Dispute Resolution

A dispute arises when a workers compensation claimant is aggrieved by the decision of an insurer or self insurer:

  • to dispute liability for compensation claimed by the claimant
  • to cancel or reduce compensation being paid to the claimant
  • relating to a matter or question incidental to or arising out of the claimant's claim for compensation.

The processes available to resolve disputes include:

  • Direct discussions and negotiations between the claimant and the representatives of the insurer or self insurer.

  • Use of the insurers or self insurers Internal Dispute Resolution Process.
    • Insurers and self insurers have voluntarily agreed to provide an Internal Dispute Resolution Process to review decisions made on claims.
    • The claim will be reviewed by a person independent of the original decision making process and a five (5) day time frame applies.
    • Contact details of the insurer's or self insurer's Senior Review Officer are available from the insurer or self insurer or from NT WorkSafe.
  • The mediation service available through NT WorkSafe.
    • NT WorkSafe has a legislative role in dispute resolution by providing a mediation service. This service is provided by experienced independent mediators who are not employees of NT WorkSafe.
    • Undertaking mediation is mandatory before any matter can be taken to the Work Health Court.
  • The Work Health Court has the power to hear and determine all matters and disputes that arise in relation to the Workers Rehabilitation and Compensation Act.  

Work Health Court

If a party to a dispute is dissatisfied with the outcome of the mediation process they may then make an application to the Work Health Court.

An application to the Work Health Court should be made within 28 days of the party receiving a Certificate of Mediation, although the Court has the power to extend the 28 day time limit.

The Work Health Court is constituted by a magistrate or, in certain circumstances, the Registrar or Judicial Registrar. The Court has the power to hear and determine claims for compensation and all matters incidental to or arising out of such claims.

Before hearing a matter, the Court must hold a directions conference. At this conference the Court can award interim benefits and may adjourn to a conciliation conference. If the matter is not resolved at the conference stage, the matter will be resolved at a hearing before a magistrate.

A decision of the Work Health Court can be appealed to the Supreme Court but only on matters of law and only after the matter has been finally determined by the Work Health Court.