Conciliation can seem confusing and stressful - but it is much easier if you understand the process.

When you are injured at work, you can make a no-fault WorkCover claim. If liability for your claim is accepted, the insurer is then responsible for paying your reasonable medical expenses and in certain circumstances, weekly payments of compensation. However, sometimes the insurer may refuse to accept your claim in the first place. Alternatively, you may have an accepted claim, but the insurer has refused to pay for certain expenses or weekly payments which you believe you are entitled to.

If your WorkCover insurer makes a decision in writing that you disagree with or fails to respond to a request within 28 days, you can dispute the decision by seeking to try and resolve the dispute at an informal meeting. This meeting is referred to as Conciliation.

The Workplace Injury Rehabilitation and Compensation Act (the law which covers work injury claims in Victoria) states that the first step in resolving the dispute is to go to conciliation at the Workplace Injury Commission (WIC). Conciliation does not cost you any money and is presided over by a Conciliator whose job it is to bring the parties together for discussions, but who has very limited powers to make decisions without the consent of the parties.

In order to arrange a Conciliation meeting, you must lodge an Application for Conciliation with the Workplace Injury Commission (WIC). The form must be lodged within 60 days of the date of the insurer's decision, although extensions are possible in some circumstances.

The WIC will request information from your treating doctors in preparation for the Conciliation meeting. They will also arrange a time for you to meet with one of their representatives, together with a representative from the insurer, yourself and occasionally a representative from the employer.

While lawyers typically do not attend conciliations, you can organise for WorkCover Assist, or, if you are a union member, your union representative or Union Assist, to attend the conciliation with you. There is no charge for these services.

Conciliation Challenges

At the conciliation, various outcomes are possible:

• The insurer may accept your claim or expense. Excellent!
• The insurer may offer a compromise for a limited period. Be aware that if you accept the compromise, you are permanently prevented from claiming further payments or expenses. It is recommended you seek legal advice before accepting a limited offer
• If there is a medical dispute, the matter may be referred to the Medical Panel. A Medical Panel opinion is binding so it is strongly advised you seek legal advice before going to the Medical Panel
• If the matter cannot be resolved at conciliation, the conciliator will certify that dispute has not been resolved despite reasonable steps taken. The conciliator will issue a Genuine Dispute Certificate. You may now make an application with the Worker’s Compensation Independent Review Service (WCIRS) within 30 days of the date of a Genuine Dispute Certificate (GD) is issued, a referral to Arbitration in certain matters (a referral to arbitration must be made within 60 days of a Certificate of Genuine Dispute (GD) and is an alternative for going to court, or bring proceedings in the Magistrates Court if you wish to take the matter further.
• A Conciliation Officer may issue a Direction to the insurer/employer to make specified payments of weekly payments and/or medical and like expenses or to release certain information
• If a direction has been made to make weekly payments, the conciliation officer can direct the insurer/employer to pay reasonable costs for medical and like expenses during the period specified in the weekly payments direction. 

If the dispute relates to liability for payment of medical and like expenses, a direction can be given to pay the reasonable costs of medical and expenses up to $5,000.If you are required to take a day off work to attend the conciliation, you are entitled to be compensated by WorkSafe Victoria for your reasonable transport costs up to $75 (as of 1 July 2024, indexed annually), and your loss of income up to $517 per day (as of 1 July 2024, indexed annually). You are only entitled to compensation for loss of income if you take a day of leave from work without pay, rather than paid sick leave, annual leave or weekly payments. A Payslip is required which confirms total time lost (in hours) on the day of the conference and must have lost income as a result of attending the conference.

If you or someone you know have been injured at work, please contact a member of our team of legal experts on (03) 9321 9988 or submit an online enquiry to receive advice on your potential entitlements.