The Workers Rehabilitation & Compensation Tribunal
Annual Report
2014-2015
Table of Contents
1Overview
2Activities 2014-2015
3Tribunal Accommodation
4Referrals to the Tribunal 2014-2015
5Initial Disputes – Section 81A Referrals/ Section 77AB Referrals
6Conciliation Process
7Arbitrated Hearings
8Total Referrals Finalised in 2014/2015 regardless of Lodgement Year
9Approval of Settlements – Section 132A(4) Referrals
10Injury Management, Rehabilitation and Return to Work
11Appeals to the Supreme Court of Tasmania
12Review of Legislation
13Report on Financial Statement
14Intent for 2015-2016
15Members of Tribunal & Staff
1
1Overview
The Tribunal is constituted by the Chief Commissioner, a Commissioner or a Part-Time Commissioner. Presently the Tribunal has one Commissioner in addition to the Chief Commissioner.
Both the Chief Commissioner and Commissioner fulfil the requirements of the Act in that they are legal practitioners of not less than 5 years standing. Both are appointed, full-time, on contracts.
The functions of the Tribunal are as follows:
- To determine all claims for compensation referred to it under the Act.
- To determine such other matters as are referred to it under the Act.
- To exercise the powers conferred and the duties imposed on it in the Act.
- To hear and determine any appeal referred to it under the Workers (Occupational Diseases) Relief Fund Act 1954.
1.1Summary of Human Resources
The following table provides a summary of the number of Full Time Equivalent staff employed by the Tribunalas at 30 June each year.
30 June 2015 Actual / 30 June 2015Budget
Full Time Equivalent Staff / 7.5 / 7.5
2Activities 2014-2015
The Tribunal Case Management System (CRMS) implemented in July 2012 has provided a more efficient method of case management and has resulted in the ability to provide accurate statistical information in a less labour intensive manner.
The Tribunal continued to carry out work for other Department of Justice Outputs. In total the Tribunal received $145,476.00 (as compared to $139,038.00 for 2013-2014) for work carried out during 2014-2015 in respect of:
2.1Magistrates Court - Coroners
Duties performed in this regard by the Chief Commissioner and Commissioner together with support staff are reimbursed to the Tribunal in accordance with a Service Level Agreement completed in December 2010. This Agreement will be reviewed during the 2015-2016 year as part of a process to formalise the colocation and common staff and running expenses of the Tribunal with Health Practitioners Tribunal, Anti-Discrimination Tribunal, Motor Accidents Compensation Tribunal and Asbestos Compensation Tribunal.
In March 2015 the Chief Commissioner tendered his resignation as a Victims of Crime Commissioner.
2.2Motor Accidents Compensation Tribunal
Arrangements continue with the Magistrates Court to the effect that the Workers Rehabilitation & Compensation Tribunal is in effect the Motor Accidents Compensation Tribunal. Services provided by the Tribunal Members ie the Chief Commissioner and Commissioner are reimbursed in accordance with the Service Level Agreement completed in December 2010. This Agreement will be reviewed as detailed above.
2.3Health Practitioners Tribunal
The Workers Rehabilitation & Compensation Tribunal incorporates the Health Practitioners Tribunal. This Tribunal has been established to hear and determine disciplinary matters and reviews of decisions under the Health Practitioner Regulation National Law (Tasmania) 2010. The Chairperson ( Mr S Carey Chief Commissioner of the Workers Rehabilitation and Compensation Tribunal ), has the power to appoint professional and community Members.
Work performed by the Chairperson and Deputy Chairperson together with support staff is reimbursed by the Australian Health Practitioners Regulation Authority in accordance with a Service Level Agreement with the Department of Justice completed in December 2011.
2.4Asbestos Compensation Tribunal
The Workers Rehabilitation & Compensation Tribunal incorporates the Asbestos Compensation Tribunal. This Tribunal has been established under the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011, with its primary responsibility to determine all disputes relating to referrals made pursuant to that legislation.
Work performed by the Chief Commissioner and Commissioner together with support staff is reimbursed by the Department of Justice in accordance with the Service Level Agreement completed in December 2011.
3Tribunal Accommodation
In November 2013 the Tribunal Registry re-located to Level 7, NAB House, 86 Collins Street, Hobart. It consists of two hearing rooms, two conciliation rooms and 2 meeting rooms
In Launceston the Tribunal occupied premises on the corner of Brisbane and St Johns Streets consisting of a hearing room, conference room, meeting rooms and an office for Tribunal staff use. In August 2015 the Tribunal relocated to new and improved premises at 1/111 St John Street Launceston. Tribunal staff are based in Hobart and travel as required to the North and North West of the State.
There are video conference facilities at the premises in Hobart and Launceston.
The Tribunal utilises the Devonport Community Health Centre in the North West and incurs a room hire fee in this regard on an approximately monthly basis.
The Tribunal continues to use a conference room located at Workplace Standards Tasmania offices at Reece House in Burnie. In particular these premises, together with the video conference facility they provide are used in respect of section 81A referrals in order to relieve parties of the obligation to travel from Launceston or Hobart in order to attend such hearings. Investigations were made to source another location on the North West Coast for Video conferenceappearances as Workplace Standards will be unable to offer this service in the near future. This led to a trial of a changed procedure to have all s81A matters heard by telephone throughout the State. If this process is confirmed it will minimise travel requirements of the Tribunal and allow more effective and efficient use of Tribunal hearing time.
4Referrals to the Tribunal 2014-2015
4.1Summary of Referrals (by Nature of Referral) received in 2014-2015
NATURE OF REFERRAL / FINANCIAL YEAR2013-14 / 2014-15
132A(4) - Referral for Settlement Approval / 119 / 121
143P / 3
77AB - Employers Liability for Expenses less than $5000/Liability not accepted / 7 / 6
90C - Disagreements About Medical Reviews / 3 / 2
S127 - Order or Judgement against Nominal Insurer / 1
S138AB(3) - New Act (2010) Election to Claim Damages / 1 / 3
S138AB-Election to Claim Damages / 9 / 5
S143 - Injury Management Notifications / 13 / 8
S3(6) Referral to Tribunal re Date of Injury
S42-Reference of Claims for Compensation to the Tribunal / 190 / 144
S60A-Application for Interim Orders / 15 / 20
S67-Amount of compensation in case of death / 1
S67F-Dispute of liability in respect of death of worker / 2 / 3
S69-Amount of Compensation in case of incapacity / 1 / 3
S71-Compensation for Permanent Impairment / 71 / 67
S77AA-Dispute regarding non-payment of expenses / 28 / 55
S77-Dispute regarding medical or rehabilitation services / 19 / 21
S81A(5)-Dispute liability to continue to pay compensation / 17 / 17
S81A-Dispute liability for weekly payments and other benefits / 593 / 573
S85(5) - Dispute about medical Examination - Section Repealed 1/7/10
S86(4)-Worker disputing termination or reduction of payment by an Employer / 57 / 73
S87 - Application for Tribunal to consider weekly payments beyond age 65 / 7 / 10
S88 - Application to review weekly payments / 136 / 132
S89 - Section repealed 1/7/10
S97A - Disputes Between Insurers / 5 / 1
Total / 1295 / 1286
4.2Total Referral Numbers by Year
Financial year
2010-11 / 2011-12 / 2012-13 / 2013-14 / 2014-15772 / 948 / 1160 / 1295 / 1286
4.3Initial Dispute rate (section 81A) in respect of the Tasmanian Workers Compensation Scheme
Year / Total Number of Workers Compensation Claims / Number of s81A referrals / Percentage2010/2011 / 9813 / 412 / 4.20%
2011/2012 / 9298 / 443 / 4.76%
2012/2013 / 8406 / 515 / 6.13%
2013/2014 / 7857 / 593 / 7.55%
2014/2015 / 7756 / 573 / 6.92%
Note: The initial disputation rate has decreased in the last financial year
4.4Number of s81A referrals followed by the lodgement of a s42 referral
The Tribunal received 573section 81A referrals in 2014/2015. Of those 573 referrals 60(approximately 10%) went on to file s42 referrals and to commence the conciliation process in respect of their disputed claim. This is a decrease from the 2013/2014 percentage of 17%.
5Initial Disputes – Section 81A Referrals/ Section 77AB Referrals
Referral Section / 2010-11 / 2011-12 / 2012-13 / 2013-14 / 2014-1577AB - Employers Liability for Expenses less than $5000/Liability not accepted / 5 / 5 / 5 / 7 / 6
S81A-Dispute liability for weekly payments and other benefits / 416 / 443 / 515 / 593 / 573
Total / 421 / 448 / 520 / 600 / 579
5.1Finalisations of s81A and s77AB Referrals
How Section 81A and Section 77AB Referrals Were finalisedIn Progress as at 30 June 2014 / 13
No Reasonably Arguable Case / 6
Consent Reasonably Arguable Case / 319
Discontinued / 15
Reasonably Arguable Case / 226
Total / 579
5.2Average days for the Resolution of a s81A or s77AB Referral.
Number / Average Days to FinalisationNo Reasonably Arguable Case / 6 / 32
Consent Reasonably Arguable Case / 319 / 13
Discontinued / 15 / 19
Reasonably Arguable Case / 230 / 18
Average Days Regardless of Resolution Type / 16
5.3Nature of Injury in respect of s81A and s77AB Referrals
Section 81A and Section 77AB Referrals By Nature of InjuryPsychological / 247
Shoulder / 57
Neck / 21
Back / 58
Knee / 31
Hand/Wrist / 40
Arm / 17
Other / 108
6Conciliation Process
All matters referred to the Tribunal with the exception of referrals pursuant to section 81A, 67F,132A and 60A must follow the conciliation process.
The conciliation process consists of two phases. The preliminary stage is a tele-conference with the parties during which:
- The issues in dispute are identified
- Parties agree to time frames in which any necessary investigations such as medical or factual are to be undertaken.
- Discuss the claim in general in order to obtain concessions where appropriate in respect of any facts, law or procedure
- Ensure the matter is progressing in an expeditious manner to conciliation if an agreement is unable to be reached in this preliminary phase.
Once it is determined and agreed by all parties that they have completed any necessary investigations the matter will proceed to the conciliation conference. This is a face to face meeting of all parties to the reference. Discussions are on a “without prejudice” basis and parties are required to attend and participate in a conciliatory manner.
If a claim remains unresolved at the conclusion of a conciliation conference the Conciliator will certify the matter ready to progress to an arbitrated hearing.
6.1Non section 81A/77AB Referral numbers
Referrals other than Initial Dispute Referrals
2010-11 / 2011-12 / 2012-13 / 2013-14 / 2014-15351 / 500 / 640 / 795 / 707
6.2Referrals by Nature of Injury for Referrals other than s81A or s77AB
Referrals by nature of injury (other than section 81A/77AB)Psychological / 108
Shoulder / 82
Neck / 53
Back / 128
Knee / 31
Hand/Wrist / 26
Arm/Elbow / 26
Unspecified / 82
Other / 171
6.3Average Days to finalisation for matters resolved in Conciliation
Average Days to Resolution for Referrals Resolved in Conciliation (Referrals lodged and Finalised in 2014/2015)
Referral Type / Number / Average Days to Resolve90C - Disagreements About Medical Reviews / 1 / 31
S138AB-Election to Claim Damages / 1 / 131
S143 - Injury Management Notifications / 4 / 178
S42-Reference of Claims for Compensation to the Tribunal / 72 / 118
S69-Amount of Compensation in case of incapacity / 3 / 50
S71-Compensation for Permanent Impairment / 46 / 117
S77AA-Dispute regarding non-payment of expenses / 31 / 170
S77-Dispute regarding medical or rehabilitation services / 11 / 114
S81A(5)-Dispute liability to continue to pay compensation / 6 / 153
S86(4)-Worker disputing termination or reduction of payment by an Employer / 42 / 141
S87 - Application for Tribunal to consider weekly payments beyond age 65 / 3 / 118
S88 - Application to review weekly payments / 70 / 141
S97A - Disputes Between Insurers / 1 / 16
Total / 316 / 121
It should be noted when considering the above tables that in many respects the time frame in which a matter can be resolved during either the preliminary or face to face process is outside of the
Tribunal’s control in that many delays can be by one party or both in providing medical evidence. This is by no means a criticism of the parties but on many occasions can be outside of their control due to the delay in obtaining appointments and reports with treating or independent doctors/specialists. There is also a developing practice of expanding negotiation upon a dispute before the Tribunal in order to consider a settlement of the claim for compensation in its entirety.
6.4Average Days to First Listing(Hearing or Tele-conference)– All Types of Referrals
Referral Type / Average Days to First listing77AB - Employers Liability for Expenses less than $5000/Liability not accepted / 10
90C - Disagreements About Medical Reviews / 21
S138AB(3) - New Act (2010) Election to Claim Damages / 11
S138AB-Election to Claim Damages / 13
S42-Reference of Claims for Compensation to the Tribunal / 21
S60A-Application for Interim Orders / 9
S67F-Dispute of liability in respect of death of worker / 5
S69-Amount of Compensation in case of incapacity / 23
S71-Compensation for Permanent Impairment / 23
S77AA-Dispute regarding non-payment of expenses / 40
S77-Dispute regarding medical or rehabilitation services / 23
S81A(5)-Dispute liability to continue to pay compensation / 18
S81A-Dispute liability for weekly payments and other benefits / 9
S86(4)-Worker disputing termination or reduction of payment by an Employer / 38
S87 - Application for Tribunal to consider weekly payments beyond age 65 / 13
S88 - Application to review weekly payments / 21
S97A - Disputes Between Insurers / 15
Overall Average / 15
When considering the information in the above table it should be noted where there are instances of a higher average number of days to first listing there could be a number of reasons for this including:
- The Tribunal has an existing referral which is listed at a future date and the parties request that they be dealt with together.
- Parties request an adjournment of the initial listing to a date in the future.
7Arbitrated Hearings
An arbitrated hearing is held before the Chief Commissioner or Commissioner sitting alone.
The Tribunal is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks fit and the proceedings shall be conducted with as little formality and technicality and with as much expedition as the requirements of the Act and a proper consideration of matters to be resolved permit.
However this does not displace the obligation to afford procedural fairness to the parties and ensure that the principles of natural justice are upheld.
Although the initial intent of the framers of the Act may have been to have an informal and non-adversarial system, the harsh realities are that many workers compensation matters involve complicated determinations of law, findings of fact (sometimes in circumstances where disputed facts are aggressively contested) and the weighting of expert medical opinion. Given the significant value of the entitlements which are the subject of workers compensation disputes, the parties not surprisingly require determinations which are transparent and in accordance with the law. The Tribunal hearings therefore remain more akin to an adversarial model rather than inquisitorial, but the Tribunal can be expected to be less formal and more flexible in relation to proceedings and the adducing of evidence than a court of law. However applications or endeavours to stray from the generally accepted rules of evidence or procedure are likely to be closely scrutinised where there is a prospect that the other party will be prejudiced or where justice would be unlikely to be served by such request.
All determinations of the Tribunal (except for those in respect of section 81A references where determinations are made at the time of the hearing in most cases) are in writing and are published on
7.1Matters Resolved at Arbitrated Hearings in 2014/2015
The time frame in which a matter can be resolved by way of hearing is outside of the Tribunal’s control in that from time of lodgement a matter must follow the conciliation process during which many delays can occur for example the delay by one party or both in providing medical evidence. This is by no means a criticism of the parties but on many occasions can be outside of their control due to the delay in obtaining appointments and reports with treating or independent doctors/specialists. Delays can also occur in respect to the availability of parties and witnesses.
Matters Resolved at Arbitrated Hearings Regardless of Lodgement Date / Total81A No Reasonably Arguable Case / 7
Reasonably Arguable Case / 220
Resolved After Hearing - Applicant Unsuccessful / 8
Resolved After Hearing Applicant Successful / 6
Resolved After Hearing Commences / 4
Resolved After Notice of Hearing / 16
8Total Referrals Finalised in 2014/2015 regardless of Lodgement Year
The Tribunal finalised 1245 referrals in the 2014/2015 financial year regardless of their year of lodgement. Of the 1265 referrals 954 were matters lodged within the 2014/2015 financial year with the remaining 291 being referrals lodged in prior years.
Finalisation Period / 2014-20151 Month / 727
1-3 months / 134
3-6 months / 157
6-9 months / 93
9-12 months / 62
Over 12 months / 81
Total / 1245
9Approval of Settlements – Section 132A(4) Referrals
Amendments to the Workers Rehabilitation & Compensation Act 1988 which came into effect on 1 July 2010 place restrictions on claims being settled in exchange for lump sums by agreement within 2 years of injury. The Tribunal must approve such a settlement. The Tribunal is required to take into account whether all reasonable steps have been taken to enable the worker to be rehabilitated, that the worker has received independent financial and/or legal advice paid for by the employer, that the settlement is in the best interests of the worker, that any section 71 entitlement has been considered or that special circumstances apply.
In the 2014/15 year the Tribunal received 121s132A(4) referrals. 115 have been approved and 6 are still in progress. The average number of days to resolve a reference of this nature is 9. In the majority of cases the time to resolve is considerably less howevera number of the referrals received required further information prior to approval resulted in delays by the parties and an increase therefore in the average time to resolve.
Of the 121 s132A(4) referrals 43% (52) had s81A referrals and findings of a Reasonably Arguable Case and therefore liability remained in dispute between the parties.
Section 132A Referrals lodged in 2014/2015 by Nature of InjuryPsychological / 35
Back / 22
Shoulder / 13
Knee / 6
Neck / 9
Other / 36
10Injury Management, Rehabilitation and Return to Work
The Tribunal is now able to assist parties where disputes in relation to rehabilitation occur. Workers, employers, insurers or injury management co-ordinators may refer disputes to the Tribunal for informal conciliation. This service will be provided in a prompt manner. If the conciliator is unable to resolve the issue it will be referred to a Commissioner for consideration at an early stage which will assist in ensuring that rehabilitation efforts remain in place.
There has been a decrease in the number of notifications in this respect from 13 in 2013/2014 to 8 in 2014/2015. Those notifications have resulted in clarification of the issues and ultimately resolution of the notification or in the minority progression to a section 42 referral for determination by the Tribunal.
11Appeals to the Supreme Court of Tasmania
Any party aggrieved by any determination, order, ruling or direction of the Tribunal on a point of law may appeal to the Supreme Court of Tasmania.
In 2014/15, 4 Appeals were filed in the Supreme Court of Tasmania.
The below table indicates their progress.
Appeal Outcome / Matter CountUnresolved / 2
Dismissed / 2
12Review of Legislation
The Chief Commissioner is a member of the Legislative Review Advisory Committee established to provide advice to the WorkCover Tasmania Board.
13Report on Financial Statement
Operating ExpenditureSalary Related Expenditure / Budget / Actual / Variance
51101 Salaries and Wages / 940,514 / 644,310 / 296,204
51104 Salary Allowances / 0 / 385 / (385)
51105 Higher Duty Allowance / 0 / 6,088 / (6,088)
51106 Annual Leave / 0 / 584 / (584)
51108 Lump Sum Terminations / 0 / 42,837 / (42,837)
51111 Super - Accumulated / 117,574 / 71,221 / 46,353
51112 Super - Defined / 0 / 38,155 / (38,155)
51113 Super - Gap / 0 / 3,959 / (3,959)
51117 Sick Leave / 0 / 822 / (822)
51119 Parental Leave Pay / 0 / 11,539 / (11,539)
51199 Other Salaries and Wages / (104,649) / 0 / (104,649)
51201 Fringe Benefits Tax / 20,000 / 20,196 / (196)
51205 Training / 5,000 / 1,383 / 3,617
Total Salary Related Expenditure / 978,439 / 841,477 / 136,962
Non Salary Expenditure
52203 IT (Computer) Hardware < $10000 / 2,000 / 0 / 2,000
52204 Software and Licences / 1,000 / 138 / 862
52206 Computer Leases / 0 / 824 / (824)
52209 Mobile Devices / 5,000 / 3,425 / 1,575
52216 TMD Unified Communications / 0 / 59 / (59)
52217 Email / 800 / 834 / (34)
52299 Other Computers / IT / 46,000 / 23,182 / 22,818
52311 Plant and Equipment Maintenance / 1,500 / 489 / 1,011
52313 Office Equipment <$10,000 / 10,000 / 1,527 / 8,473
52315 Other Equipment <$10,000 / 2,000 / 490 / 1,510
52317 Equipment Rental / 4,000 / 300 / 3,700
52331 Office Requisites / 7,000 / 4,123 / 2,877
52341 Subscriptions, Newspapers and Magazines / 4,000 / 816 / 3,184
52342 Publications / 500 / 0 / 500
52343 Recruitment Notices and Materials / 0 / 48 / (48)
52344 Other Printing/Binding / 2,500 / 2,887 / (387)
52347 Monographs / 200 / 0 / 200
52401 Interstate Airfares / 2,500 / 0 / 2,500
52402 Meal Allowance - Interstate / 14,000 / 9,676 / 4,324
52403 Accommodation Allowance - Intrastate / 2,000 / 1,980 / 20
52405 Part Day Travel - Meal Allowance / 350 / 0 / 350
52406 Interstate Actual Travel Costs (Hotels etc) / 13,000 / 9,987 / 3,013
52408 Interstate Car Hire and Taxis / 2,100 / 584 / 1,516
52413 Motor Vehicle Leases / 24,000 / 25,208 / (1,208)
52414 Motor Vehicle Maintenance & Registration / 4,200 / 3,414 / 786
52415 Motor Vehicle Petrol, Oils & Lubricants / 10,000 / 8,044 / 1,956
52418 Incidental Expenses (Overnight Stay) / 2,000 / 1,444 / 556
52504 Rent of Premises / 207,000 / 187,215 / 19,785
52505 Hire of Storage Facilities / 3,500 / 3,415 / 85
52507 Security / 1,500 / 1,029 / 471
52508 Contract Cleaners / 12,000 / 13,320 / (1,320)
52509 Building and Other Property Maintenance / 5,000 / 245 / 4,755
52510 Electrical Maintenance / 1,000 / 321 / 679
52512 Electricity / 15,000 / 4,778 / 10,222
52514 Car Parking / 6,000 / 5,559 / 441
52518 Rubbish Removal / 500 / 57 / 443
52721 TasGovt Card - Unallocated Expenses / 500 / (64) / 564
52722 External Audit Fees / 4,000 / 0 / 4,000
52740 Penalty Interest Payments / 0 / 900 / (900)
52831 Postage and Freight / 10,000 / 7,367 / 2,633
52832 Voice (VOIP) – Calls and usage charges / 15,000 / 14,033 / 967
52834 Other Communications / 1,500 / 2,070 / (570)
52851 General Office Food Supplies / 1,500 / 854 / 646
52855 Translation and Interpretation Services / 3,000 / 118 / 2,882
52856 Transcripts / 1,000 / 5,659 / (4,659)
52857 Occupational Health and Safety / 1,000 / 0 / 1,000
52858 Seminars and Conferences / 2,000 / 591 / 1,409
52859 Memberships and Affiliations / 750 / 985 / (235)
52861 Miscellaneous - Internal / 0 / 28,522 / (28,522)
52866 Meeting Room Hire / 2,500 / 2,410 / 90
52879 Panel Sitting Fees / 0 / 1,600 / (1,600)
52881 Workers' Compensation Insurance Premiums / 14,000 / 17,452 / (3,452)
52899 Medical Reports / 0 / 4,940 / (4,940)
52905 Other Legal Consultants Fees / 15,000 / 4,351 / 10,649
Total Non Salary Expenditure / 483,900 / 407,207 / 76,693
Total Operating Expenditure / 1,462,339 / 1,266,360 / 195,979
Total Expenditure
2010/2011 / $1,239,475
2011/2012 / $1,279,719
2012/2013 / $1,222,156
2013/2014 / $1,384,017
2014/2015 / $1,266,360
14Intent for 2015-2016