New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 289A

289A Further restrictions as to when a dispute can be referred to Commission

(1) A dispute cannot be referred for determination by the Commission unless it concerns only matters previously notified as disputed.

(2) A matter is taken to have been previously notified as disputed if--

(a) it was notified in a notice of dispute under this Act or the 1987 Act after a claim was made or a claim was reviewed, or

(b) it concerns matters, raised in writing between the parties before the dispute is referred to the President for determination by the Commission, concerning an offer of settlement of a claim for lump sum compensation.

(3) The Commission may not hear or otherwise deal with any dispute if this section provides that the dispute cannot be referred for determination by the Commission. However, the Commission may hear or otherwise deal with a matter subsequently arising out of such a dispute.

(4) Despite subsection (3), a dispute relating to previously unnotified matters may be heard or otherwise dealt with by the Commission if the Commission is of the opinion that it is in the interests of justice to do so.