Options 1 – 3 could be relatively quickly implemented (i.e. completed within 12 months of the passage of legislation) and would address immediate needs in the system. Option 4 is in effect an extension of option three, taking more steps towards consolidating all personal injury dispute resolution. As a result, it has a longer implementation timeframe i.e. it would be completed within 24 months of the passage of legislation. Claimant support Legal support Dispute management and resolution System oversight 1 One stop shop Status quo: 1. Complaints about insurers handled by WIRO; and 2. Claimants can also use SIRA’s helpline Status quo: ILARS, delivered by WIRO One stop shop for formal dispute resolution, with some process and technology improvements (delivered by WCC) supported by a single, centralised online portal bringing together all scheme bodies. Status quo: SIRA, WIRO, L&J Committee, NSW Ombudsman 2 One stop shop, with more focused claimant and legal support An expanded service delivered by WIRO, including proactive support for complex claims A more targeted ILARS, delivered by: 1. WIRO; or 2. SIRA One stop shop for formal dispute resolution with more process improvements (delivered by WCC) supported by a single, centralised online portal bringing together all scheme bodies. SIRA, L&J Committee, NSW Ombudsman 3 One stop shop, with increased CTP consistency An expanded model for claimant support, delivered by SIRA, including proactive support for complex claims More targeted ILARS managed by SIRA moving to consistency with CTP approach over time One stop shop for formal dispute resolution, with greater process and technology improvements (delivered by WCC) supported by a single, centralised online portal bringing together all scheme bodies. SIRA, L&J Committee, NSW Ombudsman 4 Consolidated personal injury dispute resolution model An expanded model for claimant support (delivered by SIRA), including CTP model (i.e. “costs follow the event”) Workers compensation and CTP dispute resolution consolidated by delivering them: SIRA, L&J Committee, NSW Ombudsman
To simplify and clarify responsibilities in system oversight, this option removes WIRO’s function under s27(c) of the Workplace Injury Management and Workers Compensation Act 1998 to report to the Minister on the operation of the Workers Compensation Acts, or for the Minister to ask WIRO to report, as this function has not been used to date. This is a legislative clarification to reflect current practice and clarify responsibilities. It is also unusual for a body with service delivery functions in a scheme to also hold a quasi-ombudsman oversight role in relation to that scheme. This change seeks to remove that potential conflict of interest. Another option might be to amend the legislation to allow the Minister to ask the Scheme Regulator, the Secretary of DFSI or an independent person to inquire into and report on the operation of the Workers Compensations Acts as required. In Option 2 (and Option 3 the portal proposed in Option 1 could potentially be augmented by further technology developments such as providing parties with access to online dispute resolution tools, and possibly the use of data analytics to enable the triaging of matters into appropriate dispute resolution streams. This would expedite the dispute management process, leading to an improved experience for claimants. Option 3 - one stop shop, with increased CTP consistency Model Claimant support Legal support Dispute management and resolution System oversight One stop shop, with increased CTP consistency An expanded model for claimant support, delivered by SIRA, including proactive support for complex claims More targeted ILARS managed by SIRA moving to consistency with CTP approach over time One stop shop for formal dispute resolution, with greater process and technology improvements (delivered by WCC) supported by a single, centralised online portal bringing together all scheme bodies. SIRA, L&J Committee, NSW Ombudsman Option 3 takes a step further from Option 2 by moving all of WIRO’s claimant support and legal support services to SIRA. The main benefit of this model is consistency and resource efficiency, as SIRA is already delivering claimant support for workers compensation, and legal support would be transitioned to the same approach for CTP. Integration of claimant and legal support within SIRA is also likely to improve data collection and information flows within the system, and enable SIRA to