45Who pays for conciliation?

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.