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Workers Compensation Regulation 2002
45Who pays for conciliation?
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45 Who pays for conciliation?
(1) The insurer must meet all costs and disbursements of, and incidental
to, the conciliation.
(2) If a party is represented at conciliation by a representative (including
a lawyer), the conciliator may allow the representative to claim from
the insurer reasonable costs and disbursements of, and incidental to,
the conciliation.
47 Protocol about conciliation
(1) The Minister may approve a protocol about—
(a) the administration of conciliations; or
(b) costs and disbursements of, and incidental to, conciliations,
including maximum amounts conciliators may allow under
section 45 (Who pays for conciliation?); or
(c) the giving of information to the Minister by conciliators or other
people about conciliations in a way that maintains the
confidentiality of conciliations.
(2) An approved protocol is a notifiable instrument.
Arbitration Part 7
Section 48
48 When may application for arbitration be filed?
(1) An injured worker or the worker’s employer may file an application
for the arbitration of—
(a) a matter in issue arising from the worker’s claim for
compensation; or
(b) the insurer’s rejection of the worker’s claim for compensation.
(2) However, if the injured worker and the employer must participate in
a conciliation under section 38, the application for arbitration may be
filed only if—
(a) the parties have attended the conciliation; and
(b) either—
(i) the matter was not resolved at the conciliation; or
(ii) the conciliator decided that the matter was not suitable for
conciliation.