Dispute Resolution Reforms

Dispute Resolution Reforms

Beginning 1 January 2019, the State Insurance Regulatory Authority (SIRA) introduced reforms to the workers’ compensation dispute resolution process, aligning with the Workers Compensation Legislation Amendment Act 2018. These reforms were designed to streamline claims handling, reduce disputes, and improve support services for injured workers and employers.

Goals of the Reform

  • Minimize disputes through clearer processes
  • Improve efficiency in claims management
  • Ensure faster responses from insurers
  • Enhance transparency and accountability
  • Provide stronger support services for both workers and employers

Five Key Changes Impacting Injury Management

  1. Centralized Dispute Resolution
    • The Workers Compensation Commission (WCC) now resolves all disputes.
    • Injured workers benefit from mandatory internal reviews, ensuring fairer outcomes.
  2. Timely Insurer Responses
    • Insurers must respond within 14 days to work capacity decisions or liability reviews.
    • Legal costs for workers challenging work capacity decisions are covered by Independent Legal Assistance & Review Service (ILARS).
  3. Improved Decision Transparency
    • Notice templates must clearly identify information received from employers, workers, and insurers.
    • This ensures decisions are based on complete and balanced evidence.
  4. Clear Complaint Pathways
    • Workers’ insurer remains the first point of contact.
    • Unresolved employer complaints go to SIRA (13 10 50 / contact@sira.nsw.gov.au).
    • Unresolved worker complaints go to Workers Compensation Independent Review Office (WIRO) (13 94 76 / contact@wiro.nsw.gov.au).
  5. Permanent Impairment Compensation
  • In certain cases, the WCC can award permanent impairment compensation without referral to an Approved Medical Specialist.

Please contact us to discuss.

SIRA Identify Non-Compliance

SIRA Identify Non-Compliance

SIRA (State Insurance Regulatory Authority) has intensified efforts to identify employer non-compliance in New South Wales, targeting businesses that fail to lodge mandatory workers’ compensation policies. Through advanced data analytics and a structured notification program, hundreds of employers have already been flagged, with penalties and premium recoveries reaching millions.


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Increasing Workers Claim Fraud

Increasing Workers Claim Fraud

According to a recent article there has been a significant increase in complaints in relation to workers compensation claims fraud. Fraudulent claims include claiming for a non-work related injuries, failure to declare information, altering medical certificates, etc. The recent conviction of a fraudulent worker highlights the emphasis placed on legitimate claims.

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Fall Related Incidents

Fall Related Incidents

Recently we have been involved with an increased number of fall related incidents. The injuries sustained, & the resulting workers compensation claims, can often be complex & costly. In addition to claim related costs, employers also face material fines for unsafe work sites.

After providing advice and support recently to various clients with workers having sustained injuries (5 metre + 10 metre falls to concrete and an employee falling down fire escape), we wanted to provide greater insights into fall related incidents.

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