Lack of preparation can lead to delays in the conciliation process. There are a number of ways that parties can assist in ensuring effective conciliation without delay. These include attaching all the necessary medical and factual information with the application, organising and obtaining medical reports that are relied upon before the conciliation date, and exchanging the documentation being relied upon.
Participation is essential Participation at the conference is also essential.
Parties are encouraged to share the information and documentation relied upon and to discuss in a frank and open manner the issues relating to the dispute and to explore any options that may lead to resolution. The Workplace Injury Management and Workers Compensation Act 1998 reinforces the importance of effective preparation and participation by imposing cost penalties where a party does not prepare or participate in conciliation. Costs may be limited There is provision in the Act for costs incurred by the worker during the conciliation process to be paid by the employer. The regulations also provide for the Principal Conciliator to limit costs payable where preparation and participation in the conciliation process has not been effective. The Principal Conciliator has made 21 directions to date, limiting the costs payable when a party has not prepared for or participated in conciliation.