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| September 2007 |
Dispute Resolution Directorate
DRD E-Link
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Welcome
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Welcome to the Dispute Resolution Directorate's (DRD) first e-newsletter, DRD E-Link. Many of our stakeholders advised us that that they would like to see the DRD provide a regular newsletter, so we have developed this communication to meet that request. The E-Link will feature articles, news, notes on practice and procedure, and other useful information to help us work more effectively together.
We welcome your feedback on the newsletter, so please email any suggestions and comments to us at DRDinfo@workcover.wa.gov.au We look forward to hearing from you.
Su Lloyd
Director
DRD
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Commissioner's Decisions
The Acting Commissioner handed down 10 appeal decisions in June/July. These decisions can be viewed here. Please note, you need to register with WorkCover WA before you can view the Commissioner's decisions. Simply follow the instructions on the linked page to register. Please allow 24 hours for your registration to be processed before attempting to access the database.
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Feature Article: Form 15C - Memorandum Of Agreement
If you or your staff are new to the process of registering a Form 15C - Memorandum of Agreement (Agreement), then the DRD can assist you.
The DRD has a Checklist for Memoranda of Agreement and section 92(f) Deeds on the WorkCover WA website to help you complete these forms.
The Agreement is a prescribed form that must be accurately completed for an agreement to be registered. All Agreements are subject to a rigorous review process before they can be registered. After the insurer or their solicitors have filed an Agreement, it is given to the Level 1 Agreements Officer to be entered into our system. The data entry includes input into the Memorandum of Agreement module of case management, completing the worksheet and collating an agreement file.
The file is given to the Level 2 Agreements Officer for first level compliance checking. This includes ensuring that all sections have been completed, the form is signed and documents have been attached. Any concerns regarding the Agreement will be noted on a file note and placed on the file.
The Level 4 Senior Agreements Officer conducts a second level compliance check and actions any concerns in relation to the Agreement. The compliance check includes ensuring that the agreement is made in accordance with the Workers' Compensation and Injury Management Act 1981 (the Act), and that any reports filed include all necessary information.
If the Agreement is compliant, a Form 15A - Notice of Memorandum Having Been Received is sent to the parties. If after seven days, in accordance with section 76(2) of the Act, there is no objection to the Agreement, it is registered and a Form 15B - Notice of Recording of Memorandum of Agreement will be sent to the parties.
The above process complies with section 76 of the Act and Regulation 12 of the Workers' Compensation and Injury Management Regulations 1982. Section 76(6) of the Act states that Agreements must be examined as to their "genuineness" and with regard to "the adequacy of the amount of any compensation". Consequently, the compliance checks we conduct are required under the Act.
You can view a copy of the DRD's Checklist for Memoranda of Agreement and section 92(f) Deeds here.
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Practice News
The Court of Appeal handed down its decision in Sotico v Wilson [2007] WASCA 112 on 25 May 2007. The decision can be read here.
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Practice And Procedure
Common Law Applications Post 14 November 2005
When submitting a Form 35 - Application to Extend the Termination Day, please provide an actual date (e.g. 30/08/07) that the claim for compensation by way of weekly payments was made on the employer under the heading "Injury Details".
Entering "N/A" or just the month the claim was made is insufficient, as the Termination Day for the worker's injury must be calculated using this date.
Failing to enter a specific date under this heading causes unnecessary delays, as applications cannot be processed without this information.
Thank you for your cooperation.
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| Dates For The Diary |
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16 and 17 October 2007
WorkCover WA Injury Management Conference
The nation's most respected experts in the injury management field will join international speakers at the WorkCover WA Injury Management Conference - Working together…a better future on 16 and 17 October. Online registration is now open at www.imcwa2007.com.au
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25 September 2007
IFAP Injury Management Forum - IFAP Supports Injury Management
The Forum will provide a practical snapshot of the workers' compensation system, the link between workers compensation and injury management, and will walk delegates through each of the agencies/providers involved in the system
The forum will be held in conjunction with IFAP's Safety2007 Conference and Exhibition at the Sheraton Perth Hotel. For more information or to register contact IFAP on 9431 6285 or visit www.ifap.asn.au
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Legal Lunch
Join us for lunch during the WorkCover WA Injury Management Conference 2007 to hear renowned international speakers Professors Marius Olivier and Rob Guthrie.
Don't miss out on this opportunity!
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Tuesday 16 October |
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Burswood Entertainment Complex Grand Ballroom 1 |
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12 - 1.30 pm |
Designed specifically for lawyers and professionals working throughout the legal field, this lunchtime event will be a valuable learning and networking opportunity.
Professor Olivier is the Director of the Centre for International and Comparative Labour and Social Security Law at the University of Johannesburg. Professor Olivier will share his knowledge on the exclusion of employment injury and disease protection to non-traditional workers, the reasons for this, and the innovative approaches being applied internationally to extending this coverage.
He will be joined by Professor Rob Guthrie, who will discuss the issue of stress claims and exclusion provisions. A renowned and engaging speaker, Rob Guthrie is the professor of workers' compensation and workplace law at Curtin University. He has over 25 years experience in the legal field, having been admitted to practice as a barrister and solicitor in 1982
Those delegates registering for the two day conference will have the cost of the luncheon included in their ticket. For delegates who choose only to come to the luncheon event, tickets are priced at $80.
The conference is being held in the Grand Ballroom at the Burswood Entertainment Complex. For more information, or to register for the legal lunchtime presentation, visit www.imcwa2007.com.au.
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News
| The DRD's Registry team recently visited the District Court Registry. The purpose of the visit was to compare the registry practices and procedures of the DRD with those employed by the Registry of the District Court. This initiative was undertaken with a view to possibly adopting some practices and procedures of the District Court Registry in order to improve the efficiency and performance of the DRD Registry. The visit provided staff with a valuable learning opportunity and highlighted a number of potential improvements that can be made to the DRD Registry's procedures. |
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WorkCover WA Staff Profile
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Nikki Rozells |
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Registry Team Leader, DRD |
| Tell us briefly about your role in the DRD: |
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I supervise the Registry Team, which includes civil matters, agreements and document services. I also review impairment reports, liaise with internal and external stakeholders and continue to work on streamlining, developing and improving registry procedures. |
| What attracted you to working in Workers' Compensation? |
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I completed a psychology degree at Edith Cowan University, so dispute resolution seemed like a natural extension and application of my studies! |
| How long have you worked in the DRD? |
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I started in 2000, but left after a year and a half to work at the Office of Health Review. I couldn't stay away for long though, as I came back to the DRD in 2004 and have been here ever since. So all up, I've been here for five years on and off! |
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| What is your favourite thing about working at WorkCover WA and in the DRD? |
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The variety of interesting people I work with and meet through my job. The work is always varied and challenging, a great example being the work we did after the legislative reform in 2005. |
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| What is the most challenging thing about your job? |
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I'd say on a daily basis, the challenge is finding workable solutions to complex problems involving lots of different personalities. |
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| Favourite Quote/Saying: |
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Just because you can do something doesn't mean you should! |
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