues in dispute.

16. Documents to be lodged with arbitration applications

(1) An arbitration application must be accompanied by copies of any document, whether issued under the Act or otherwise, that the applicant proposes to adduce at the arbitration hearing, including —

(a) medical certificates and medical reports, accompanied by a list of the names of medical practitioners consulted; and

(b) any report prepared by an approved workplace rehabilitation provider; and

(d) any witness statement referred to in rule 35(1); and

(e) any statement referred to in rule 35(4).

(2) If the applicant proposes to adduce a document but is unable to lodge the document in accordance with subrule (1), the arbitration application must —

(a) identify the document; and

(b) specify why the document is unable to be lodged with the arbitration application.

(3) An applicant must, not less than 28 days, or any shorter period specified in any practice notes issued by the Registrar under section 384(3) of the Act, before the arbitration hearing —

(a) lodge any document specified in the application in accordance with subrule (2)(a); and

(b) give a copy of the sealed document to each other party to the proceeding.

(4) If the arbitration hearing is for the purpose of determining any of the following general applications, the only documents that may be adduced at the hearing are documents lodged in accordance with subrule (1) —

[(a) deleted]

(b) a general application in relation to section 68 of the Act to review the payment of income compensation to a worker;

(c) a general application in relation to section 146 of the Act for an order for a refund of an erroneous payment of compensation made by WorkCover WA, the employer or the insurer;

(d) a general application in relation to section 181 of the Act for an order to suspend —

(i) payments of compensation; or

(ii) the worker’s entitlement to take and prosecute any proceedings under the Act.

[Rule 16 amended: SL 2025/47 r. 4.]

17. Additional documents to be lodged in certain arbitration applications

(1) The arbitration application must also be accompanied by a statement setting out the worker’s financial circumstances and reasonable financial needs, in addition to the documents lodged in accordance with rule 16, if the applicant seeks any of the following orders —

(a) an order for additional income compensation under section 52 of the Act;

(b) an order for an increase in the medical and health expenses general limit amount under section 77 of the Act;

(c) an order for an increase for special expenses in the medical and health expenses general limit amount under section 78 of the Act.

(2) A statement prepared for the purposes of subrule (1) must be accompanied by documents in support of the statement.

18. Reply to arbitration application

(1) If a party to the proceeding receives a copy of a sealed arbitration application, the party must lodge a reply to the application within 14 days after the day on which the copy of the sealed application is received by the party.

(2) The reply must —

(a) identify —

(i) the parts of the application that are admitted by the party, if any; and

(ii) the parts of the application that are disputed by the party, if any;

and

(b) specify —

(i) the grounds on which the relevant parts of the application are disputed by the party; and

(ii) the issues for determination by the arbitrator.

19. Documents to be lodged with reply

(1) A reply lodged in accordance with rule 18 must be accompanied by copies of any document, whether issued under the Act or otherwise, that the party proposes to adduce at the arbitration hearing, including —

(a) medical certificates and medical reports, accompanied by a list of the names of medical practitioners consulted; and

(b) any report prepared by an approved workplace rehabilitation provider; and

(d) any witness statement referred to in rule 35(1); and

(e) any statement referred to in rule 35(4).

(2) If a party required to lodge a reply is a worker, the reply must be accompanied by the following —

(a) the name, address and field of practice of each medical practitioner not mentioned in the documents accompanying the application who examined or treated the worker in relation to the relevant injury;

(b) if the application is a general application in relation to section 68 of the Act to review the payment of income compensation to a worker — details of any appointments the worker has scheduled for a medical examination.

(3) If a party required to lodge a reply proposes to adduce a document but is unable to lodge the document in accordance with subrule (1) or (2) (if applicable), the reply must —

(a) identify the document; and

(b) specify why the document is unable to be lodged with the reply.

(4) A party required to lodge a reply must, not less than 28 days, or any shorter period specified in any practice notes issued by the Registrar under section 384(3) of the Act, before the arbitration hearing —

(a) lodge any document specified in the reply in accordance with subrule (3)(a); and

(b) give a copy of the sealed document to each other party to the proceeding.

20. Procedure if party does not reply

If a party required to lodge a reply in accordance with rule 18 fails to do so —

(a) the dispute may be determined as if the party did not dispute any part of the arbitration application; and

(b) the arbitrator may make any order the arbitrator thinks fit to deal with the arbitration application.

Division 3 — Documents lodged out of time

21. Documents lodged out of time

(1) In any proceeding, a document that is not lodged within the time limit prescribed in these rules cannot be adduced in evidence in the proceeding by any party to the proceeding without the leave of the arbitrator.

(2) An arbitrator may give leave for the purposes of subrule (1) if —

(a) no other party is prejudiced by the document being adduced in evidence; or

(b) each other party consents to the document being adduced; or

(c) the arbitrator considers that, in the interests of justice, the document is required to be admitted in evidence in the proceeding.

Part 4 — Representation

22. Representation

For the purposes of section 365(2)(c) of the Act, the following persons are authorised to represent a party at an arbitration hearing —

(a) if the party is a body corporate —

(i) a director of the body corporate; or

(ii) a secretary of the body corporate; or

(iii) any other officer of the body corporate authorised by the body corporate to represent the party;

(b) if the party is a public sector body, as defined in the Public Sector Management Act 1994 section 3(1) — a public sector employee authorised by the party to represent the party.

23. Notice of representation

(1) If a party to a dispute appoints a representative for the purpose of section 365(2) of the Act, the representative must notify the Registrar of the appointment by lodging —

(a) the first document lodged by the party they represent in the proceeding and specifying in that document the address of the representative as the address for receiving documents; or

(b) notice of the appointment in accordance with Part 10 within 3 working days after being appointed.

(2) If a representative’s authority to act for a party is limited or restricted in any way, the representative must indicate the manner and extent of the limitation or restriction when notifying the Registrar under subrule (1).

(3) If the representative does not indicate that their authority is limited or restricted, the Registrar or an arbitrator may assume that the authority is not limited or restricted.

(4) If a representative ceases to represent the party, the representative must, within 3 working days after ceasing to be the representative, notify the Registrar that they have ceased to represent the party.

24. Litigation guardians

(1) A litigation guardian appointed under section 367 of the Act must be a person who is —

(a) an appropriately qualified person; and

(b) not under a legal disability.

(2) A person appointed as the litigation guardian of a child must, at the direction of the arbitrator, give written notice of the appointment to each person nominated by the arbitrator.

(3) If a litigation guardian is appointed in a proceeding, the litigation guardian —

(a) is bound by these rules; and

(b) must do anything required by these rules to be done by the party or potential party; and

(c) may, for the benefit of the party or potential party, do anything permitted by these rules to be done by the party or potential party.

Part 5 — Joinder of parties

25. Arbitrator may give leave to join another party

(1) An arbitrator may, on application by a party to a proceeding or on the arbitrator’s own initiative —

(a) make an order that another person be joined as a party to the proceeding; and

(b) following the joinder — make any further orders the arbitrator thinks fit.

(2) For the purposes of subrule (1), an application by a party to a proceeding must specify —

(a) whether the other person is to be joined as a respondent or third party; and

(b) the personal details of the other person; and

26. Notice of joinder

(1) If, on application by a party to a proceeding, a person is joined as a party to the proceeding, the party who made the application must, within 7 days after the day on which the order is made under rule 25(1)(a), notify the person that they have been joined as a party by giving the following documents to the person and, if the person is an employer but not a self‑insurer, to the employer’s insurer —

(a) written notice in the approved form advising the person —

(i) that they have been joined as a party to the proceeding; and

(ii) that they may, within 14 days after receiving the notice, lodge a reply; and

(iii) if a reply is lodged under subparagraph (ii) — that they must, within 14 days after receiving the notice, give a copy of the sealed reply to each other party to the proceeding;

(b) a copy of the sealed arbitration application and any reply to the application;

(2) If, on the arbitrator’s own initiative, a person is joined as a party to a proceeding, the Registrar must, within 7 days after the day on which the order is made under rule 25(1)(a), notify the person that they have been joined as a party by giving the documents referred to in subrule (1) to the person and, if the person is an employer but not a self‑insurer, to the employer’s insurer, if known.

27. Reply by person joined

(1) Within 14 days after receiving a notice under rule 26(1)(a) or (2), a person joined as a party to a proceeding —

(a) may lodge with the Registrar a reply to the notice; and

(b) if a reply is lodged under paragraph (a) — must give a copy of the sealed reply to each other party to the proceeding.

(2) If a person joined as a party to a proceeding wishes to object to the joinder, the person must include in the reply lodged under subrule (1)(a) the reasons why the person should not be a party to the proceeding.

(3) Rule 19(1), (3) and (4) apply to a reply under this rule, with any necessary modifications.

Part 6 — Documents, things and information

28. Duty of disclosure

(1) For the purposes of this Part, a party to the proceeding has a duty to disclose a document if —

(a) at the time of receiving a request in accordance with rule 29(1), the document is or has been in the party’s possession or under the party’s control; and

(b) the document is relevant to an issue in the proceeding.

(2) Despite subrule (1), a party does not have a duty to disclose a document if the party is excused under section 374 of the Act from producing the document.

29. Disclosure without order

(1) If the time for lodging a reply under rule 18(1) has elapsed, a party (the requesting party) to a proceeding may request that another party (the second party) to the proceeding provide the requesting party with a list of each document that the second party has a duty to disclose.

(2) A request under subrule (1) must be made by notice in writing given to the second party.

(3) The second party must, within 21 days after receiving the notice, give to the requesting party a list specifying —

(a) each document to which the duty of disclosure applies that is in the second party’s possession or under the second party’s control; and

(b) each document to which the duty of disclosure applies that is not in the second party’s possession or under the second party’s control; and

(4) If the list given in accordance with subrule (3) specifies a document that is not in the second party’s possession or under the second party’s control, the list must be accompanied by a brief statement that explains why the document is no longer in the party’s possession or under the party’s control.

(5) If the requesting party gives the second party further written notice requesting the production or inspection of a document specified in accordance with subrule (3)(a), the second party must, within 7 days after receiving the further notice —

(a) give the requesting party a copy of the document; or

(b) allow the requesting party to inspect the document.

30. Orders relating to disclosure

(1) Subject to rule 31, an arbitrator may make any of the following orders relating to the disclosure of documents —

(a) an order that a party to the proceeding must comply with —

(i) a notice given in accordance with rule 29(2) requesting a list of each document that the party has a duty to disclose; or

(ii) a notice given in accordance with rule 29(5) requesting the disclosure or inspection of a document that the party has a duty to disclose;

(b) an order that a party to the proceeding must lodge an affidavit that sets out —

(i) the documents that are in the party’s possession or under the party’s control; and

(ii) if applicable — the circumstances in which the party lost possession or control of a document or class of documents that were, but are no longer, in the party’s possession or under the party’s control;

(2) An affidavit under subrule (1)(b) must —

(a) confirm that every document required to be disclosed under rule 29(3) has been disclosed; and

(b) be sworn by —

(i) if the party is a natural person — by the person; or

(ii) if the party is a body corporate — by an appropriately authorised officer of the body corporate.

31. Orders under Act s. 341 or rule 30

(1) An arbitrator may make an order under section 341 of the Act (in relation to a document, thing or information) or an order under rule 30 (in relation to a document) if the arbitrator is satisfied that the order is necessary for the fair, just, economical, informal and quick determination of a dispute.

(2) In considering whether to make an order under section 341 of the Act or rule 30, the arbitrator may consider the following —

(a) whether the document, thing or information sought is relevant to an issue in dispute;

(b) the relative importance of the issue to which the document, thing or information relates;

(d) the likely effect on the outcome of the proceeding of —

(i) producing, or not producing, the document or thing; or

(ii) providing, or not providing, the information.

32. Request for order to produce documents (Act s. 341)

(1) A party to a proceeding may lodge an interlocutory application in accordance with rule 44 for an order under section 341 of the Act that requires a person to produce the document specified in the order.

(2) The interlocutory application must be accompanied by a proposed order.

(3) If an arbitrator makes an order pursuant to an application under subrule (1), the party must, not less than 7 days before the day specified in the order as the day on which the documents must be produced, give a copy of the sealed order to —

(a) the person who is required to comply with the order; and

(b) each other party to the proceeding.

(4) A person is not required to comply with an order that is not given in accordance with subrule (3).

33. Continuing obligation to disclose or produce documents

(1) A party required to disclose or produce documents under rule 29 or 30 is under a continuing obligation until the end of the proceeding to disclose or produce any document to which the duty of disclosure applies that the party has not already disclosed or produced.

(2) The party must, as soon as is practicable after the party becomes aware of a document to which the duty of disclosure applies that has not been disclosed —

(a) disclose the document; and

(b) if the document is a document specified in an order made under section 341 of the Act — produce the document in accordance with that order.

Part 7 — Witnesses

34. Summonses

(1) A summons issued under section 343 of the Act must be in the approved form.

(2) If a summons is issued under section 343 of the Act on the request of a party to the proceeding, that party must give the summons to the person whose attendance is required not less than 7 days before the day on which the person is required to attend before the arbitrator.

(3) A witness summons must be given personally in accordance with rule 68.

(4) The person to whom the summons is directed is not required to comply with the summons unless —

(a) the summons is given to the person in accordance with this rule; and

(b) any witness allowance for the expenses of attendance prescribed by the regulations is paid to the person —

(i) at the time of giving the summons; or

(ii) not later than a reasonable time before the time at which the person is required to attend before the arbitrator.

35. Statements

(1) If a party to the proceeding intends to call a witness to give evidence at the arbitration hearing, the party must lodge a statement (a witness statement) of the witness in accordance with rule 16(1)(d), 19(1)(d) or 21 (as the case requires).

(2) A witness statement must —

(a) identify the witness making the statement; and

(b) disclose the substance of the proposed evidence of the witness; and

(3) The evidence in chief of a witness must be confined to matters set out in the witness statement, unless leave of the arbitrator is obtained.

(4) Subject to subrule (5), a witness cannot appear in a proceeding to give evidence unless —

(a) the party calling that witness has lodged a statement for the witness in accordance with rule 16(1)(e), 19(1)(e), or 21 (as the case requires); and

(b) the arbitrator considers that the statement fully and properly specifies the following —

(i) the substance of the proposed evidence that the party calling the witness believes on reasonable grounds the witness will give;

(ii) the reliance the party intends to place on the evidence;

(iii) if any proposed evidence has not been included in the witness statement lodged for that witness, the reason why it was not included;

(iv) when any proposed evidence referred to in subparagraph (iii) is expected to be included in the witness statement.

(5) For the purposes of section 334(7)(b) of the Act, an arbitrator may permit a witness to appear in a proceeding who would otherwise not be permitted to appear under section 334(5) of the Act if the arbitrator considers that the evidence of the witness will assist in the determination of the dispute in a manner that is fair, just, economical, informal and quick.

(6) If a party to the proceeding proposes to give evidence, this rule applies to that party as though the party were the party’s witness as well as being the party.

(7) A certificate, report or statement referred to in rule 16(1)(a), (b) or (c) or 19(1)(a), (b) or (c) is taken to be a witness statement for the purposes of section 334(5) of the Act and this rule.

(8) If a statement required to be lodged under subrule (1) or (4) makes reference to a document other than a medical report to which rule 37 applies, the document must not be adduced in evidence unless —

(a) a copy of that document is attached to the statement; or

(b) the document is, in the opinion of the arbitrator, sufficiently identified.

36. Medical evidence

(1) Subject to section 342(2) of the Act, unless leave of an arbitrator is obtained —

(a) medical evidence from a medical practitioner must be in writing; and

(b) the medical practitioner is not required to attend the arbitration hearing and give evidence in relation to the written medical evidence.

(2) An application for leave to require a medical practitioner to attend an arbitration hearing and give evidence must —

(a) be made as soon as practicable after the matter is listed for an arbitration hearing; and

(b) specify the grounds on which the leave is sought.

(3) An arbitrator may give leave for the purposes of this rule if the arbitrator is satisfied that —

(a) there are exceptional circumstances that require the medical practitioner to attend the arbitration hearing and give evidence; and

(b) requiring the attendance of the medical practitioner to give evidence at the arbitration hearing will assist in the determination of the dispute in a manner that is fair, just, economical, informal and quick.

37. Medical reports

(1) In any proceeding, unless leave of an arbitrator is obtained —

(a) a medical report by a medical practitioner in a particular area of medical practice cannot be lodged or admitted in evidence on behalf of a party to the proceeding if another medical report by another medical practitioner in that area of medical practice has been lodged or admitted in evidence on behalf of that party; and

(b) a medical report by a medical practitioner in a particular area of medical practice cannot be lodged or admitted in evidence on behalf of a party to the proceeding if medical reports in 3 areas of medical practice have been lodged or admitted in evidence on behalf of that party.

(2) For the purposes of this rule, a medical report in more than 1 area of medical practice is taken to be a medical report in each of those areas of medical practice.

(3) This rule does not affect the lodging or admission in evidence of a medical report required to be obtained for either of the following reasons —

(a) a worker’s medical practitioner has ceased treating the worker because —

(i) the medical practitioner retired, changed practice or a similar circumstance arose; or

(ii) the medical practitioner’s practice has been taken over by another medical practitioner;

(b) a worker attends a general medical practice and is seen by more than 1 medical practitioner in that same practice from time to time.

Part 8 — Proceedings before an arbitrator

Division 1 — General proceedings

38. Consent orders

(1) An arbitrator may make an order (a consent order) in relation to, or determining, the dispute if —

(a) a party to the proceeding lodges a memorandum of consent with the Registrar; and

(b) the memorandum of consent —

(i) is signed by each party, or some of the parties, to the proceeding; and

(ii) sets out the terms of the consent order.

(2) The arbitrator makes the consent order by signing the memorandum of consent lodged under subrule (1)(a).

(3) The arbitrator cannot make a consent order if the arbitrator is not authorised by the Act to make an order in the terms set out in the memorandum of consent.

39. Party may discontinue proceeding

(1) A party to a dispute who commences a proceeding may discontinue the whole or part of the proceeding.

(2) A proceeding is discontinued when the first of the following occurs —

(a) a notice of discontinuance is lodged with the Registrar and a copy of the sealed notice is given to each other party to the proceeding;

(b) a notice of discontinuance signed by each party to the proceeding is lodged with the Registrar;

(3) If a party discontinues a proceeding, the arbitrator may make an order as to costs in accordance with Part 6 Division 9 of the Act and Part 9 of these rules.

40. Attendance at proceedings held in private

(1) The Registrar or an arbitrator may give a direction as to the persons who may be present at a proceeding conducted in private.

(2) A direction made under subrule (1) is not a decision for the purposes of section 370(a) of the Act.

41. Arbitrator must not interview individual parties or witnesses

An arbitrator must not confer with or interview a party or witness in relation to a proceeding, except in a proceeding before the arbitrator.

42. Statement of agreed facts and issues

(1) An arbitrator may order the parties to a proceeding to lodge a signed statement setting out —

(a) the facts and issues on which the parties agree; and

(b) the facts and issues that are in dispute.

(2) The statement may, at the discretion of the arbitrator, be in the form of —

(a) a single document for the parties; or

(b) a separate document for each party.

(3) Unless leave of the arbitrator is obtained, the parties are bound by the statement and must not assert to the contrary.

43. Directions hearing

Before an arbitration hearing, the Registrar or an arbitrator may convene 1 or more directions hearings to be conducted by an arbitrator for 1 or more of the following purposes —

(a) to clearly define the issues to be determined;

(b) to make directions for the fair and efficient conduct of the proceeding;

(d) to ensure effective case management of the proceeding.

Division 2 — Interlocutory applications

44. Interlocutory applications

(1) A party may lodge an interlocutory application if —

(a) the party has consulted each other party affected by the application with a view to resolving the matters giving rise to the application; and

(b) the application is endorsed with, or is lodged together with a document containing, a statement, signed by the party or the party’s representative, to the effect that the consultation required by paragraph (a) has occurred.

(2) Despite subrule (1), an arbitrator may permit an interlocutory application to be lodged without the consultation referred to in subrule (1)(a) if the arbitrator is of the view that there are exceptional circumstances that justify lodging the application without the consultation.

(3) An interlocutory application must include an explanation as to why the subject matter of the application was not addressed in the arbitration application or the reply to the application (as the case requires) or at a directions hearing in respect of the application, if applicable.

(4) The party who lodges the interlocutory application must, within 2 working days after the day on which the application is accepted by the Registrar, give a copy of the sealed application to each other party to the proceeding.

45. Reply to interlocutory applications

(1) Except as otherwise ordered by an arbitrator, a party who receives a copy of a sealed interlocutory application must, not less than 2 working days before the time fixed for hearing the application —

(a) lodge a reply by way of a notice —

(i) consenting to the application; or

(ii) opposing the application and specifying the grounds on which the application is opposed;

and

(b) give a copy of the sealed notice to each other party to the proceeding.

(2) The application may be determined as if the party did not dispute any part of the application if —

(a) the party fails to lodge a reply in accordance with subrule (1)(a); or

(b) the party fails to give a copy of the sealed reply to each other party to the proceeding in accordance with subrule (1)(b).

Division 3 — Arbitration hearings

46. Notice of arbitration hearing

The Registrar must give notice of the time and place for the arbitration hearing to —

(a) each party to the proceeding; and

(b) each other person entitled under the Act to receive notice of the arbitration hearing.

47. Adjournment of arbitration hearing

(1) An arbitration hearing can only be adjourned by order of an arbitrator.

(2) An arbitrator may only grant an adjournment if the arbitrator is satisfied that 1 or more of the parties would be significantly prejudiced if the adjournment were not granted.

(3) An arbitrator may adjourn an arbitration hearing indefinitely if the arbitrator is satisfied that there are exceptional circumstances that justify an indefinite adjournment.

(4) If an arbitrator adjourns an arbitration hearing indefinitely under subrule (3), the exceptional circumstances must be recorded in the formal record of the order.

48. Application for adjournment

(1) Subject to rule 49, if a party to a proceeding seeks an adjournment of an arbitration hearing, the party must, not later than 5 working days before the day on which the hearing is listed —

(a) lodge an application for an adjournment; and

(b) give a copy of the sealed application and accompanying documents to each other party to the proceeding.

(2) An application for an adjournment of an arbitration hearing must —

(a) specify the reason why the adjournment is sought; and

(b) be accompanied by documents (such as medical certificates) that support the reason for seeking the adjournment.

49. Late application for adjournment

(1) If an application for an adjournment of an arbitration hearing is made within 5 working days before the day on which the hearing is listed —

(a) the application may be made in person; and

(b) the arbitrator may adjourn the hearing if the arbitrator is satisfied that there are exceptional circumstances that justify the adjournment.

(2) The application may be considered —

(a) any time after it is made but before the arbitration hearing; or

(b) at the arbitration hearing.

50. Application may be dismissed or determined if adjournment not granted

(1) If an application for an adjournment under rule 48 or 49 is to be determined at the arbitration hearing, the parties and their representatives must attend on that day ready to proceed with the arbitration.

(2) If a party is not ready to proceed on that day, the party must —

(a) explain to the arbitrator why the party is not ready to proceed; and

(b) make submissions as to why the proceeding should not be dismissed on that day.

51. Index and record of documents

(1) Unless the arbitrator directs otherwise, each party to a proceeding must, not less than 7 days before the arbitration hearing is listed —

(a) lodge an indexed and paginated book of documents that the party proposes to adduce at the hearing; and

(b) give each other party to the proceeding a copy of the sealed book of documents.

(2) The arbitrator must make a record of the documents that are admitted in evidence at the arbitration hearing.

Part 9 — Costs

Division 1 — Preliminary

52. Terms used

In this Part —

assessment of costs has the meaning given in the Workers Compensation and Injury Management Regulations 2024 regulation 111;

costs order means an order as to costs.

53. Reference to costs determination

In this Part, a reference to a costs determination is a reference to the costs determination that applied at the time that the costs were incurred.

Division 2 — Costs orders

54. Order as to costs

(1) A party to a proceeding may apply to an arbitrator for a costs order.

(2) An application under subrule (1) —

(a) must be in writing; and

(b) may include the costs of, or incurred in connection with, the application for conciliation that preceded the arbitration application; and

(i) a statement of costs claimed; and

(ii) copies of any vouchers, accounts and receipts relevant to the costs claimed.

55. Submissions on application for costs order

(1) Except as otherwise ordered by an arbitrator, a party to the proceeding who is given a copy of the sealed application made under rule 54(1) must, within 14 days after receiving the copy of the sealed application —

(a) lodge a notice either —

(i) consenting to the application; or

(ii) opposing the application and specifying the grounds on which the application is opposed;

and

(b) give a copy of the sealed notice to each other party to the proceeding.

(2) The application may be determined as if the party did not oppose any part of the application if —

(a) the party fails to lodge the notice required by subrule (1)(a); or

(b) the party fails to give a copy of the sealed notice to each other party to the proceeding in accordance with subrule (1)(b).

56. Costs and expenses connected with assessing disputed degree of permanent whole of person impairment (Act s. 79(6))

If an arbitrator orders an employer to pay all or any of the costs and expenses connected with an assessment under section 79 of the Act, those costs and expenses are to be certified in writing by the Registrar as costs and expenses connected with the assessment.

Division 3 — Assessment of costs

57. Application for assessment of costs

(1) For the purposes of the Workers Compensation and Injury Management Regulations 2024 regulation 111, an application for an assessment of costs must be made to an arbitrator in accordance with subrule (2).

(2) An application for an assessment of costs must —

(a) be in writing; and

(b) specify the clause that applies in the costs determination in relation to each cost claimed; and

Part 10 — Lodging arbitration documents

58. Terms used

In this Part —

arbitration document means either of the following —

(a) an arbitration application;

(b) any other document that a party to a proceeding is required or permitted under the Act to give to or lodge with the Registrar or an arbitrator;

EDS means the electronic document system operated by or on behalf of the Arbitration Service that, amongst other things, enables an arbitration document to be lodged with the Arbitration Service;

EDS exempt has the meaning given in rule 62.

59. Giving or lodging documents with Registrar or arbitrator

An arbitration document that is required to be given to or lodged with the Registrar or an arbitrator under the Act must be given to or lodged with the Arbitration Service in accordance with this Part.

60. Form of arbitration documents

An arbitration document given to or lodged with the Arbitration Service must be —

(a) either —

(i) in the approved form for the purpose of the arbitration document; or

(ii) if the Registrar has not approved a form for the purpose of the arbitration document — in a form that is appropriate for the purpose of the arbitration document;

and

(b) clearly written, typed or reproduced (as the case requires); and

61. Requirement to lodge arbitration documents using EDS

(1) An arbitration document must be lodged with the Arbitration Service using the EDS unless —

(a) the person lodging the arbitration document is EDS exempt in relation to that document; or

(b) the office of the Arbitration Service is open for business and the EDS is unavailable for use.

(2) Despite subrule (1)(a), a person who is EDS exempt may use the EDS to lodge an arbitration document.

(3) The Registrar or an arbitrator may, at any time, require a person who has lodged an arbitration document by using the EDS to produce the original document to the Registrar or arbitrator (as the case requires).

62. EDS exempt

(1) A person who is required to lodge an arbitration document is EDS exempt in relation to the document at a particular time if, at that time —

(a) the person —

(i) is self‑represented; and

(ii) is a party to the proceeding; and

(iii) is neither an insurer nor a self‑insurer;

(b) the person is exempt under subrule (3) from the requirement to lodge the arbitration document using the EDS.

(2) A person is self‑represented in relation to a proceeding if —

(a) in the case of a worker — a representative is not engaged by or on behalf of the worker for the purpose of arbitrating the dispute; or

(b) in the case of an employer — the employer is uninsured.

(3) The Registrar may exempt a person from a requirement to lodge all or any arbitration documents using the EDS if satisfied that it would be unreasonable for the person to be required to use the EDS to lodge the arbitration document.

63. Lodging arbitration documents if EDS unavailable or person EDS exempt

(1) This rule applies if —

(a) a person lodging an arbitration document is EDS exempt in relation to that document; or

(b) the office of the Arbitration Service is open for business and the EDS is unavailable for use.

(2) The arbitration document may be lodged by —

(a) presenting it at the office of the Arbitration Service when that office is open for business; or

(b) sending it to the office of the Arbitration Service by pre‑paid post; or

(c) sending the document by email when the office of the Arbitration Service is open for business to an email address provided by the Arbitration Service.

(3) An email by which a document is lodged must —

(a) state the sender’s name and email address; and

(b) state a telephone number by which the sender can be contacted; and

(d) if more than 1 document is being lodged under this rule — list the documents being lodged.

(4) The Registrar may determine and publish requirements as to the permissible format and the maximum size of an arbitration document that is sent to the Arbitration Service by email under subrule (2)(c).

(5) An arbitration document lodged by email under subrule (2)(c) must comply with any published requirements as to the permissible format and the maximum size.

(6) The Registrar or an arbitrator may, at any time, require a person who has lodged an arbitration document by email under subrule (2)(c) to produce the original document to the Registrar or arbitrator (as the case requires).

(7) The Registrar or an arbitrator may, at any time, require a person who is EDS exempt in relation to an arbitration document to lodge the document in the manner directed by the Registrar or arbitrator (as the case requires).

(8) If a person who is not EDS exempt lodges an arbitration document in accordance with subrule (2), the Registrar or an arbitrator may, at any time, require the person to also lodge the document using the EDS.

64. When arbitration document is taken to have been lodged

An arbitration document lodged with the Arbitration Service is taken to have been lodged —

(a) in the case of an arbitration document lodged using the EDS —

(i) if the arbitration document becomes accessible using the EDS before 5 pm on a working day — on that working day; or

(ii) if paragraph (i) does not apply — on the next working day after the arbitration document becomes accessible;

(b) in the case of an arbitration document lodged in accordance with rule 63(2)(a), (b) or (c) —

(i) if the arbitration document is received before 5 pm on a working day — on that working day; or

(ii) if paragraph (i) does not apply — on the next working day after the arbitration document is received.

65. When Registrar or arbitrator is taken to have given notice or copy of document in relation to arbitration document

(1) In this rule —

electronic notification, in relation to a person, includes notification by an email sent to an email address provided by the person;

notify includes to dispatch or send a notice.

(2) A requirement for the Registrar or an arbitrator to notify a person, or to give a person a copy of a document, in relation to an arbitration document is satisfied, on a day, if —

(a) before 5 pm on that day —

(i) the notice or copy of the document becomes accessible to the person using the EDS; and

(ii) electronic notification that the notice or copy of the document is accessible is sent to the person;

(b) the notice or copy of the document is sent to the person by pre‑paid post 3 business days before that day; or

(3) Subrule (2)(a) does not apply if —

(a) the person is EDS exempt in relation to the arbitration document; and

(b) the person does not have access to the EDS in relation to the arbitration document.

(4) This rule does not apply to the requirement that an arbitrator notify a person joined as a party to the proceeding under rule 26(2).

Part 11 — Giving documents

66. Giving documents generally

(1) Subject to subrule (2), if a document is required under these rules to be given to a person, the document may be given —

(a) personally in accordance with rule 68; or

(b) by delivering it —

(i) if the person is an individual — to the person’s usual place of residence or principal place of business; or

(ii) if the person is a partnership or body corporate — to the place that is the partnership’s or body corporate’s principal place of business;

(i) if a postal address has been provided in accordance with rule 67 — to that address; or

(ii) if a postal address has not been provided in accordance with rule 67 — to the person’s usual or last known place of residence or principal or last known place of business;

(d) if an email address has been provided in accordance with rule 67 — by sending the document by email to that email address.

(2) Subrule (1) does not apply if the manner by which the document is to be given is provided for in these rules.

(3) Nothing in these rules prevents a person from consenting to being given a document in a manner other than in accordance with this rule.

67. Address for receiving documents

(1) If a person who has not appointed a representative lodges an approved form of a document that requires the person to specify an address for receiving documents, the person —

(a) must specify a postal address on the document; and

(b) may specify an email address on the document.

(2) If a person who has appointed a representative lodges an approved form of a document that requires the person to specify an address for receiving documents, the person —

(a) must specify on the document —

(i) the name of the representative; and

(ii) the address where the representative conducts their business; and

(iii) the postal address of the representative;

and

(b) with the consent of the representative, may specify either or both of the following —

(i) the email address of the representative;

(ii) the details of a document exchange approved by the Registrar.

(3) If an email address is specified as an address for receiving documents in a document lodged under these rules, the person, or the person’s representative, is taken to have consented to receiving documents by email to that email address for the purpose of the proceeding.

(4) If a party’s address for receiving documents changes, the party must lodge with the Registrar a notice of change of address not more than 3 working days after the day on which the change occurs.

68. Giving documents personally

(1) A document may be given personally to an individual by —

(a) leaving the document with the individual or, if the individual is a person under a legal disability, with the individual’s parent, guardian or litigation guardian; or

(b) if the individual or the individual’s parent, guardian or litigation guardian (as the case requires) does not accept the document — putting it down in the presence of the individual and advising the individual of the nature of the document; or

(d) leaving the document with a person at the individual’s usual or last known place of residence who is believed, on reasonable grounds, to have reached 18 years of age; or

(e) if applicable — leaving the document with a representative of the individual in the proceeding.

(2) A document may be given personally to a partnership by —

(a) leaving the document with 1 of the partners; or

(b) if the partner does not accept the document — putting it down in the partner’s presence and advising the partner of the nature of the document; or

(c) leaving the document with a person at the partnership’s principal or last known place of business who, on reasonable grounds, is believed to be in charge of the business; or

(d) if applicable — leaving the document with a representative of the partnership in the proceeding.

(3) A document may be given personally to a body corporate by —

(a) leaving the document with a person who, on reasonable grounds, is believed to be a director, manager or secretary of the body corporate; or

(b) if applicable — leaving the document with a representative of the body corporate in the proceeding; or

(4) A document may be given personally to a public authority by —

(a) leaving the document with a person who, on reasonable grounds, is believed to be the chief executive officer of the public authority or a person authorised by the chief executive officer to receive documents for the purposes of this paragraph; or

(b) if applicable — leaving the document with a representative of the public authority in the proceeding.

69. Giving documents by email

(1) An email by which a document is given must —

(a) state the sender’s name and email address; and

(b) state a telephone number by which the sender can be contacted; and

(d) if more than 1 document is being lodged under this rule — list the documents being lodged.

(2) An arbitrator may, at any time, require a person who has given a document by email to produce the original document to the arbitrator.

70. When document is taken to have been given by pre‑paid post

A document given by pre‑paid post is taken to have been given on a day if the document is sent to the person 3 business days before that day.

71. When document is taken to have been given by email

A document given by email is taken to have been given on the day on which the document is sent by email in accordance with rule 69.

72. Giving documents by alternative means

(1) If for any reason it is impracticable to give a document in the manner set out in rule 66, the Registrar or an arbitrator may order that the document may be given by taking the steps that are set out in the order.

(2) An application for an order under this rule must —

(a) be made by the person required to give the document; and

(b) specify the grounds upon which the application is made; and

(3) A document is taken to be given if the steps that are set out in the order are taken.

73. Requirement to certify the giving of documents

A person who gives a document in accordance with this Part must, if directed to do so by the Registrar or an arbitrator —

(a) certify in the approved form that the document was given; and

(b) lodge the approved form, certified in accordance with paragraph (a), with the Registrar.

Part 12 — Miscellaneous

74. Request under Act s. 306

(1) A request under section 306(2) or (3) of the Act must be in writing and given to the employer, insurer or WorkCover WA (as the case requires).

(2) The request must be complied with within 14 days after the day on which the request is received.

75. Arbitration Service seal

(1) The Arbitration Service —

(a) must have a seal; and

(b) may have as many seals as the Registrar considers appropriate.

(2) The seal must be in a form approved by the Registrar and may be in an electronic form.

(3) All courts and persons acting judicially are required to take judicial notice of the seal of the Arbitration Service affixed to a document.

(4) If the seal of the Arbitration Service is affixed to a document, a court or person acting judicially is to presume that it was properly affixed unless the contrary is shown.

76. Use of seal

The seal of the Arbitration Service must be affixed to —

(a) all documents lodged with the Registrar or an arbitrator; and

(b) all documents registered by the Registrar; and

(d) any other documents that are required to be sealed under these rules.

77. Approved forms

The Registrar may approve forms for use in the arbitration of a dispute under Part 6 of the Act.

78. Amendment of documents

(1) An arbitrator may, on the application of a party to a proceeding, give the party leave to amend any document lodged by the party in the proceeding if the arbitrator considers that the amendment is necessary to avoid injustice.

(2) An amendment may be made at any stage of the proceeding and on such terms as the arbitrator thinks fit.

Part 13 — Repeal

79. Workers’ Compensation and Injury Management Arbitration Rules 2011 repealed

The Workers’ Compensation and Injury Management Arbitration Rules 2011 are repealed.

View image in the official source

Notes

This is a compilation of the Workers Compensation and Injury Management Arbitration Rules 2024 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Workers Compensation and Injury Management Arbitration Rules 2024	SL 2024/78 22 May 2024	Pt. 1: 22 May 2024 (see r. 2(a)); Rules other than Pt. 1: 1 Jul 2024 (see r. 2(b))
Workers Compensation and Injury Management Arbitration Amendment Rules 2025	SL 2025/47 31 Mar 2025	r. 1 and 2: 31 Mar 2025 (see r. 2(a)); Rules other than r. 1 and 2: 1 Apr 2025 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

approved form 3

arbitration application 3

arbitration document 58

arbitration hearing 3

assessment of costs 52

business day 3

claimant 3

compensation order 3

consent order 38(1)

costs order 52

death compensation application 3

EDS 58

EDS exempt 58, 62(1)

electronic notification 65(1)

general application 3

give 3

interlocutory application 3

lodge 3

notify 65(1)

proceeding 3

representative 3

requesting party 29(1)

second party 29(1)

witness statement 35(1)

working day 3

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Workers Compensation and Injury Management Act 2023

Workers Compensation and Injury Management Arbitration Rules 2024

Western Australia

Workers Compensation and Injury Management Arbitration Rules 2024

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1
References to party and dispute 2

Part 2 — General procedural matters

Registrar must accept or reject document 3
Variation or revocation of Registrar’s decision to reject document 4
Party who lodges document must give copy of sealed document to each other party 4
Relief from procedural requirements 4
Time limits 5
Order to obey requirement of rules 5

Part 3 — Arbitration applications

Division 1 — Time limits for lodging general applications

Time limit for lodging general applications 6
Registrar may extend time for lodging general application 6
Lodging amended general applications 7

Division 2 — Documents to accompany arbitration applications

Application of this Division 7
Information to be included in arbitration applications 8
Documents to be lodged with arbitration applications 8
Additional documents to be lodged in certain arbitration applications 9
Reply to arbitration application 10
Documents to be lodged with reply 11
Procedure if party does not reply 12

Division 3 — Documents lodged out of time

Documents lodged out of time 12

Part 4 — Representation

Representation 13
Notice of representation 13

The Rules formalise a set of core procedural concepts that govern arbitration under the Act. These concepts are operationalised repeatedly through defined terms, duties and process steps.

Arbitration application and types: An arbitration application is either a general application (under s. 331 of the Act) or a death compensation application (r. 3). The Rules distinguish between these when setting specific documentary and timing requirements (see Div. 2, Pt 3; r. 14).

Registrar and sealing: Documents lodged with the Arbitration Service are first processed by the Registrar, who must accept or reject lodged documents and must seal accepted documents with the Arbitration Service seal (r. 5). An accepted, sealed document triggers obligations to give copies to other parties (r. 7). The seal carries a judicial presumption of authenticity (rr. 75-76).

Time limits and case management: Time limits are central. Rule 11 requires a general application to be lodged within 28 days of specified certificates issuing. Replies must generally be lodged within 14 days of receipt (r. 18). The Registrar can extend the 28‑day period in extenuating circumstances (r. 12), but rule 8(3) expressly prevents the general relief power (r. 8) from applying to rule 11’s time limit. Arbitrators control further case management by directing hearings, convening directions hearings (r. 43), and making orders to ensure procedural compliance (r. 10).

Electronic filing (EDS): Part 10 makes the EDS the primary channel for lodging arbitration documents (r. 61). It creates an EDS‑exemption class (r. 62) , for example, self‑represented parties who are parties and neither insurers nor self‑insurers , and allows the Registrar to grant further exemptions (r. 62(3)). The Rules specify how EDS filings are taken to be lodged and how electronic notification is treated (rr. 64-65).

Disclosure and document production: Parties have an express duty to disclose documents relevant to issues in a proceeding that are in their possession or control (r. 28). Rule 29 establishes a process for requesting a disclosure list and steps for producing or inspecting specified documents. Arbitrators may also make disclosure orders or direct affidavits about documents (r. 30), and may issue orders under Act s. 341 (r. 31). Rule 33 imposes a continuing obligation to disclose newly discovered relevant documents.

Witnesses and medical evidence: The Rules require witness statements for any witness a party intends to call (r. 35). Evidence in chief is generally confined to the witness statement unless leave is granted (r. 35(3)). Medical evidence must be in writing unless leave is obtained and the presumption is that the medical practitioner need not attend to give oral evidence (r. 36). Rule 37 caps the quantity and areas of medical reports a party may tender without leave.

Arbitrator powers and remedies: Arbitrators have broad case‑management and remedial powers. They can vary Registrar rejections (subject to limits), make orders requiring compliance with the Rules (r. 10), grant relief from procedural requirements except for the 28‑day lodging limit (r. 8), dismiss proceedings for non‑compliance (r. 10(3)(a)), and make disclosure, attendance and document production orders pursuant to the Act and the Rules (rr. 30-32). The arbitrator’s threshold for making orders under Act s. 341 and rule 30 is linked to the interests of a fair, just, economical, informal and quick determination (r. 31(1)).

Costs and assessment: Parties may apply for costs orders (r. 54), must follow prescribed notice processes (r. 55), and can seek assessment of costs in accordance with the Regulations’ costs determination (rr. 52-57). The Rules require items claimed to be accompanied by vouchers or receipts (r. 54(2)(c)) and make specific provision for certification of costs connected with certain impairment assessments (r. 56).

Service and proof of giving documents: Part 11 sets out permitted manners of service (personal, delivery to residence or business, pre‑paid post, email) and specific requirements for emails and postal timing (rr. 66-71). Parties must lodge or give certified proof of service when directed (r. 73).

Forms, seal, and administrative practice: The Registrar may approve forms (r. 77) and issue practice notes under the Act (referred to in rules 16(3), 16(4), 19(4) , practice notes are an administrative instrument but the Rules require compliance with timeframes those practice notes may set). The seal is used on accepted and registered documents and on notices and decisions (rr. 75-76).

In short, the Rules translate high‑level objectives of timely, economical, and informal arbitration into concrete procedural requirements covering filing, disclosure, evidence, service, costs, and the allocation of administrative responsibilities between parties, the Registrar and arbitrators.

The Rules allocate obligations and procedures across a defined set of actors. The principal actors and how they are affected are as follows:

Claimants and workers: A claimant is defined (r. 3) and the Rules impose filing and disclosure obligations on workers who are parties. Workers must lodge medical practitioner details not already provided when filing replies in certain reviews (r. 19(2)(a)). Witness statements are required for any witness the worker intends to call (r. 35). Workers who are self‑represented may be EDS exempt (r. 62(1)(a)(i)-(iii)); however, the Rules nonetheless require compliance with documentary filing timeframes (rr. 11, 16, 18).
Employers: Employers are parties who must comply with the same filing, disclosure and attendance obligations as other parties (e.g. rr. 16-19, 28-33, 34-37). Notably, an employer is not required to give a document to the employer’s insurer unless there is a dispute between the employer and the insurer (r. 7(3)). Employers may be required to pay costs in specified circumstances (r. 56). If an employer is uninsured it may be treated as self‑represented for EDS exemption purposes (r. 62(2)(b)).
Insurers and self‑insurers: Insurers who are parties are not EDS exempt under the defined classes (r. 62(1)(a)(iii) excludes insurers). Insurers will receive sealed documents and notices in the usual way once a party lodges a document and gives copies (r. 7). The Rules require parties who join employers as parties to notify the employer’s insurer where the employer is not a self‑insurer (r. 26(1)).
Representatives and legal advisers: Rule 22 authorises who may represent certain parties (directors, secretaries, officers for bodies corporate; public sector employees for public sector bodies). Representative notices must be lodged and limitations indicated (r. 23). Where a party appoints a representative, the representative’s address for receiving documents becomes the contact point in many circumstances (r. 67(2)). The EDS exemption is expressly tied to self‑representation; engaging a representative generally removes EDS exemption (r. 62(1)(a)(i)).
The Registrar and Arbitration Service: The Registrar is given administrative obligations and discretionary powers: accept/reject and seal documents (r. 5), manage the EDS and exemptions (rr. 61-63), grant extensions for filing general applications in extenuating circumstances (r. 12), notify joinees (r. 26(2)), and certify certain costs (r. 56). The Rules authorise the Registrar to approve forms (r. 77) and determine email/file format requirements for email lodgement (r. 63(4)).
Arbitrators: Arbitrators exercise case‑management and remedial powers. They may vary Registrar rejections (except arbitration application rejections) (r. 6), give relief from procedural requirements (except the 28‑day lodging limit for general applications) (r. 8), make orders to require compliance with the Rules (r. 10), order disclosure and production of documents (r. 30), determine interlocutory and adjournment applications subject to prejudice thresholds (r. 47), and dismiss proceedings or make final orders for non‑compliance (r. 10(3)).
Third parties served or summoned: Rules govern joinder and notification of joinees (rr. 25-27). Summons obligations are set out; a witness is not required to comply unless the summons is given correctly and witness allowances are paid in accordance with the regulations (r. 34(4)).

Who pays: Procedural costs will be borne by parties according to the Rules’ costs provisions. Costs applications must be accompanied by claimed costs and supporting vouchers and are subject to assessment under the Regulations’ costs determination (rr. 54-57). A party may be ordered to pay costs of conciliation or arbitration steps (r. 54(2)(b)) and the Registrar certifies certain costs connected with impairment assessments (r. 56).

Who decides: The Registrar performs initial administrative screening (r. 5) and manages EDS. The arbitrator conducts case management, admits evidence, makes disclosure and production orders under Act s. 341 or the Rules (rr. 30-32), and can make final determinations including dismissal where there is non‑compliance (r. 10(3)).

Behavioural effects: The Rules incentivise timely lodgement, early disclosure of material evidence, written medical reports in lieu of oral testimony unless leave is granted, and electronic filing, subject to defined exemptions. Failure to conform can lead to rejected filings, inability to adduce documents lodged out of time without leave (r. 21), dismissal, or adverse costs orders (r. 10(3), rr. 54-55).

The Rules translate procedural duties and rights into concrete obligations and enforcement mechanisms. The primary duties and reciprocal rights appear in several Parts:

Duty to lodge within timeframes: A general application must be lodged within 28 days of specific certificates (r. 11). Parties must file replies within 14 days of receipt of a sealed arbitration application (r. 18). These time limits trigger rights to request an extension: the Registrar may extend the 28‑day period for extenuating circumstances (r. 12). The Rules also provide deadlines for lodging documents specified as to be adduced at a hearing (r. 16(3), r. 19(4), r. 21 for out‑of‑time documents).

Registrar’s acceptance and sealing duty: The Registrar must accept or reject lodged documents as soon as practicable and must seal accepted documents (r. 5(1), (4)). If rejected, the document is treated as not lodged (r. 5(3)). The Registrar is required to give reasons on rejection and to notify the lodger (r. 5(5)).

Duty to give copies and notification: A party who lodges a document accepted by the Registrar must give sealed copies to each other party within seven days unless the Rules or the Registrar order otherwise (r. 7). There is a specific exception that an employer need not give a document to their insurer unless there is a dispute between employer and insurer (r. 7(3)). When someone is joined, the applicant must notify the joinee and, where the joinee is an employer but not a self‑insurer, the employer’s insurer (r. 26(1)).

Duty of disclosure and continuing obligation: Parties have a duty to disclose documents in their possession or control that are relevant to an issue in the proceeding (r. 28). Rule 29 establishes a procedure for requesting a list of documents and production/inspection. Rule 33 imposes a continuing obligation to disclose newly identified relevant documents during the proceeding.

Witness and medical evidence duties: A party intending to call a witness must lodge a witness statement that identifies the witness, discloses the substance of their evidence, and is signed by the witness (r. 35(2)). Evidence in chief should be confined to the witness statement unless leave is granted (r. 35(3)). Medical evidence by practitioners must be in writing unless leave of the arbitrator is obtained (r. 36(1)); an application for leave must be made promptly and state the grounds (r. 36(2)).

Duties around interlocutory applications and consultation: Interlocutory applications require prior consultation with affected parties and a signed statement to that effect (r. 44(1)). Replies to interlocutory applications must typically be lodged two working days before the hearing and copies given to other parties (r. 45(1)).

Document-lodgement and EDS obligations: Rule 61 makes EDS the default method of lodging arbitration documents. A defined class of persons are EDS exempt (r. 62). Where EDS is unavailable or the person is EDS exempt, alternative lodging methods are specified (r. 63). The Rules also allow the Registrar or arbitrator to require production of an original document even if filed electronically (r. 61(3), r. 63(6)).

Right to seek relief and arbitrator discretion: Arbitrators may extend or shorten time limits, waive compliance with procedural requirements and give orders necessary to give effect to the Act, except that rule 8(3) excludes the time limit for lodging a general application (r. 8). Arbitrators can also vary or revoke a Registrar’s rejection decision (r. 6), make disclosure orders (r. 30), and grant leave to adduce documents lodged out of time (r. 21). The threshold for orders under s. 341 or rule 30 is stated (r. 31(1)).

Right to costs and assessment: Parties may apply for costs orders (r. 54) and have those costs assessed under the Regulations’ costs determination (r. 57). The Rules set timing and evidential supports required for costs claims (r. 54(2)) and allow respondents to make submissions in prescribed timeframes (r. 55).

Enforcement remedies for non‑compliance: The Rules provide immediate enforcement tools: an arbitrator may order compliance with the Rules (r. 10) and, for failure to comply, may dismiss the proceeding or make a determinative order (r. 10(3)). Documents not lodged within the prescribed time cannot be adduced without leave (r. 21), and interlocutory and other applications can be determined as unopposed if no reply is lodged (r. 44(4), r. 45(2), r. 55(2)).

Administrative rights: The Registrar may approve forms (r. 77), publish format and size requirements for emailed documents (r. 63(4)), and grant EDS exemptions (r. 62(3)). The Arbitration Service has a seal which creates a rebuttable presumption that it was properly affixed to sealed documents (rr. 75-76).

Taken together, the Rules create a network of mandatory acts (filing, disclosure, giving sealed copies, lodging witness and medical material), conditional rights (applications for extensions, leave to adduce material out of time, leave to require attendance), and enforcement mechanisms (dismissal, costs, refusal to admit evidence) designed to shape behaviour towards timeliness, early disclosure and efficiency.

The Rules do not create criminal penalties but provide civil and procedural enforcement mechanisms and consequences for non‑compliance. Enforcement primarily occurs through the arbitrator’s procedural powers and costs orders.

Registrar actions and consequences: If the Registrar rejects a document because it is not properly completed, lodged, or does not comply with the Rules or an order, the document is taken not to have been lodged (r. 5(2)-(3)). This treatment has practical enforcement implications: an unsealed or rejected document will have no procedural effect until cured and re‑lodged; an applicant who fails to cure within required timeframes may lose the ability to proceed if the application window closes (see rr. 11-13 and r. 5(3), r. 13).

Arbitrator orders and coercive powers: Arbitrators may make orders compelling compliance with the Rules (r. 10(1)). Those orders may be given without the party being heard or notified initially (r. 10(2)(a)), but must be written and give at least three working days’ notice for compliance (r. 10(2)(b)-(d)). For failure to comply with an order, the arbitrator may dismiss the whole proceeding or make an order determining the dispute, in whole or in part (r. 10(3)(a)-(b)). These are the principal coercive devices available under the Rules.

Admissibility and evidentiary exclusion: Documents not lodged within prescribed timeframes cannot be adduced in evidence without leave (r. 21(1)). The arbitrator’s power to refuse to admit such documents unless no prejudice or consent is shown (r. 21(2)) operates as a sanction for late disclosure. Witnesses whose statements were not lodged as required cannot give evidence unless leave is granted and certain conditions satisfied (r. 35(4)-(5)).

Adjournment and dismissal powers: The Rules set a stringent standard for adjournments: an adjournment is available only if a party would be significantly prejudiced without it (r. 47(2)). Arbitrators may adjourn indefinitely in exceptional circumstances and must record such reasons (r. 47(3)-(4)). If a party seeks an adjournment and is not ready to proceed when the application is determined at hearing, the arbitrator may expect explanation and submissions and may dismiss the application or the proceeding where appropriate (r. 50).

Costs consequences: The Rules provide for orders as to costs (r. 54). A party discontinuing a proceeding may be subject to a costs order (r. 39(3)), and the Rules set a structured process for costs applications and assessment, requiring particulars and supporting vouchers (rr. 54-57). Failure to respond to a costs application can lead to the application being determined as unopposed (r. 55(2)). Costs orders function as both compensatory and deterrent mechanisms.

Summons compliance and witness allowances: A person is not required to comply with a summons issued under s. 343 unless the summons is given correctly and any witness allowance prescribed by regulation is paid at the time of service or not later than a reasonable time before attendance (r. 34(4)). Non‑payment can therefore render the summons ineffective, limiting enforcement of attendance.

Sealing and presumptions: The Arbitration Service seal, affixed to accepted documents and orders, attracts a judicial presumption that it was properly affixed unless the contrary is shown (r. 75(3)-(4)). This raises evidential weight for sealed documents and may reduce collateral disputes about authenticity unless rebutted.

Limits on review within the Rules: The Rules provide internal review mechanisms: an arbitrator may vary or revoke a Registrar’s rejection decision, other than for arbitration applications (r. 6). Rule 40(2) clarifies that a direction as to persons who may be present at a private proceeding is not a decision for the purposes of s. 370(a) of the Act, which is a statutory reference in the Act that may concern appeals or reviews; the Rules therefore mark some procedural steps as non‑decisional in that statutory context.

Practical enforcement risk: The Rules centralise enforcement in the arbitrator’s case management powers, backed by costs orders and exclusion of evidence. Administrative enforcement occurs through the Registrar’s gatekeeping and sealing function, while financial enforcement occurs through costs and potential awards. Parties face process risk from rejection, exclusion of late evidence, dismissal, and adverse costs if they do not adhere to the Rules.

The Rules are expressly procedural and designed to operate within the framework of the Workers Compensation and Injury Management Act 2023. They refer to and interact with other provisions of the Act and the Regulations; they also indirectly interact with other administrative statutes through definitions and references.

Relationship with the Act: The Rules implement processes under the Act’s arbitration regime. They refer repeatedly to functions and powers in the Act: general applications under s. 331 (r. 3), disclosure and production powers under s. 341 (r. 31, r. 32), summonses under s. 343 (r. 34), representation under s. 365 (r. 22-23), litigation guardians under s. 367 (r. 24), and other Act sections relating to specific application types (r. 16 references to particular general applications, r. 17 references to ss. 52, 77, 78 in the Act). The Rules do not supplant the Act; they prescribe procedures to give effect to the Act’s dispute resolution powers.

Regulations and costs determination: The Rules tie into the Workers Compensation and Injury Management Regulations 2024 for the definition of assessment of costs and for prescribed witness allowances (r. 52, r. 34(4)). Rule 57 cross‑references regulation 111 for the form and content of applications for assessment of costs. Rule 56 requires the Registrar to certify certain costs in writing in connection with impairment assessments under Act s. 79(6).

Public Sector Management Act cross‑reference: Rule 22(b) uses the Public Sector Management Act 1994 s. 3(1) definition of public sector body to identify a class of persons who may be authorised to represent public sector bodies. This is a direct cross‑statute reference shaping representation rights for public authorities.

Act provisions not reproduced: The Rules reference many Act sections but do not reproduce their content; for substantive rights and thresholds (for example, the entitlement to compensation, the grounds for certain orders, or the limits of arbitrator jurisdiction) the Act itself must be read. For example, rules about what constitutes a general application or death compensation application are premised on definitions and orders in the Act (r. 3).

Interaction with court processes and judicial notice: The Rules require courts and persons acting judicially to take judicial notice of the Arbitration Service seal and to presume proper affixation unless the contrary is shown (r. 75(3)-(4)). This creates an evidentiary interaction between arbitration documents and court processes.

Electronic lodgement and privacy/data laws: The EDS requirement (r. 61) creates an operational intersection with privacy and data security obligations, although the Rules do not expressly regulate those topics. The Registrar may publish permissible formats and maximum sizes for emailed documents (r. 63(4)), which may require compliance with information security and record‑keeping obligations under other applicable law.

Non‑application and savings: Part 3, Division 2 (r. 14) excludes certain provisions for death compensation applications where liability is accepted under Act ss. 138(3)(a) or 139(2)(a), but allows an arbitrator to order that a provision of this Division applies despite liability acceptance. This shows the Rules are intended to be flexible where the Act’s substantive decisions on liability change the procedural calculus.

Internal administrative instruments: The Rules explicitly recognise administrative practice notes issued by the Registrar under s. 384(3) of the Act as affecting deadlines for lodging certain documents (r. 16(3), r. 16(4), r. 19(4)). Practice notes are thus an instrument through which the Registrar can shape procedural detail while remaining within the legislative framework.

Statutory limitations and non‑application: The Rules record that some statutory time limits are excluded from the arbitrator’s general relief power (r. 8(3)). They also identify when certain determinations are not decisions for the purposes of a particular Act section (r. 40(2) referencing s. 370(a)), impacting avenues for appeal or review found in the Act.

In summary, the Rules are a procedural complement to the Act and the Regulations. They vest operational duties in the Registrar and arbitrators, impose procedural obligations on parties, and reference other statutory instruments where substantive or technical detail (costs assessment, witness allowances, exemptions) is required.

The Rules include an internal compilation and amendment record and show at least one amendment event recorded on the face of the instrument.

Original instrument and repeal of prior Rules:

The Workers Compensation and Injury Management Arbitration Rules 2024 (SL 2024/78) were published 22 May 2024. Part 1 commenced on the date of publication; the remainder commenced 1 July 2024 (r. 2; compilation table).
The Rules repeal the Workers’ Compensation and Injury Management Arbitration Rules 2011 (r. 79).

Subsequent amendment recorded:

The compilation table records the Workers Compensation and Injury Management Arbitration Amendment Rules 2025 (SL 2025/47), published 31 March 2025; the stated commencement entry indicates r. 1 and 2 commenced 31 March 2025 and the remainder of those amendment Rules commenced 1 April 2025. The body of the Rules contains an inline editorial note that rule 16 was amended by SL 2025/47 r. 4 (see the bracketed note following r. 16(4)). That amendment is reflected in the text as the deletion of paragraph (a) in r. 16(4) (now bracketed as deleted) and an expanded list at r. 16(4)(b)-(d).

Recorded changes in text:

Rule 16(4) originally had a subparagraph (a) that has been deleted by the 2025 amendment; the current rule lists specific types of general applications where only documents lodged in accordance with r. 16(1) may be adduced at the hearing , including reviews under s. 68, refund orders under s. 146, and suspension orders under s. 181. The amendment is explicitly flagged in the text ([Rule 16 amended: SL 2025/47 r. 4.]).

Administrative amendment powers:

The Rules authorise the Registrar to approve forms (r. 77) and to determine permissible formats and maximum sizes for emailed documents (r. 63(4)). These administrative instruments are not recorded as legislative amendments but can change operational practice and must be monitored for compliance impact.

Practical implications of recorded amendments:

The 2025 amendment to rule 16 narrows the scope of documents that may be adduced without compliance with the document‑lodgement requirements for certain application types. That change imposes stricter evidentiary discipline for enumerated application types, and was made by a subsequent statutory instrument recorded in the compilation table.

No further amendment or retrospective changes are recorded within the provided compilation beyond SL 2025/47. The compilation table is explicit about commencement dates and indicates that readers should consult the compilation table for provisions that have come into operation.

How to track future changes:

The Registrar’s power to issue practice notes, the use of approved forms and the EDS technical requirements create multiple administrative change vectors that do not all require formal legislative amendment. Parties should monitor the WA legislation website for formal rule amendments and the Arbitration Service for practice notes and approved forms.

The Rules themselves do not include case law or litigation history. The instrument contains no judicial determinations, and the compilation does not list any litigation‑related annotations. Consequently, there are no reported cases, appeals, or judicial interpretations of these Rules documented within the instrument provided.

What the Rules do show that affects litigation exposure:

Internal review/remedial pathways: The Rules give an arbitrator the power to vary or revoke many Registrar rejection decisions (r. 6). Where the Registrar rejects an application other than an arbitration application, an arbitrator may reconsider the rejection on their own motion or on application by the lodger (r. 6(2)). That internal mechanism reduces immediate recourse to external tribunals for some administrative decisions, and creates an administrative ladder of control within the arbitration framework.
Not every administrative act is a decision for appeal purposes: Rule 40(2) declares a direction as to who may be present at a private proceeding is not a decision for the purposes of s. 370(a) of the Act. That cross‑reference to the Act indicates that certain procedural directions are not reviewable as "decisions" under a particular statutory provision. The instrument does not reproduce s. 370, and any judicial contours depend on the Act’s definition of a decision and judicial interpretation outside these Rules.
Evidential presumptions and procedural finality: The Arbitration Service seal attracts judicial notice and a presumption of proper affixation (r. 75(3)-(4)), strengthening the evidential position of sealed documents and potentially constraining collateral attacks on authenticity.

Potential but not recorded litigation vectors:

Because the Rules centralise discretionary powers in arbitrators (relief from procedural requirements, disclosure orders, dismissal for non‑compliance), disputes may arise in practice about whether an arbitrator exercised discretion appropriately. The Rules articulate relevant factors for orders under s. 341 (r. 31(2)), which may be the focal point of any future judicial review claims. However, there is no litigation record in the instrument to show how those discretionary standards have been applied.
The EDS mandate (r. 61) and the EDS‑exemption regime (r. 62) create administrative decisions (exemptions, format requirements) that could give rise to challenge if applied arbitrarily; the Rules allow the Registrar to exempt persons where electronic lodgement would be unreasonable (r. 62(3)). Again, there is no litigation record in the Rules to indicate contested applications of that power.

How to identify litigation developments: Because these Rules are procedural, the likely sources of litigation or judicial consideration will be:

challenges to an arbitrator’s exercise of discretionary powers (e.g. alleged denial of procedural fairness when ordering dismissal or refusing an adjournment, or requests to produce documents under s. 341),
disputes over the Registrar’s administrative decisions (rejection, EDS exemptions) where internal remedies are exhausted,
evidentiary disputes (admission of late documents, witness statement compliance, or medical evidence attendance), and
costs assessments and enforcement where costs orders are made.

None of that litigation is recorded in this instrument. To assess litigation history in practice, consult tribunal and court databases and decisions arising from the Workers Compensation and Injury Management Act 2023 arbitration stream.

Several provisions create traps for the unwary. Below are concrete operational pitfalls grounded in the Rules text, with precise references.

28‑day limit for general applications not extendable under relief power: A general application must be lodged within 28 days after the Director’s certificate or conciliator’s certificate (r. 11). Although the Registrar may extend that 28‑day period in extenuating circumstances (r. 12), rule 8(3) expressly prevents the arbitrator’s general relief power (r. 8) from applying to the time limit in rule 11. Practically, if a party misses the 28‑day window they must seek a Registrar extension (r. 12) rather than relief from an arbitrator; the Registrar’s test is extenuating circumstances and rule 12 prescribes procedures and an opportunity for other parties to make submissions (r. 12(2)-(5)).

Registrar rejection treats the document as not lodged: The Registrar may reject documents that are not properly completed or lodged or that do not comply with these Rules (r. 5(2)). A rejected document is taken not to have been lodged (r. 5(3)). That can extinguish procedural standing until a corrected filing is accepted and sealed. An arbitrator can vary or revoke a rejection decision, but not where the objection was to an arbitration application (r. 6(1)-(2)).

Strict copy and communication obligations: When the Registrar accepts a document and seals it, the lodger must give sealed copies to each other party within seven days unless the Rules or Registrar require otherwise (r. 7). Failure to do so can expose a party to dismissal or orders under r. 10, and the timing rules for replies and disclosure are calculated from when sealed copies are received (r. 18).

EDS mandatory with narrow exemption class: The EDS is the primary lodgement mechanism (r. 61(1)). The EDS‑exemption class is narrow: self‑represented parties who are parties and are neither insurers nor self‑insurers (r. 62(1)(a)(i)-(iii)), or those the Registrar exempts (r. 62(3)). Parties who assume they can email instead of using EDS risk rejection or being required later to re-lodge by EDS (r. 63(8)).

Witness and medical evidence procedural bars: Witnesses cannot be called unless the party has lodged a witness statement that identifies the witness and sets out the substance of proposed evidence (r. 35(1)-(2)), and evidence in chief is generally confined to the witness statement (r. 35(3)). Medical evidence is expected to be in writing and medical practitioners will not generally be required to give oral evidence absent leave and exceptional circumstances (r. 36). Parties seeking to adduce a new or additional medical report in the same area of practice face constraints: a party may not lodge or adduce more than one medical report in a particular area of practice (r. 37(1)(a)) and may not adduce medical reports in more than three different areas of practice without leave (r. 37(1)(b)). These rules constrict expert tactics and require front‑loading of expert material.

Documents out of time require leave and are subject to prejudice test: Documents not lodged within prescribed time limits cannot be adduced without leave of the arbitrator (r. 21(1)). The arbitrator will only grant leave if no other party is prejudiced, all parties consent, or the interests of justice require admission (r. 21(2)). This is a practical barrier to late disclosure.

Interlocutory application pre‑consultation and timing: Interlocutory applications require consultation with affected parties and an endorsement that consultation occurred (r. 44(1)). Applications lodged without consultation require the arbitrator to be satisfied of exceptional circumstances (r. 44(2)). A failure here can lead to the application being struck out or negatively received.

Joinder notification duties: When a party applies to join another party and the order is made, the applicant must, within seven days, notify the joinee and send a sealed copy of the application, reply and documents, and, where the joinee is an employer but not a self‑insurer, the employer’s insurer (r. 26(1)). Missing these notification steps can create procedural and substantive problems for the integrity of joinder.

Summonses and witness allowances: A person is not required to comply with a witness summons unless the summons is properly served and the witness allowance prescribed by regulation is paid either on service or within a reasonable time before attendance (r. 34(4)). If a party attempts to rely on a summons but fails to pay the prescribed allowance, they may be unable to compel attendance.

Consequences for failure to comply with orders: An arbitrator may give orders requiring compliance with the Rules and can make those orders without notice (r. 10(2)(a)), although the party must receive the written order at least three working days before compliance is due (r. 10(2)(d)). For failure to comply, the arbitrator may dismiss the proceeding or determine the dispute in whole or part (r. 10(3)). That is a significant sanction which parties often under‑appreciate.

Costs and evidential proof required: Costs applications must be accompanied by a statement of costs and supporting vouchers, accounts and receipts (r. 54(2)(c)). Claims without documentary support may be rejected or reduced at assessment (r. 57).

Sealing presumption and challenge: The Arbitration Service seal carries a presumption it was properly affixed and courts are required to take judicial notice of the seal (r. 75(3)-(4)). While rebuttable, this evidentiary presumption shifts the burden for challenges.

Practice note timeframes: The Rules allow the Registrar to publish practice notes that can shorten the 28‑day requirement for lodging documents before a hearing to less than 28 days (r. 16(3), r. 19(4)). Parties relying on printed timeframes should check current practice notes to avoid missed deadlines.

These concrete "gotchas" make plain where procedural discipline, early and complete disclosure, correct use of EDS and careful attention to deadlines and notification duties are essential.

The Rules require structured compliance steps. Below is a practical, stepwise compliance checklist for parties, framed against the relevant Rules. Use it as a working guide; check approved forms and Registrar practice notes for operational details (r. 77; rr. 16(3), 19(4)).

Confirm timelines on receipt of certificates:
- If you receive a Director’s certificate under s. 313 (not in the Rules) or a conciliator’s certificate under s. 319(2), calculate the 28‑day period for lodging a general application (r. 11). If you need more time, lodge an application for an extension with the Registrar under r. 12, include reasons and be prepared to certify service to other parties and to respond to submissions from other parties within seven days (r. 12(2)-(5)).
Prepare the arbitration application or reply properly:
- Use approved forms where available (r. 60, r. 77). Ensure your arbitration application specifies grounds and substantive issues in dispute (r. 15).
- Attach the documents you intend to adduce at the arbitration hearing: medical certificates/reports with lists of practitioners, workplace rehabilitation reports, expert statements, witness statements, and other relevant statements as required by r. 16(1). If a document exists but cannot be attached, identify it and give reasons in the application (r. 16(2)).
Use EDS unless exempt or unavailable:
- Lodge arbitration documents using the EDS unless you are EDS exempt (r. 61). Review r. 62 to see if you are exempt (self‑represented party who is a party and neither insurer nor self‑insurer, or an exemption granted by the Registrar). If EDS is unavailable or you are EDS exempt, lodge by presenting at the office, pre‑paid post, or email in the specified manner (r. 63). If emailing, comply with content requirements (r. 63(3)) and any Registrar format rules (r. 63(4)).
Ensure the Registrar accepts and seals documents:
- After lodging, the Registrar must accept or reject as soon as practicable (r. 5(1)). If accepted, a sealed copy will be provided; if rejected, the filing is treated as not lodged (r. 5(3)-(6)). If rejected, consider applying to the arbitrator to vary or revoke the rejection (r. 6) unless the rejection is of an arbitration application (r. 6(1)).
Serve sealed copies to other parties within seven days:
- Once sealed, give a copy to each other party within seven days unless the Rules or Registrar order otherwise (r. 7(1)-(2)). Use the address for receiving documents specified on lodged forms (r. 67). If the party is an employer, you do not need to give copies to the employer’s insurer unless there is a dispute between them (r. 7(3)).
Lodge replies and disclosure lists on time:
- If you receive a sealed arbitration application, lodge your reply within 14 days (r. 18(1)). Your reply must identify admitted and disputed parts and the grounds and issues (r. 18(2)).
- Include in the reply any documents you intend to adduce (r. 19(1)). Provide medical practitioner names and appointment details where required (r. 19(2)).
- If a party requests a disclosure list after the reply period elapses, respond with a list within 21 days (r. 29(3)); be prepared to produce or permit inspection within seven days of a further written notice (r. 29(5)).
Lodge witness statements and medical reports early:
- For every witness you intend to call, lodge a witness statement that identifies the witness, discloses the substance of proposed evidence, and is signed (r. 35(2)). Evidence in chief must generally be confined to the witness statement (r. 35(3)).
- Lodge medical evidence in writing; only seek to require oral attendance of medical practitioners on exceptional grounds and promptly after listing (r. 36(1)-(2)). Avoid tendering multiple reports in the same area of practice unless necessary and seek leave for extra reports where rule 37 constraints would otherwise be breached.
Prepare indexed books of documents and records:
- Unless directed otherwise, prepare and lodge an indexed and paginated book of documents at least seven days before the arbitration hearing and provide sealed copies to other parties (r. 51(1)). Be ready to provide originals on request by the Registrar or arbitrator (r. 61(3), r. 63(6)).
Comply with interlocutory and directions requirements:
- Before lodging interlocutory applications, consult other parties and lodge a statement that consultation occurred (r. 44(1)). If the required consultation did not occur, be ready to explain exceptional circumstances to the arbitrator (r. 44(2)).
- Attend directions hearings when convened, and be prepared to define issues and receive case‑management directions (r. 43).
Observe adjournment rules and readiness to proceed:
- For adjournment applications, lodge at least five working days before the hearing where practicable, attach supporting documents, and be prepared to demonstrate significant prejudice if adjournment is refused (rr. 48-49, r. 47(2)). If an adjournment application is heard at the hearing, be fully prepared to proceed if adjournment is not granted (r. 50).
Handle joinder notifications correctly:
- If seeking joinder and the order is made, notify the joinee and provide sealed application, replies and documents within seven days and, where applicable, notify the employer’s insurer if the employer is not a self‑insurer (r. 26(1)). If joinder is made on the arbitrator’s own initiative, the Registrar will notify the joinee (r. 26(2)).
Costs claims and assessments:
- When seeking costs, lodge a written application with a statement of costs and supporting vouchers/receipts (r. 54(2)). Be prepared to respond to submissions within the 14‑day window for opposition (r. 55). For assessment, follow the Regulations’ costs determination and provide details by clause for each cost claimed (r. 57).
Maintain continuing disclosure:
- Keep under review any documents that become relevant during proceedings and disclose them as soon as practicable (r. 33(1)-(2)). If ordered under s. 341 to produce documents, produce them according to the order and give copies to the required persons at least seven days before the production day (r. 32(3)).
Observe service formalities:
- Use the address for receiving documents in lodged forms (r. 67). When serving personally, follow the detailed methods in r. 68. For email service, comply with the content requirements (r. 69). Remember that documents sent by pre‑paid post are taken to be given three business days before the relevant day (r. 70) and emails are taken to be given on the day sent (r. 71).
If in doubt, apply for relief early:
- If you anticipate non‑compliance or require variation of procedural requirements, seek the arbitrator’s relief under rule 8 as early as possible, remembering that relief under r. 8 does not apply to the 28‑day general application time limit (r. 8(3)).
Keep copies and originals, and be ready to produce originals:
- Even when filing electronically, be prepared to produce original documents at the Registrar’s or arbitrator’s request (r. 61(3), r. 63(6)). Keep vouchers and receipts for cost claims.
Monitor Registrar practice notes and approved forms:
- Check the Arbitration Service for approved forms (r. 77) and Registrar practice notes under s. 384(3) of the Act, which may set different timeframes for document lodgement (r. 16(3), r. 19(4)). The Registrar can publish format and size requirements for emailed documents (r. 63(4)).
If you receive a summons, comply with service and payment rules:
- Ensure witness allowances prescribed by regulation are paid at time of service or within a reasonable time before attendance (r. 34(4)) to render the summons enforceable.

These steps, followed systematically and documented, will address the principal obligations in the Rules and reduce the risk of procedural sanctions. Where the Rules refer to substantive provisions of the Act (for example, the specific contexts for death compensation applications, or s. 341 production orders), read those Act sections in tandem with these procedural steps.

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