Victorian Numbered Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION AMENDMENT (ARBITRATION) ACT 2021 (NO. 15 OF 2021) - SECT 23

After section 289 of the Principal Act insert the following heading and sections—

" Subdivision 3—Conciliation of disputes

        289A     Lodging of disputes for conciliation

    (1)     A party to a dispute may lodge an application for conciliation of the dispute by ACCS.

    (2)     A party to a dispute that is dismissed from conciliation under section 294(1)(e) may lodge an application for further conciliation of the dispute or any part of the dispute by ACCS.

    (3)     A person may lodge an application under this section on behalf of a party to the dispute.

    (4)     An application for conciliation of a dispute must be lodged with ACCS by sending or delivering notice, in a form approved by ACCS,     within 60 days after—

        (a)     notice of the decision to which the dispute relates was given to, or served on, the worker or claimant; or

        (b)     the dispute was dismissed from conciliation under section 294(1)(e).

Note

The Electronic Transactions (Victoria) Act 2000 provides for lodgement by electronic communication in accordance with that Act.

        289B     Power of ACCS to allow late or out of time referral of dispute

If ACCS considers it appropriate in the circumstances of the particular case, ACCS may, on application, allow—

        (a)     an extension of time for lodging an application for conciliation; or

        (b)     an application for conciliation to be lodged out of time.

        289C     Conciliation by Conciliation Officer

    (1)     The conciliation of a dispute under this Subdivision must be conducted by a Conciliation Officer.

    (2)     The Conciliation Officer who conducts the conciliation of a dispute must not be the same person who has acted as an Arbitration Officer in respect of the arbitration (if any) of that dispute.".