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June 2009
Editor: Mark Sputore
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DRD E-Link |
Welcome
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Welcome to the eleventh edition of the DRD e-link!
It has been an eventful two months in the DRD, a highlight being the presentation during May and June, of three advocacy seminars for legal practitioners and registered agents. A full report appears later in this edition.
An important appeal decision has been delivered by Judge McCann this month – Inghams Enterprises Pty Ltd v Gashaw Beyene C14 of 2009, on costs.
As always, we welcome your feedback on the newsletter, so please email any suggestions or comments to us at DRDinfo@workcover.wa.gov.au
We look forward to hearing from you.
Su Lloyd
Director
Dispute Resolution Directorate
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Practice News
Supreme Court Appeals
There were no Supreme Court appeal judgements, arising from appeals of decisions in this jurisdiction, handed down in April or May.
Advocacy Seminars
The first of three seminars on advocacy in the DRD was held on 12 May 2009. Over 200 legal practitioners and registered agents gathered at the Perth Concert Hall.
Opened by the Chief Justice of Western Australia, Wayne Martin, and introduced by the DRD's Commissioner, Judge Philip McCann of the District Court, the scene was set for an excellent and informative series of presentations.
A case study was developed by Judge McCann and Arbitrator Melville which was a focus throughout the seminars, with the occasional "curve ball" thrown in by means of a witness statement, a medical report or two, and some surveillance evidence.
Participants were also treated to presentations by senior members of the legal profession and the Judiciary, including their Honours Justice Kenneth Martin of the Supreme Court and Judge Felicity Davis of the District Court, Geoff Hancy and Jeremy Curthoys of Francis Burt Chambers and Brian Nugawela of John Toohey Chambers.
Each session focused on a different element of advocacy, the first considering the role of an advocate, ethical issues, and the development of a case strategy. Session 2 focused on advice on evidence and witness statements, and the rules of evidence including expert evidence. The final session considered the key elements of the hearing – opening the case, leading evidence in chief, cross-examination and submissions, followed by a review of the previous sessions.
Each session was very well supported and WorkCover has received very enthusiastic feedback. We are presently completing an evaluation of attendees' feedback, and will publish the results in the next edition of the E-newsletter.
We are extremely fortunate to have received such dedicated and committed support from senior members of the Judiciary and the Bar, and we appreciate their generosity in sharing their knowledge and skills with DRD advocates.
The DRD is planning ongoing initiatives in relation to professional development for all stakeholders.
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| Judge McCann, Commissioner of the DRD |
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Shane Melville, Arbitrator |
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| Brian Nugawela, John Toohey Chambers |
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Alexander Library, Perth |
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News
DRD Staff Appointments and Departures
The DRD has recently appointed a new staff member on a 6-month contract:
Jon Frankish – Senior Business Analyst
Jon will be working on business process and systems improvements in the DRD. We would like to extend a warm welcome to Jon and wish him all the best in his new role.
The DRD recently farewelled two staff members:
Mark Sputore – Legal Officer; and
Nikki Rozells – Coordinator, Registry.
Mark is relocating to the USA and Nikki will pursue new career opportunities in the occupational health sector.
The DRD would like to take this opportunity to thank both Nikki and Mark for their invaluable contributions to the work of the DRD, and to wish them well in their new endeavours.
Client Survey
The DRD recently distributed a client survey to approximately 1900 stakeholders who have been involved in the dispute resolution process over the last 12 months. Information gleaned from the survey is used to report on our Key Performance Indicator, which is included in WorkCover WA's Annual Report.
The Technical Support Team has already begun collating the responses received thus far. The Australian Bureau of Statistics have once again been contracted to provide statistical analysis and a report on the findings.
In the meantime, please accept our continuing invitation to provide us with your feedback on our service, which can be emailed to us at DRDinfo@workcover.wa.gov.au
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Dates For Your Diary
Please check our Calendar of Events for full listings of all
WorkCover WA related events. |
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Wednesday, 26 August 2009
Registered Agents Meeting
3:30pm
WorkCover WA Hearing Room 1
2 Bedbrook Place, Shenton Park
Please contact Jo-Ann Drew by email at
jo-ann.drew@workcover.wa.gov.au
to confirm your attendance, submit agenda items or register an apology.
Tuesday, 21 July 2009 to Wednesday, 22 July 2009
OHS Supervisor Training
8:30am – 4:30pm
Training Services Australia
3/79 Beaufort Street
Mt Lawley WA 6050
This workshop is designed to assist Frontline Managers develop the skills and knowledge to meet legislative requirements and ensure a safe workplace by implementing and monitoring the organisation's Occupational Health and Safety policies, procedures and programs in their own work areas.
Please contact Matthew Trott
Training Services Australia
08 9473 1900
www.tsa-wa.com.au
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Friday, 26 June 2009
Free Information Seminar for Workers
1:30pm – 4:00pm
Piney Lakes Environmental Centre
Leah Highway, Winthrop
(between Riseley Street and Murdoch Drive)
This two and half-hour session covers workers' entitlements, the claims process, legislation relating to workers' compensation, and responsibilities of parties in the system.
The session also explains the injury management process, the role of approved vocational rehabilitation providers and the services they offer. There is no charge for this seminar.
For full overview of the seminar click here: Injured Workers Seminar Outline
The session is run on behalf of WorkCover WA by IFAP, an non-government, not-for-profit, member bases organisation which provides services to improve safety and health at work.
Call IFAP on 9333 9945 to book your place.
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Commissioner's Decisions
The Commissioner handed down 6 decisions during April and May:
View Resources Pty Ltd v Keith Douglas Gourley C9-2009
Keywords - Application for weekly payments; Alleged type (a) injury; Whether an accident occurred; Arbitrator's consideration of the evidence; Expert opinions; Rule in Pollock v Wellington; Adequacy of arbitrator's reasons for decision;
Sections - s189; s213(3); s213(3)(b); s213(4); Rule 58; Rule 63;
Catch Phrases - Accident;
Margaret Roney v Accommodation West Pty Ltd C10-2009
Keywords - Discontinuance of weekly payments; Admissibility of medical evidence based on video surveillance; Rule in Pollock v Wellington; Adequacy of evidence; Adequacy of arbitrator's reasons;
Sections - s61(1); s62; s146R; s188(2)(a); s188(2)(b); s188(3); cl 7(2);
Catch Phrases - Discontinuance of weekly payments; Video surveillance;
Fremantle Hospital v June Caroline Owens C11-2009
Keywords - Weekly earnings; Interpretation of cl 11 and cl 16; Meaning of the relevant industrial award in Amount A and Amount Aa;
Sections - s18; s21; s247(2)(a)(i)(II); s247(6); cl 7; cl 7(1); cl 11; cl 11(2); cl 11(3); cl 12; cl 13; cl 14; cl 15; cl 16; cl 16(1);
Catch Phrases - The relevant industrial award; Amount A; Amount Aa; Weekly earnings;
Antonio Suero v Georgiou Group Pty Ltd C12-2009
Keywords - Application for leave to appeal against arbitrator's refusal to vacate hearing dates; Discretionary factors; Turns on own facts;
Sections - s5(1); s186; s187(1); s190(1); s247; s247(1); s247(2); s247(2)(b); Rule 28; Rule 64;
Catch Phrases - Significant prejudice;
SDR Australia Pty Ltd v Mile Nedic C13-2009
Keywords - Weekly payments and weekly earnings; Possible novus actus; Onus of proof;
Sections - cl 7(1); cl 7(2); cl 11; cl 11(2); cl 11(3); s18; s21; s62;
Catch Phrases - Weekly earnings; Novus actus; Onus of proof; Appropriate classification;
Inghams Enterprises Pty Ltd v Gashaw Beyene C14-2009
Keywords - Costs; Commissioner's jurisdiction in respect of costs orders; Application of Part XI of the Act to Part XV; Construction of Column A of the 2005 and 2007 Costs Determinations; Whether such construction is ultra vires the Act; Requirement for arbitrator to give reasons for a costs order or assessment; Adequacy of arbitrator's reasons;
Sections - WC&IM Act 1981; s5(1); s58; s72A; s93D; s158C; s158D; s176; s181; s181; s183; s186; s187; s188; s190(1); s193; s194; s198; s200; s204; s213; s219; s227; s246; s247; s251; s254; s261; s262; s264; s265; s268; s269; s271; s274; s292; s293; WC (LP&RA) Costs Determ 2005; cl 3(1); cl 7; cl 8; cl 9; cl 10; cl 11; WC (LP&RA) Costs Determ 2007; cl 6; cl 7; cl 8; cl 9; WC&IM Regs 1982; cl 18C; cl 18D; cl 18E; cl 18F; cl 18J; WC Reform Act 2004; WC (DRD) Rules 2005; Rule 99; Rule 100; Legal Practice Act 2003; s210(2); s240(3); Legal Profession Act 2008; s275; s630(1); Interpretation Act 1984; s19; s44(1);
Catch Phrases - Assessment of costs; Award; By whom, to whom and to what extent costs are to be paid; Column A; Column B; Costs determination; Decision; Decision in respect of the dispute under Part XI; Decision of an arbitrator or anything done under this Act; Dispute; Dispute or matter; Fix a cost; Fixed; Fixed amount; Fixed maximum; Fixing; Fixing maximum costs; In connection with; In respect of; Maximum costs; Milestone;
Please take the time to review these decisions as they may be relevant to your proceedings before the DRD. All decisions of the Commissioner can be viewed on the
WorkCover WA website.
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Practice And Procedure: Helpful Tips
Note: References to the "Act" are to the Workers' Compensation and Injury Management Act 1981, unless otherwise stated.
All references to the "Regulation(s)" refer to the Workers' Compensation and Injury Management Regulations 1982.
All references to the "Rule(s)" refer to the Workers' Compensation (DRD) Rules 2005.
The following information is intended as a guide only.
It should not be regarded as a substitute for independent legal advice.
Rule 91
The DRD has been advised by the Royal Australian College of Surgeons that Orthopaedic Surgeons and Orthopaedic Physicians are regarded as two separate specialised areas. Please make note of this when considering compliance issues in relation to Rule 91.
Common Law – Claim Date
Please note that a worker's termination date is calculated from the date a claim for compensation is made on the employer, rather than the date of injury.
Costs
Please take the time to carefully review the Commissioner's recent decision in
Inghams Enterprises Pty Ltd v Gashaw Beyene C14-2009
(listed above), as it is an important case with regards to cost implications for matters heard in the DRD.
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WorkCover WA Staff Profile
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Sue Bates |
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Administrative Support Officer |
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| Tell us briefly about your role in the DRD: |
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I work in Registry, in Document Services. I process many of the documents that are filed with the DRD and check for compliance. |
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| What attracted you to working in workers' compensation? |
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I wanted to work in an interesting and varied environment where I could utilise my customer service skills. |
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| How long have you worked in the DRD? |
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8 years. |
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| What is your favourite thing about working at WorkCover WA and in the DRD? |
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I enjoy the variety of work and the very friendly and entertaining people I work with. |
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| What is the most challenging thing about your job? |
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There are always new experiences and something to learn everyday. |
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| Favourite Quote/Saying: |
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"In the fullness of time..."
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