ACTIn ForceRegulation
Workers Compensation Regulation 2002
42Parties must make genuine effort to agree
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42 Parties must make genuine effort to agree
At conciliation, the parties must make a genuine effort to reach an
agreement that allows injury management to continue for the injured
43 Medical referee and conciliation
(1) With the agreement of the parties to the conciliation, the conciliator
may ask a medical referee to prepare a report to help the parties to
reach agreement.
Note Section 14 (Medical referee to review medical evidence etc) sets out what
a medical referee must do for a conciliation and s 15 (Medical referee’s
report) states what a medical referee’s report for a conciliation must
contain.
(2) The medical referee must give a copy of the report to the conciliator.
(3) The conciliator must give a copy of the report to each party.
44 Decision or recommendation by conciliator
(1) The conciliator may, at any time, decide that a matter in issue arising
from the worker’s claim for compensation is not suitable for
resolution by conciliation.
(2) If agreement is reached on a matter in issue between the parties to the
conciliation, the parties must, with the help of the conciliator, record
the agreement in writing.
Section 45
page 18 Workers Compensation Regulation 2002
(3) If a matter in issue between the parties remains unresolved at the end
of the conciliation, the conciliator may make a recommendation about
the matter.
(4) The written details document mentioned in section 40 (1), evidence
given during a conciliation, or anything said or done during
conciliation, must not be admitted in evidence at an arbitration.
(5) However, any recommendation by the conciliator under
subsection (3) may be admitted in evidence at an arbitration.