New South Wales Consolidated Acts
[Search this Act]
WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 318A
Mediation of claim before commencement of court proceedings
318A Mediation of claim before commencement of court proceedings
(1) A claimant must refer a claim for work injury damages for mediation under
this Division before the claimant can commence court proceedings for recovery
of those work injury damages. The claim cannot be referred for mediation until
at least 28 days after the pre-filing statement has been served on the
defendant under Division 3.
(2) The claimant need not refer a claim for
work injury damages for mediation if the defendant has failed to respond to
the claimant's pre-filing statement as required under Division 3 within 42
days after it is served on the defendant.
Note : A defence can still be filed
in the 28-42 day period. A defence can be filed after 42 days but such a
defence cannot dispute liability. A defence filed after 42 days can deal with
such matters as quantum of damages or contributory negligence.
defendant may decline to participate in mediation of the claim if the
defendant wholly disputes liability in respect of the claim, but in any other
case the defendant cannot decline to participate in mediation.
proceedings for recovery of work injury damages cannot be commenced while the
claim is the subject of mediation in the Commission.
(5) A claim is referred
for mediation by being referred to the President for mediation by a mediator.
The President is to give directions as to which mediator is to mediate on a
particular claim referred for mediation.
(6) The Commission rules may make
provision for or with respect to mediation under this Division.
AustLII: Copyright Policy