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 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.

The administration costs of mediation and of the Court are to be met by the approved insurers and approved self-insurers.