The VWA Agent or Self Insurer may withdraw or alter their original decision and therefore it is likely an agreement will be reached.
The Conciliation Officer or one of the parties may propose a recommendation for resolving the dispute. The parties can then consider whether they will accept the recommendation as a way of concluding the dispute.
In some disputes, the parties involved do not reach an agreement even if a recommendation has been made. In these circumstances:
If the dispute relates to medical questions and there are no facts in dispute, the Conciliation Officer may exercise his/her discretion to refer the matter to the Medical Panel for a final and conclusive opinion (see "Medical Panel referrals" below for further information.
If the Conciliation Officer is satisfied that there is "no arguable case" for denying payment, a Direction that weekly payments and/or medical expenses be paid for a limited period may be given.
If there is an "arguable case" made by the VWA Agent or Self Insurer, a Genuine Dispute or Unresolved Certificate is issued, allowing the person making the claim to take action in the relevant court to determine the matter.
Court action can only be taken if the Conciliation Officer also certifies that all reasonable steps have been taken by the person making the claim to settle the dispute.
In some circumstances the worker may choose to accept the original decision or withdraw their Request for Conciliation and the dispute will go no further.
If it becomes clear at the conference that further information is needed, the Conciliation Officer may adjourn the matter to obtain the information (see Progress Matters below).
Approximately 65% of disputes are resolved as a result of conciliation.
The Conciliation Officer will help finalise details of the outcome of Conciliation and, send you an Outcome Certificate reflecting this.
Before the Outcome Certificate is issued, you may ask for time to think about the outcome or seek advice.
The Outcome Certificate will outline the terms on which the dispute is finalised and where agreement is reached it will certify that each participant agrees to the terms of resolution and is bound by the result. The certificate is evidence of the finalisation of the dispute.