A party to a dispute in the Workers Compensation Arbitration Service may appeal to the District Court of Western Australia against a decision of an Arbitrator. 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 when the Arbitrator provides the parties with the written reasons for the determination.
The District Court may affirm, vary, quash, substitute or make an addition to the original Arbitrator decision.
Accessing previous decisions
The jurisdiction or authority that deals with appeals depends upon when the appeal was made.
December 2011 - presentAppeals from the Workers Compensation Arbitration Service have been heard by the District Court of Western Australia. These decisions can be accessed via the eCourts portal.
Previous decisions of the Commissioner and Compensation Magistrate can now be accessed via WorkCover WA Online. Information about how to register for WorkCover WA Online can be found here.
November 2005 – November 2011
The Commissioner dealt with matters regarding:
- a novel or complex question of law referred by an arbitrator
- a question of law referred by a party to the proceeding before an arbitrator
- appeals against a decision of an arbitrator.
1994 – November 2005
The Compensation Magistrate dealt with:
- a novel or complex question of law referred by a review officer
- a question of law referred by a party to the proceeding before a review officer
- appeals against a decision of a review officer.
