Arbitration is a formal proceeding at which evidence is heard and a legally qualified Arbitrator makes a final determination.
The primary role of the Workers Compensation Arbitration Service is to make legally binding determinations regarding workers compensation disputes.
A dispute must have been conciliated by the Workers Compensation Conciliation Service (or a certificate issued by the Director of Conciliation advising the matter is not suitable for conciliation) before an application can be made to the Arbitration Service.
Arbitration can be a complex, costly and time-consuming process. Parties are encouraged to resolve disputes, independently of the Arbitration Service, at any time in the process.
Arbitration Rules and FormsOnline lodgement
WorkCover WA provides an online lodgement facility for submitting applications for arbitration. An electronically writeable and printable version of the appropriate application form for use by unrepresented workers, unrepresented dependants or uninsured employers, or when the online system is unavailable, is below.
Forms
Please note all forms need to be printed single-sided. Forms may be printed and completed by hand or electronically filled.
Application for Arbitration
Complete this form to apply to have your dispute dealt with by the Workers’ Compensation Arbitration Service.
Application for Arbitration Workplace Fatality Compensation
Complete this application for a workplace fatality claim to be determined by the Workers Compensation Arbitration Service.
Application to Extend Time to Lodge an Application for Arbitration
Complete this form to apply for an extension of time to lodge an Application for Arbitration.
Statement of Social and Financial Circumstances
Complete this form and lodge with the Application for Arbitration when applying for additional income compensation or a standard increase in the medical and health expenses general limit amount and/or an increase for special expenses in the medical and health expenses general limit amount.
Reply to an Application for Arbitration
Complete this form to reply to an application for arbitration.
Certificate that Document was Given
Complete this form to certify you have given documents pursuant to the Arbitration Rules
Interlocutory Application
Complete this form to lodge an Interlocutory Application.
Notice Consenting or Opposing Interlocutory Application
Complete this notice to reply to an Interlocutory Application
Memorandum of Consent Order
Complete this form to seek consent orders from an arbitrator
Order for Production of Documents or Material
Complete this form and lodge it with an Interlocutory Application when requesting an order to produce documents.
Summons to Witness
Complete this form if you are seeking a summons to be issued by the Registrar or an arbitrator requiring the attendance of a person before an arbitrator.
Multiple Respondent Form
Complete this form if there is more than one respondent to the dispute and lodge it with the Application for Arbitration.
Notice of Representation
Complete this form to notify the Workers Compensation Arbitration Service of an appointment or cessation of representation.
Notice of Discontinuance
Complete this form if you wish to discontinue arbitration of the dispute.
Application for Order and/or Assessment of Costs
Complete this application if you wish to apply to the arbitrator or the Registrar for an order and/or assessment of costs.
Notice Consenting or Opposing Application for Order and/or Assessment of Costs
Complete this form in response to an Application for Order and/or Assessment of Costs.
Arbitration Order for Joinder of Party
Complete this form to give notice of an arbitrator’s order that another person be joined as a party to the proceedings.
Lodging an application for arbitration
Applications for arbitration are lodged online unless you are an exempt party. If you are an exempt party such as an unrepresented worker, an unrepresented dependant or an uninsured employer you can choose not to lodge your application online and lodge the appropriate form instead.
In order to lodge an application online, you will need to be registered with WorkCover WA Online. Once you have registered and verified your WorkCover WA Online account, complete and submit the online application, attaching any documents that support your case.
In certain limited circumstances, such as a system outage, the Registrar may authorise an application form being submitted by all applicants or their representatives where applicable.
If required, the Application for Arbitration or Application for Arbitration Workplace Fatality Compensation is available to download under Arbitration rules and forms. You can lodge your application:
- by email – arbitration@workcover.wa.gov.au
- in person – WorkCover WA, 2 Bedbrook Place, Shenton Park, WA
- by post – Workers Compensation Arbitration Service, WorkCover WA, 2 Bedbrook Place, Shenton Park, WA, 6008
If you need assistance completing an arbitration application, contact our Advice and Assistance Service on 1300 794 744.
Documents related to current arbitration applications should also be uploaded using the online system unless you are an exempt party and you have chosen not to use the online system or where the Registrar has issued a specific exemption. In these cases the above alternative methods of lodgement can be used.
In accordance with the Workers Compensation and Injury Management Arbitration Rules 2024, a document is taken to have been lodged –
- if the whole document is received before 5.00pm on a particular working day, on that day; or
- otherwise, on the next working day.
Conditions of lodgement by email
The approved email address for lodging documents with the Arbitration Service is arbitration@workcover.wa.gov.au
Documents not complying with the following conditions may be returned to the sender and considered to have not been lodged.
- An email by which documents are lodged under this rule must:
- state the sender’s name and email address; and
- state a telephone number by which the sender can be contacted; and
- describe the documents being lodged by the email.
- if more than once document is being lodged under this rule, list the documents being lodged.
- The subject line must include the arbitration case reference number unless the document lodged is a new arbitration application.
- Any documents lodged must relate to a current or proposed (in the case of an arbitration application) matter before the Arbitration Service.
- Documents submitted by email must be in pdf, tiff, jpeg or png format and be less than 20MB.
Practice Notes are a common regulatory tool used in most courts and tribunals. They are a less formal, directive instrument used to regulate practice and procedure. Practice Notes are typically descriptive procedural documents relating to a specific issue.
The Act authorises the Registrar, Arbitration to issue Practice Notes about the practice and procedure of the arbitration service. The purpose of issuing Practice Notes is to improve the efficiency, consistency and functioning of the Service.
A determination of an arbitrator on findings of fact and law is binding upon the parties.
An appeal may be made to the District Court of Western Australia:
- where a question of law is involved and defined financial thresholds are met; or
- where a question of law is involved and, in the opinion of the District Court the matter is of such importance that, in the public interest, an appeal should lie.
In any other case, leave to appeal may be granted where a question of law is involved.
An appeal to the District Court must be made within 28 days from the date on which the Arbitrator provides the parties with the written reasons for the determination. The District Court may affirm, vary, quash or substitute the original Arbitrator decision.
For more information, see the Appeal court decisions page.
