Workers Compensation and Injury Management Arbitration Rules 2024 (WA)

Western Australia Workers Compensation and Injury Management Act 2023 Workers Compensation and Injury Management Arbitration Rules 2024 Western Australia Workers Compensation and Injury Management Arbitration Rules 2024 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 4. References to party and dispute 1 Part 2 — General procedural matters 5. Registrar must accept or reject document 1 6. Variation or revocation of Registrar's decision to reject document 1 7. Party who lodges document must give copy of sealed document to each other party 1 8. Relief from procedural requirements 1 9. Time limits 1 10. Order to obey requirement of rules 1 Part 3 — Arbitration applications Division 1 — Time limits for lodging general applications 11. Time limit for lodging general applications 1 12. Registrar may extend time for lodging general application 1 13. Lodging amended general applications 1 Division 2 — Documents to accompany arbitration applications 14. Application of this Division 1 15. Information to be included in arbitration applications 1 16. Documents to be lodged with arbitration applications 1 17. Additional documents to be lodged in certain arbitration applications 1 18. Reply to arbitration application 1 19. Documents to be lodged with reply 1 20. Procedure if party does not reply 1 Division 3 — Documents lodged out of time 21. Documents lodged out of time 1 Part 4 — Representation 22. Representation 1 23. Notice of representation 1 24. Litigation guardians 1 Part 5 — Joinder of parties 25. Arbitrator may give leave to join another party 1 26. Notice of joinder 1 27. Reply by person joined 1 Part 6 — Documents, things and information 28. Duty of disclosure 1 29. Disclosure without order 1 30. Orders relating to disclosure 1 31. Orders under Act s. 341 or rule 30 1 32. Request for order to produce documents (Act s. 341) 1 33. Continuing obligation to disclose or produce documents 1 Part 7 — Witnesses 34. Summonses 1 35. Statements 1 36. Medical evidence 1 37. Medical reports 1 Part 8 — Proceedings before an arbitrator Division 1 — General proceedings 38. Consent orders 1 39. Party may discontinue proceeding 1 40. Attendance at proceedings held in private 1 41. Arbitrator must not interview individual parties or witnesses 1 42. Statement of agreed facts and issues 1 43. Directions hearing 1 Division 2 — Interlocutory applications 44. Interlocutory applications 1 45. Reply to interlocutory applications 1 Division 3 — Arbitration hearings 46. Notice of arbitration hearing 1 47. Adjournment of arbitration hearing 1 48. Application for adjournment 1 49. Late application for adjournment 1 50. Application may be dismissed or determined if adjournment not granted 1 51. Index and record of documents 1 Part 9 — Costs Division 1 — Preliminary 52. Terms used 1 53. Reference to costs determination 1 Division 2 — Costs orders 54. Order as to costs 1 55. Submissions on application for costs order 1 56. Costs and expenses connected with assessing disputed degree of permanent whole of person impairment (Act s. 79(6)) 1 Division 3 — Assessment of costs 57. Application for assessment of costs 1 Part 10 — Lodging arbitration documents 58. Terms used 1 59. Giving or lodging documents with Registrar or arbitrator 1 60. Form of arbitration documents 1 61. Requirement to lodge arbitration documents using EDS 1 62. EDS exempt 1 63. Lodging arbitration documents if EDS unavailable or person EDS exempt 1 64. When arbitration document is taken to have been lodged 1 65. When Registrar or arbitrator is taken to have given notice or copy of document in relation to arbitration document 1 Part 11 — Giving documents 66. Giving documents generally 1 67. Address for receiving documents 1 68. Giving documents personally 1 69. Giving documents by email 1 70. When document is taken to have been given by pre‑paid post 1 71. When document is taken to have been given by email 1 72. Giving documents by alternative means 1 73. Requirement to certify the giving of documents 1 Part 12 — Miscellaneous 74. Request under Act s. 306 1 75. Arbitration Service seal 1 76. Use of seal 1 77. Approved forms 1 78. Amendment of documents 1 Part 13 — Repeal 79. Workers' Compensation and Injury Management Arbitration Rules 2011 repealed 1 Notes Compilation table 1 Defined terms Workers Compensation and Injury Management Act 2023 Workers Compensation and Injury Management Arbitration Rules 2024