Workers Compensation and Injury Management Conciliation Rules 2024

The Rules operationalise conciliation under the Act through a set of interlocking procedural concepts. These concepts determine who acts, what must be filed, when things must happen and how the Conciliation Service communicates and records outcomes.

Application and supporting material: An application for conciliation must be in a Director approved form (rule 5). The applicant must supply documents in their possession or control that assist in discharging the burden under s 312(3) of the Act (rule 6(1)). Claims for added income compensation or increased medical/health expense caps require a financial statement and documentary evidence (rules 6(2)-(3)). These provisions make evidential completeness a prerequisite to acceptance and to effective conciliation.

Director as gatekeeper: The Director has a procedural vetting role: accept or reject applications promptly (rule 7(2)). Mandatory rejection grounds include prior conciliation within an exclusion period of 56 days from issuance of a certificate of outcome (rule 7(1), (3)(a)), insufficient particularisation of substantive issues (rule 7(3)(b)), and failure to make reasonable attempts at resolution with other parties (rule 7(3)(c)). Discretionary rejection grounds include incompleteness and non‑compliance with lodging rules in Part 6 (rule 7(4)). The Director must give reasons for rejection (rule 7(6)).

Distribution and disclosure: Once accepted, the Director must give each other party copies of the application and accompanying documents (rule 8). Parties lodging later documents must have those distributed to other parties (rule 8(2)). The Rules therefore structure initial disclosure to opposing parties and allow subsequent sharing of late documents.

Representation: The Rules limit and define authorised representatives for bodies corporate and public sector bodies (rule 10). Representatives must lodge a notice of appointment or the first document they lodge for the party within three working days (rule 11(1)). Ceasing representatives must likewise notify the Director within three working days (rule 11(2)). The Rules cross‑refer to s 365(2) of the Act for the wider definition of representative.

Conciliation conferences and attendance: Conciliators must give written notice specifying date, time and place (rule 13). Parties may attend in person or, with the conciliator’s agreement, by telephone or other electronic means (rule 13(3)). Non‑parties may only attend or participate if directed by the Director or conciliator (rule 14).

Time limits and extensions: The default conciliation period is 56 days following acceptance (rule 15(1)). The Director may extend on a conciliator’s request by up to a further 56 days, with cumulative extensions not exceeding 56 days (rules 15(2)-(3)). Each extension request must be made before expiry (rule 15(3)(b)). The Rules list matters the Director must consider when granting extensions (rule 15(4)).

Certificate of outcome and directions: The certificate must record substantive issues, resolved issues and terms of agreement subject to s 319(3), unresolved issues, and whether an issue was discontinued under rule 9 (rule 16). Conciliators must consider whether parties acted in good faith when deciding directions (rule 17(1)). The Rules set precise contents for interim compensation directions and suspension/reduction directions and require prompt distribution (rules 17(2)-(4)).

Costs framework: A party may apply for a costs order with specified supporting evidence and attempts to agree (rule 20(1)-(2)). A conciliator may only make a costs order if the dispute was resolved by conciliation, resolved subsequently by agreement, or will not proceed to arbitration (rule 20(3)). The Director may review conciliator decisions and may hold a conference, set aside, recreate, or remit decisions (rule 21).

Electronic lodgement and deemed service: The EDS is the primary mechanism for lodging conciliation documents (rule 26). Narrow exemptions apply (rule 27). When EDS is unavailable or an applicant is exempt, alternative lodging methods are provided (rule 28). Rules 29-30 govern when documents are taken to have been lodged and when the Director or conciliator is taken to have given notices or documents.

Repeal and commencement: The 2011 Conciliation Rules are repealed (rule 34). The Rules commenced in two stages: Part 1 on publication and other rules on 1 July 2024 (rule 2 and the compilation table).

These concepts create a procedural architecture that emphasises completed applications with supporting evidence, electronic lodgement, Director vetting, tight statutory timeframes with limited extensions, strict representation notices, and a structured costs regime.

The Rules affect every party involved in conciliation proceedings under the Workers Compensation and Injury Management Act 2023: workers, employers, insurers, self‑insurers and their representatives, as well as the Conciliation Service, the Director and conciliators who administer and adjudicate procedural matters.

Applicants and respondents: Workers who make applications for conciliation must comply with form and documentary requirements (rules 5-6). Employers and insurers who are parties will receive copies of applications and subsequent documents once an application is accepted (rule 8). They are required to attend conciliation conferences when notified and may be directed to make or continue making interim compensation payments (rule 13; rule 17).

Representatives and corporations: For bodies corporate, the Rules specify the classes of persons authorised to represent the party at conciliation: a director, secretary, or other officer or employee authorised by the body corporate (rule 10(a)). For public sector bodies, an authorised public sector employee may represent the body (rule 10(b)). These prescriptions affect who must be made available to appear and who must provide appointment notifications to the Director (rule 11). The Rules do not purport to exhaust the wider statutory definition of "representative" under s 365(2) of the Act, which is cross‑referred (rule 10).

Self‑represented parties and small employers: The Rules make provision for persons who are "EDS exempt" , commonly self‑represented parties or uninsured employers , to lodge documents offline (rules 27 and 28). A person who is self‑represented and not an insurer or self‑insurer is EDS exempt in relation to a conciliation document (rule 27(1)(a)). The Director may also grant exemptions where use of the EDS would be unreasonable (rule 27(3)). These provisions materially affect small employers and workers without representation because they interact with the digital lodgement mandate (rule 26).

Insurers and self‑insurers: Insurers and self‑insurers are directly affected by the Rules’ documentary and timing requirements. If a conciliator issues an interim compensation direction, the direction must name the employer required to make payment and specify the types and periods of payments (rule 17(2)). The Rules also enable the conciliator to direct suspension or reduction of income compensation with prescribed content (rule 17(3)). Insurers will receive copies of applications and later documents (rule 8).

Conciliation Service staff and Director: The Director administers forms (rule 31), decides acceptance or rejection of applications (rule 7), may extend time limits (rule 15), may exempt persons from EDS requirements (rule 27(3)), and reviews conciliator costs decisions (rule 21). Conciliators have powers to conduct conferences, direct attendance, set procedural time limits, make interim directions and order costs within the constraints the Rules provide (rules 12-17, 20). These institutional actors must adopt systems to enforce the Rules, manage EDS access, and issue timely notices (rules 24-30).

Legal practitioners and advisers: Although the Rules specify authorised representatives for certain organisational parties (rule 10), they also require representatives to notify the Director within three working days of appointment or cessation (rule 11). Legal advisers acting for parties must ensure compliance with service and lodging requirements and with document deadlines established by the conciliator (rule 12).

Costs assessors and registrars: The Rules set out the admissible materials and procedural route for costs applications and assessments (rules 20, 22). Anyone seeking a costs determination must follow procedures cross‑referenced to the Workers Compensation and Injury Management Regulations 2024 reg 111 (rule 22(1)). This affects accountants, costs assessors and law practices involved in quantifying dispute costs.

In short, the Rules create routine obligations for all participants in the conciliation process, with specific operational effects on unrepresented parties, corporate representatives, insurers and the administrative machinery charged with conducting conciliation and administering the EDS.

The Rules create specific duties for applicants, parties, representatives, the Director and conciliators, and also define procedural rights. Below are the principal duties and rights, referenced to the Rules.

Applicant duties and rights:

• Duty to use Director approved form for applications (rule 5).
• Duty to lodge supporting documents that assist in discharging the onus under s 312(3) of the Act (rule 6(1)).
• Where seeking additional income compensation or increased medical/health limits, duty to file a financial statement and documentary evidence (rules 6(2)-(3)). Failure to do so risks rejection or weaker bargaining position in conciliation.
• Right to discontinue conciliation before it ends under s 319(1)(a)-(c) by giving the Director written notice in Director form (rule 9(1)-(2)). If discontinued, the conciliator may make costs orders (rule 9(4)).

Other parties’ duties and rights:

• Duty on the Director to provide copies of an accepted application and accompanying documents to each other party as soon as practicable (rule 8(1)). Parties who lodge documents after acceptance must have copies given to others (rule 8(2)).
• Right to be given written notice of conciliation conferences specifying date, time and place (rule 13(1)-(2)). Parties may attend in person or, with the conciliator’s agreement, electronically (rule 13(3)).

Representative duties and rights:

• Representatives authorised for bodies corporate and public sector bodies are identified (rule 10). Representatives must notify the Director of appointment either by lodging the first document they file or by lodging a notice within three working days (rule 11(1)). They must notify cessation within three working days (rule 11(2)). The Director must distribute such notifications to other parties (rule 11(3)).

Director duties and rights:

• Duty to accept or reject conciliation applications as soon as practicable (rule 7(2)). The Director must reject an application if the dispute was recently conciliated within the 56‑day exclusion period, or the application lacks sufficient particularity, or the applicant has not made reasonable attempts to resolve the dispute with other parties (rule 7(3)). The Director may also reject incomplete or non‑compliant applications (rule 7(4)). The Director must notify applicants of acceptance or rejection and reasons (rule 7(6)).
• Discretion to extend conciliation time limits on a conciliator’s request by up to a further 56 days, but cumulative extensions must not exceed 56 days (rules 15(2)-(3)). The Director must have regard to enumerated matters when deciding to extend (rule 15(4)).
• Power to exempt persons from EDS requirements if use of EDS would be unreasonable (rule 27(3)).
• Right to hold a review conference and to set aside, remake or remit decisions on costs reviews (rule 21(2)-(4)). A Director decision under rule 21 is a conciliation decision for the purposes of s 329 of the Act (rule 21(5)).

Conciliator duties and rights:

• Duty to give written notice of conferences, to manage time limits for documents, and to determine whether late documents may be relied on having regard to when the document was obtained (rule 12; rule 13).
• Duty to have regard to whether parties acted in good faith when considering directions under s 320 or s 323 of the Act (rule 17(1)).
• Duty to ensure interim compensation and suspension/reduction directions specify named parties, payment types, periods and schedule of amounts where applicable, and to give copies within three working days (rule 17(2)-(4)).
• Power to make costs orders, but only where statutory conditions in rule 20(3) are met. Conciliators may be directed by the Director to reconsider costs matters under rule 21(4)(c).

EDS and documentary duties:

• Duty to lodge conciliation documents using the EDS unless EDS exempt or EDS unavailable (rule 26(1)). Persons must comply with form and content requirements (rule 25). Alternative lodgement methods are provided where EDS is unavailable or the person is exempt, and the Director may set permissible email formats and sizes (rules 28 and 29).

Costs and assessment rights:

• Parties may apply to a conciliator for a costs order with a Director approved costs statement and evidence that reasonable attempts were made to agree with other parties (rule 20(1)-(2)). A party may apply for a review of the conciliator’s decision to the Director (rule 21(1)) and may apply for assessment of costs in accordance with the Regulations (rule 22).

Timing and service duties:

• Duty to lodge documents within time limits set by the Act or by the conciliator (rule 12(2)). A conciliation document is taken to be lodged according to rules on EDS accessibility and receipt timings (rule 29). The Director or conciliator’s service is effective when documents become accessible via EDS and electronic notification is sent, by post two business days earlier, or by email before 5pm that day (rule 30(2)).

These rules create enforceable obligations that determine admissibility of applications, the form and timing of documentary evidence, the procedural participation of parties and representatives, and the circumstances in which costs may be sought and assessed.

The Rules are procedural and focus on process rather than creating new criminal offences. They provide mechanisms for enforcement and consequences that attach to non‑compliance, and set out administratively enforceable actions and remedies.

Rejection and administrative consequences:

• The primary enforcement mechanism for non‑compliance at the application stage is rejection by the Director. The Director must accept or reject an application as soon as practicable (rule 7(2)). Mandatory rejection grounds include insufficient particularisation of issues, lack of reasonable attempts to resolve, or conciliation sought within the 56‑day exclusion period after a certificate of outcome (rule 7(3)). Discretionary rejection can follow incompleteness, incorrect lodgement contrary to Part 6 or non‑compliance with the Rules (rule 7(4)). Rejection prevents the dispute from proceeding to conciliation until corrected.

Costs orders and payment directions:

• Conciliators can make interim compensation directions or directions to suspend or reduce payments under the Act (see rule 17, which specifies form and content requirements for such directions). These directions are binding procedural instruments to which compliance obligations attach; failure to comply can lead to further action under the Act (the Rules cross‑refer to s 322 applications in rule 33, requiring at least 14 days since failure to pay under an interim direction before applying under s 322(1)).

• The conciliator may make costs orders where the statutory conditions are satisfied (rule 20(3)). A party dissatisfied with a conciliator’s costs decision may seek Director review (rule 21). The Director can set aside or remake a costs order or remit the matter. A Director decision under rule 21 is a conciliation decision for the purposes of s 329 of the Act (rule 21(5)), enabling any statutory review or appeal pathways tied to conciliation decisions in the Act.

Administrative directions and notice rules:

• The Rules require the Director or conciliator to issue notices and certificates within specified timeframes and in specified ways (rules 13, 16, 17(4)). Rules 29-30 establish when conciliation documents are taken to have been lodged and when notices or copies are taken to have been given. These deemed service rules operationalise enforcement by establishing triggers for time limits and obligations.

EDS compliance and sanctions by direction:

• The Rules require lodgement using the EDS unless a person is EDS exempt or the EDS is unavailable (rule 26). The Director or conciliator may at any time require a person who has lodged a document by EDS or by email to also lodge it in person or by post (rules 26(3), 28(6)). Failure to follow the Director’s direction could lead to administrative consequences, such as rejection or failure to have a document accepted for the purposes of the conciliation process.

Good faith and discretionary consideration:

• Rule 17(1) requires conciliators to consider whether parties acted in good faith when considering directions under s 320 or s 323 of the Act. Good faith is therefore a discretionary evaluative factor that can affect whether directions are issued or enforced.

No criminal penalties in the Rules:

• The Rules do not create criminal penalties or prescribe pecuniary fines within their text. The enforcement regime is administrative and procedural, using acceptance/rejection, directions, costs orders and the Director’s review powers to secure compliance. The Rules cross‑refer to statutory remedies in the Act (for example the s 322 application process in rule 33) where further enforcement measures may exist under the Act.

Practical enforcement implications:

• The Rules authorise administrative remedies that can be invoked by conciliators and the Director to secure compliance and to penalise procedural non‑compliance by adverse costs orders or refusal to proceed. The Rules also provide that copies and notices are deemed given in specific ways, fixing the point at which obligations to act or respond begin to run (rule 30). Parties who fail to follow the Rules risk rejection of their application, exclusion of late documents, adverse costs consequences and loss of procedural rights.

All enforcement and penalty processes in conciliation operate within the administrative and procedural frame set by these Rules and the underlying Act; the Rules do not, on their own, create criminal offences or fines.

The Rules operate as subordinate instruments implementing procedural aspects of the Workers Compensation and Injury Management Act 2023 and interact directly with that Act and cross‑referenced Regulations and statutes. The Rules explicitly rely on and incorporate statutory concepts from the Act and other legislation.

Cross‑references to the Act:

• The Rules are procedural rules for conciliation under the Act. Multiple provisions reference specific sections of the Act, tying the Rules to statutory thresholds and rights. For example, applications for conciliation are made under s 311 of the Act (rule 3 definition and rule 5). The Rules require supporting evidence to discharge the onus under s 312(3) of the Act (rule 6(1)). The Rules define a conciliator as one allocated a dispute under s 314 of the Act (rule 4). Time limits for conciliation are linked to s 319(1)(c) and the certificate of outcome to s 319(2) and s 319(3) of the Act (rules 15 and 16). Directions issued by conciliators are taken from s 320 and s 323 of the Act (rule 17). Costs decisions are conciliation decisions for the purposes of s 329 of the Act (rule 21(5)). The Rules therefore function as procedural elaboration of substantive statutory mechanisms.

Interaction with Regulations:

• Rule 22(1) cross‑refers to the Workers Compensation and Injury Management Regulations 2024 regulation 111 for the meaning of "assessment of costs" and requires applications for assessment of costs to comply with procedures in the Rules. The Rules therefore rely on the Regulations for detailed cost determination methodology, linking procedures to the regulatory cost schedule.

Reference to other statutes:

• Rule 10(b) refers to the Public Sector Management Act 1994 s 3(1) in defining "public sector body" for representative authorisation. This cross‑reference means that public sector employment and representation rules under that Act feed into who can represent public bodies in conciliation.

Electronic service and service law:

• Rules 26-30 create an EDS‑centric service structure and specify deemed times for lodging and notices. These rules operate in the administrative sphere but dovetail with statutory notions of "give" and "lodge" as defined in s 497(1) of the Act (rule 3). The Rules therefore align procedural service with the Act’s definitions.

Repeal of prior subordinate law:

• Rule 34 expressly repeals the Workers’ Compensation and Injury Management Conciliation Rules 2011. That repeal transfers procedural authority to the 2024 Rules for matters covered, and requires practitioners to follow the newer Rules and forms as approved under rule 31.

Limitations and delegation:

• The Rules furnish the Director with powers to approve forms, exempt persons from EDS, and extend time limits. These are delegated administrative powers that operate under the enabling Act. The Rules do not alter substantive statutory rights or override other statutory provisions; they prescribe procedure consistent with the Act.

Practical compliance intersections:

• The Rules require applicants to supply documents that assist in discharging statutory onuses, to meet timelines set by the Act and conciliators, and to follow EDS procedures unless exempt. Practitioners must therefore manage compliance with the Act, these Rules and the Regulations in tandem to preserve substantive and procedural rights.

In sum, the Rules do not stand alone; they are subordinate procedural instruments that specify how rights and obligations in the Workers Compensation and Injury Management Act 2023 and associated Regulations are to be operationalised in conciliation.

The Rules are a recent instrument. The Rules themselves contain a compilation table and commencement provisions which specify timing and their repeal of the prior 2011 Rules.

Commencement:

• Part 1 (preliminary matters) commenced on the day the Rules were published on the WA legislation website (rule 2(a)). The remainder of the Rules commenced on 1 July 2024 (rule 2(b)). The compilation table in the Notes records publication as SL 2024/79 on 22 May 2024 and confirms Pt 1 commenced 22 May 2024 while the rest commenced on 1 July 2024.

Repeal:

• The Rules repeal the Workers’ Compensation and Injury Management Conciliation Rules 2011 (rule 34). The repeal is express and transfers the conciliation procedural framework to the 2024 Rules.

Forms and Director approvals:

• Rule 31 authorises the Director to approve forms for use in conciliation proceedings under Part 6 of the Act. That administrative power means the precise wording of many procedural forms can be changed by the Director without formal amendment of the Rules, subject to any statutory constraints. Practitioners should monitor the Director’s published forms as these enact the Rules’ procedural details.

Adjustable delegations:

• The Director can exempt persons from the EDS requirement (rule 27(3)), and can specify email format and size requirements where EDS is unavailable (rule 28(4)). These are administrative powers exercisable without formal amendment of the Rules but which change operational practice.

Interdependence with Regulations:

• The Rules refer to the Workers Compensation and Injury Management Regulations 2024 regulation 111 for the definition of "assessment of costs" and for cost determination methodology (rule 18 and rule 22(1)-(2)). Any amendment to those Regulations could alter how the Rules operate in relation to cost assessments. The Rules therefore expect coordination with any future regulatory amendments affecting cost determinations.

Practical implications of the timing:

• The staged commencement creates a transition window in which the Director approved forms and EDS arrangements must be in place for the substantive parts of the Rules to function from 1 July 2024. The Director’s administrative actions (approving forms, configuring EDS, publishing email requirements) effectively amend the Rules’ operational content without changing the instrument.

No subsequent amendments recorded in the instrument:

• The compiled Rules as provided contain no later amendments or revisions beyond the repeal of the 2011 Rules and the stated commencement dates. The compilation notes that the instrument is SL 2024/79; any subsequent statutory instrument amending these Rules would appear in the WA legislation compilation. Practitioners must consult the current online compilation for updates.

In practice, the Rules combine fixed legal provisions with delegated administrative controls that permit the Director to adjust form and EDS requirements. Any amendment to the underlying Act or the Regulations could require corresponding procedural changes in forms or the Rules, so ongoing monitoring of subordinate instruments and Director publications is necessary.

The Rules themselves do not contain or record any litigation history. The instrument is procedural and new as of 2024; the compilation does not list judicial decisions or appeals concerning their operation. The absence of litigation history in the Rules means below observations are limited to likely points of dispute arising from the Rules’ text rather than any recorded case law.

Potential sources of disputes arising under these Rules (text‑based observations):

• Acceptance/rejection decisions by the Director (rule 7): The Director must reject in specified mandatory circumstances and may reject for incompleteness or non‑compliance. Disputes may arise where applicants contend that the Director improperly rejected an application as insufficiently particularised or improperly concluded that reasonable attempts to resolve had not been made. Rule 7(6) requires the Director to give reasons for rejection, which becomes the administrative record for any subsequent review under the Act.

• EDS exemptions and administrative discretion (rules 26-28): The Director’s power to exempt individuals from electronic lodgement (rule 27(3)) and to require duplicate lodgement (rules 26(3) and 28(6)) creates discretionary administrative decisions. Disagreements may centre on whether the Director properly exercised discretion to require EDS use, or whether EDS unavailability actually occurred. Rule 30 governs deemed service and accessibility; disputes may arise about whether electronic notification was effectively sent or whether a person was EDS exempt at the relevant time.

• Costs orders and Director reviews (rules 20-21): Conciliator costs decisions can be reviewed by the Director (rule 21). Disputes may focus on whether the conciliator properly applied rule 20(3) conditions (that a dispute was resolved by conciliation, subsequently resolved by agreement after conciliation ended, or will not be subject to arbitration). Rule 21(3) lists materials the Director may consider in review; whether the Director complied with procedural fairness could be contested.

• Time limit extensions (rule 15): The Director may extend the 56‑day conciliation period by further periods up to a cumulative total of 56 days on the conciliator’s request. Parties may challenge extensions as unreasonable if they consider the Director failed to have regard to the enumerated factors in rule 15(4).

• Directions as to payments (rule 17) and enforcement under s 322 (rule 33): Conciliator directions to make interim payments (rule 17(2)) and suspension/reduction directions (rule 17(3)) can be operationally significant. Rule 33(1) requires an application under s 322(1) of the Act not be made unless at least 14 days have elapsed since the employer failed to make a payment required by an interim compensation direction. Disputes could arise over timing and compliance with s 322 procedures under the Act.

Absence of reported cases in the Rules:

• Because the Rules do not include case citations and no litigation history is set out, there is no adjudicated authority at the time of the Rules’ compilation that interprets or tests their provisions in court. That absence increases legal uncertainty on novel procedural points until administrative practice or judicial decisions provide interpretive guidance.

Practical recommendation:

• Where a party anticipates contentious points , acceptance/rejection, EDS exemption, costs orders, time extensions or enforcement of directions , the Rules themselves require certain procedural steps (providing reasons, having regard to enumerated matters). Parties should preserve administrative records, seek written reasons when exercises of discretion occur, and use the Director review mechanism under rule 21 where cost orders are contested. Any judicial challenge would depend on statutory appeal rights in the Act and the administrative law remedies available more generally.

Because the Rules are new and procedural, future litigation will be a primary source of interpretive guidance; until then, parties must rely on the text and the Director’s published forms and guidance.

The Rules contain a number of practical traps and procedural pitfalls that can affect the admissibility of applications and the efficacy of a party’s case. The following points are drawn from the Rules’ text and identify where routine non‑compliance or misunderstanding can carry material consequences.

EDS mandatory lodgement with narrow exemptions (rules 26-27):

• The default rule requires lodging conciliation documents using the EDS (rule 26(1)). EDS exemptions are narrowly defined: the person must be self‑represented, a party to the dispute and not an insurer or self‑insurer, or be otherwise exempted by the Director (rule 27(1)(a)-(b), rule 27(3)). Parties who assume email lodging suffices risk rejection if they are not EDS exempt and the EDS is available. The Director may at any time require EDS lodgement even where a document was lodged by email or in person (rules 26(3), 28(6)).

Time limits and extension mechanics (rule 15):

• Conciliation expires 56 days after acceptance (rule 15(1)). The Director can extend on request by up to a further 56 days, but cumulative extensions cannot exceed 56 days (rule 15(2)-(3)(a)). Critically, extension requests must be made before the current time limit expires (rule 15(3)(b)). Parties may lose the right to extend if requests are late. The Director must have regard to enumerated factors (rule 15(4)), and if a conciliator defers action under s 367(2) of the Act, the period of deferral is disregarded in calculating the time limit (rule 15(5)).

Strict supporting documentation for certain monetary claims (rule 6):

• Applications seeking additional income compensation or increases in medical/health expense limits must include a financial statement and documentary evidence (rules 6(2)-(3)). Failure to include these may leave the applicant unable to establish the required onus under s 312(3) of the Act and could prompt rejection under rule 7 for insufficient particularisation or incompleteness.

Director’s rejection powers and required reasons (rule 7):

• The Director must accept or reject as soon as practicable and must give reasons for rejection (rule 7(2) and (6)). Rejection can follow on grounds that the dispute was previously conciliated within the 56‑day exclusion period (rule 7(3)(a)), or that reasonable attempts to resolve have not been made (rule 7(3)(c)). Applicants who fail to supply details of prior settlement attempts risk rejection.

Representation notice rules (rule 11):

• Representatives must notify the Director by lodging the first document or a notice within three working days (rule 11(1)). Ceasing representatives must notify within three working days (rule 11(2)). Failure to notify can complicate service and participation at conferences.

Late documents and discretionary exclusion (rule 12):

• Documents not lodged within time limits set by the Act or the conciliator may be relied on only at the conciliator’s discretion, having regard to when the document was first obtained (rule 12(3)). Parties who submit documents late without justification risk their evidence being excluded.

Costs orders limited to certain outcomes (rule 20):

• A conciliator may make a costs order only if the dispute was resolved by conciliation, resolved after conciliation by agreement, or will not proceed to arbitration (rule 20(3)). Parties seeking costs for failed conciliations where none of those conditions apply will be unsuccessful. Evidence requirements for cost applications are strict (rule 20(2)(a)-(c)).

Deemed service and timing traps (rules 29-30):

• A document lodged via EDS is taken to be lodged on the working day it becomes accessible before 5pm, or the next working day (rule 29(a)). Notices are taken to have been given when they become accessible via EDS with electronic notification before 5pm, by post two business days earlier, or by email before 5pm (rule 30(2)). Parties relying on email service must ensure notifications are sent to the email address provided and before 5pm to be effective on that day.

Interim compensation enforcement (rule 17 and rule 33):

• A conciliator’s interim compensation direction must be in writing and include specified details (rule 17(2)). If an employer fails to comply, rule 33(1) requires at least 14 days to have elapsed since failure before an application under s 322(1) of the Act may be made. Parties must track payment dates carefully.

Director’s power to require duplicate lodgement (rules 26(3), 28(6)):

• Even where a document is lodged by EDS or email, the Director or conciliator may require duplicate hard copy or postal lodgement. Practitioners should be prepared to produce physical copies on short notice.

Forms and Director approvals (rule 31):

• Many procedural steps require use of Director approved forms. These forms may change administratively without formal amendment to the Rules. Relying on an outdated or incorrect form can lead to rejection.

In short, the main operational gotchas arise from tight timing, strict documentary requirements for certain types of monetary relief, narrow EDS exemptions and the Director’s gatekeeping functions. Parties should adopt processes to ensure EDS compliance, timely requests for extensions, early submission of required financial documentation and prompt appointment/cessation notices for representatives.

This section sets out a practical compliance checklist, mapped to the Rules, for parties, representatives, insurers and practitioners who are handling conciliation under the Act. The checklist follows the Rules’ sequence: application, lodgement, participation, procedural timelines, costs, and post‑conciliation steps.

1. Use Director approved forms

• Prepare the application for conciliation using the Director approved form (rule 5). For other conciliation documents use the Director approved forms where one exists (rule 25(a), rule 31). Monitor the Director’s published forms.

2. Assemble supporting documentation at lodgement

• Include any document in your possession or control that assists in discharging the onus under s 312(3) of the Act (rule 6(1)). If claiming additional income compensation or increases to medical/health expense limits, prepare a written financial statement and attach documentary evidence (rules 6(2)-(3)). Attach any other relevant documents to the application (rule 6(4)).

3. Lodgement via EDS unless exempt

• Lodge conciliation documents using the EDS unless you are EDS exempt or the EDS is unavailable (rule 26(1)). Confirm whether you are EDS exempt: self‑represented party who is a party and not an insurer or self‑insurer, or otherwise exempted by the Director (rule 27(1)). Consider lodging early to avoid EDS outages and retain proof of EDS accessibility timestamps.

4. If EDS unavailable or exempt follow alternative lodgement rules

• If EDS is unavailable or you are EDS exempt, lodge at the Conciliation Service office while open, by pre‑paid post or by email to the address provided by the Conciliation Service when the office is open (rule 28(2)). Ensure any email includes sender’s name, email address, telephone contact, description of the document and a list if multiple documents are sent (rule 28(3)). Comply with any Director published format/size requirements (rule 28(4)-(5)).

5. Ensure completeness to avoid Director rejection

• Before lodging, check that the application sufficiently particularises the substantive issues and that reasonable attempts to resolve the dispute with other parties have been made; the Director must reject applications lacking those elements (rule 7(3)(b)-(c)). Avoid incomplete lodgement or failure to comply with Part 6 to prevent rejection under rule 7(4).

6. Keep records and anticipate distribution

• After acceptance, the Director will provide copies of the application and accompanying documents to other parties (rule 8(1)); any documents lodged after acceptance will be distributed to other parties (rule 8(2)). Retain copies and track distributions.

7. Representative appointment and cessation notifications

• If a representative is appointed, either lodge the first document the representative files or lodge a notice of appointment within three working days (rule 11(1)). If a representative ceases, notify the Director within three working days (rule 11(2)). Ensure the Director has up‑to‑date contact and email addresses for service.

8. Observe time limits and request extensions early

• Lodge any documents relied on within time limits fixed by the Act or a conciliator (rule 12(2)). If you need more time, request an extension before expiry because the Director will only accept extension requests made before the current time limit expires (rule 15(3)(b)). Prepare submissions addressing the Director’s considerations for extension (rule 15(4)).

9. Prepare for conciliation conferences

• Expect written notice from the conciliator specifying date, time and place (rule 13(1)-(2)). If you intend to participate electronically, obtain the conciliator’s agreement before the conference (rule 13(3)(b)). Obtain appropriate authority documentation if a corporate officer will represent the employer (rule 10).

10. Submit late documents only with justification

• If a document was obtained late, record precisely when it was obtained because a conciliator will consider the timing when deciding whether to admit the document (rule 12(3)).

11. Costs applications and assessment

• If seeking a costs order, prepare a Director approved costs statement detailing claimed costs, evidence of reasonable attempts to agree with other parties, and copies of supporting documents (rule 20(2)(a)-(c)). Remember a conciliator may only order costs in the circumstances described in rule 20(3). For assessment of costs follow the requirements of rule 22 and reference the Regulations reg 111.

12. Manage payment directions and enforcement timing

• If the conciliator issues an interim compensation direction or a suspension/reduction direction, ensure the direction’s content requirements are satisfied (rule 17(2)-(3)). If payments are missed, note that an application under s 322(1) must not be made until at least 14 days have elapsed since failure to pay (rule 33(1)).

13. Maintain electronic contact details and check EDS notices

• Provide and maintain an email address to receive electronic notifications, and monitor the EDS for accessibility of notices and documents. Rule 30 prescribes when a notice is taken to have been given; timely action depends on knowing when notices were accessible.

14. Preserve administrative records and request reasons

• If the Director rejects an application or exercises discretion, obtain written reasons (rule 7(6)). Keep records of all interactions with the Director and conciliator, particularly where discretionary decisions or extension requests are involved.

15. Prepare for Director review where necessary

• If a conciliator makes or refuses a costs order and you disagree, apply to the Director for review under rule 21 and prepare for a possible Director conference. Provide any material that was before the conciliator and any other evidence that will bear on the Director’s review (rule 21(3)).

16. Use the Director’s forms and stay updated

• Regularly check the Director’s approved forms and any published email or EDS specifications (rules 31 and 28(4)). Administrative changes to forms may affect compliance.

Following this checklist will reduce the risk of procedural rejection, exclusion of documents, adverse costs orders and service disputes. Compliance requires coordination between parties, prompt lodging, careful record keeping and early communication with the Conciliation Service about EDS or accessibility issues.