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Workplace Injury Rehabilitation and Compensation Act 2013
301ZAppeal to Supreme Court
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301Z Appeal to Supreme Court
(1) A party to a dispute may appeal on a question of law from a determination of the dispute by ACCS to the Trial Division of the Supreme Court with leave of the Trial Division.
(2) An application for leave to appeal to the Trial Division of the Supreme Court must be made—
(a) within 28 days after the day of the determination of ACCS, unless the rules of the Supreme Court otherwise provide; and
(b) in accordance with the rules of the Supreme Court.
(3) On the hearing of an appeal by the Supreme Court, the Court may—
(a) make any order the Court thinks fit; and
(b) by order confirm, vary or revoke a determination of ACCS.
S. 301ZA inserted by No. 15/2021 s. 35.
301ZA Ministerial guidelines for arbitrations
(1) The Minister may make guidelines in accordance with section 611 as to the procedures of ACCS for the purposes of—
(a) ensuring procedural fairness in the conduct of arbitration hearings; and
(b) facilitating the proper administration of ACCS for arbitration hearings.
(2) Without limiting subsection (1), the Minister may make guidelines in relation to—
(a) the organisation of ACCS for the purposes of conducting arbitration hearings; and
(b) records to be kept by ACCS in relation to arbitration hearings; and
(c) reasons for which extensions of time may be granted under section 301P; and
(d) the assessment of costs in arbitration hearings, other than any costs fixed by the Minister under section 301W(4); and
(e) any other relevant matters determined by the Minister.
S. 301ZB inserted by No. 15/2021 s. 35.
301ZB ACCS policies and procedures for arbitrations
(1) Subject to this Division, ACCS may make its own arrangements for the conduct of arbitrations and any related matters but must do so in accordance with any Ministerial guidelines made under section 301ZA.
(2) ACCS must ensure that any policies and procedures developed by ACCS in relation to the conduct of arbitrations are published on a Government Internet website.
Pt 6 Div. 2 Subdiv. 5 (Heading and ss 301ZC, 301ZD) inserted by No. 27/2025 s. 25.
Subdivision 5—Resolution by agreement of parties to dispute
S. 301ZC inserted by No. 27/2025 s. 25.
301ZC Certification of agreement for resolution of dispute
(1) At any time before a dispute that has been referred to arbitration has been determined under Subdivision 4 or referred for further conciliation, the parties to the dispute may request ACCS to certify an agreement reached between the parties as to the resolution of the dispute.
(2) Within 7 days of receiving a request under subsection (1), ACCS must issue a certificate to certify that the parties to the agreement have resolved the dispute by consent.
(3) A resolution certificate must—
(b) be provided to the claimant and the employer and the Authority or self‑insurer; and
(c) certify that each party to the dispute is bound by the agreement; and
(d) state that the resolution certificate is evidence of the resolution of the dispute between the parties.
(4) The resolution certificate is admissible in any court proceeding as evidence of the resolution of the dispute between the parties.
S. 301ZD inserted by No. 27/2025 s. 25.
301ZD Costs
(1) If an agreement certified by ACCS under this Subdivision does not include an agreement as to liability for the costs of the parties to the dispute, ACCS may award the claimant in the dispute costs in accordance with the amounts fixed by the Minister under section 301W(4).
(2) If an agreement certified by ACCS under this Subdivision includes an agreement as to liability for the costs of the parties to the dispute calculated in accordance with the amounts fixed by the Minister under section 301W(4), ACCS may award the claimant in the dispute the amount specified in the agreement.
(3) An amount awarded to a claimant under this section must be paid—
(b) if the other party to the dispute is a self‑insurer—by the self-insurer.
Division 3—Medical Panels