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About Us
What does the Accident Compensation Conciliation Service do?
The Accident Compensation Conciliation Service helps resolve workers compensation disputes in Victoria between workers and employers or WorkCover agents using the principles of Alternative Dispute Resolution. Requests for conciliation are usually brought to the Conciliation Service by the worker. In most disputes, conciliation is a compulsory step before taking proceedings in the court system.
The Conciliation Service is an independent organisation that has been established under the Accident Compensation Act 1985.
What is Conciliation?
Conciliation helps resolve disputes by sharing information, identifying issues in disputes, discussing them and trying to reach an agreement. It is fair, informal and quick and is a free service.
Under guidelines of the Minister for WorkCover, conciliation should:
- assist the parties to achieve durable resolutions and agreements wherever possible;
- be even handed and fair, and address matters on their merits;
- maximise flexibility and informality;
- facilitate early return to work opportunities;
- enhance on-going worker/employer employment relationships;
- be prompt and timely in the conduct of conciliation processes and in dealings with the parties;
- reduce cost implications for the parties and the scheme and ensure that matters do not unnecessarily proceed to the Courts.
Most workers compensation disputes are resolved through conciliation, rather than court action.
What Do Conciliation Officers Do?
The process of conciliation is conducted by independent Conciliation Officers, who work under the Minister’s Guidelines and a Code of Conduct and Protocols developed by the Conciliation Service. Conciliation Officers:
- understand the WorkCover system and how it relates to the interests of workers, employers, WorkCover agents and self-insurers.
- ensure that all parties have a fair say at conference, and will encourage them to listen to other points of view and to search for ways to reach agreement.
- help the parties to discuss the issues in dispute by asking questions designed to help exchange information; develop and examine options for resolution; and record the outcome.
- do not judge or decide the merits of a case; they help the parties to find a satisfactory outcome to their dispute.
- have to be satisfied that the person making the claim has taken all reasonable steps to settle the dispute through conciliation before the matter can be taken to court.
- are supported in their duties by administrative staff who assist in obtaining relevant reports and information and exchanging them between the parties.
Conciliation Officers try to bring the parties to an agreement. If agreement cannot be reached, they can recommend a solution, or, in certain circumstances, direct that weekly payments or medical expenses be paid. They can also refer a dispute to the Medical Panels for a conclusive opinion, or issue a certificate allowing the parties to proceed to court.
What is a Conciliation conference?
Some disputes can be resolved without a conciliation conference. However, in most disputes a conference is held, where the parties fully discuss all issues relating to the dispute and attempt to reach a resolution. The parties are encouraged to put their views to each other, and to develop ways to resolve the dispute themselves.
Conferences are held in private meeting rooms, either at the Conciliation Service offices in Melbourne or in community centres or municipal offices in regional areas.
Legislation
The Accident Compensation Conciliation Service is established under the Accident Compensation Act 1985 (.pdf, links to Victorian Law Today download page). Copies of the Act can also be purchased from Information Victoria (1300 366 356).
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