42Parties must make genuine effort to agree

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.