Dispute resolution

This bulletin has been produced to provide information on the options available to a claimant in the resolution of claim disputes under the Return to Work Act 1986.

A dispute arises when a workers compensation claimant is aggrieved by the decision of an insurer or self-insurer:

• to dispute liability for compensation claimed by the claimant
• to cancel or reduce compensation being paid to the claimant
• relating to a matter or question incidental to or arising out of the claimant's claim for compensation.

The processes available to resolve disputes include:

1. Direct Discussions

Direct discussions with your case officer or claims officer can help clear up misunderstandings and help bring about an early resolution of any problems that arise.

2. The insurers or self-insurers Internal Dispute Resolution Process

• Insurers and self-insurers have voluntarily agreed to provide a free Internal Dispute Resolution Process to review decisions made on claims.
• The claim will be reviewed by a person independent of the original decision making process and a five (5) working day time frame applies.
• To access this process contact the insurer’s or self-insurer’s Senior Review Officer listed over the page and specifically request a review under the Internal Dispute Resolution process.

3. Mediation service arranged by NT WorkSafe

NT WorkSafe has a legislative role in dispute resolution by providing a mediation service. This service is provided by experienced independent mediators who are not employees of NT WorkSafe.

Undertaking mediation is mandatory before any matter can be taken to the Work Health Court. Further information on the mediation service is on our information bulletin Mediation process for workers compensation.

4. Work Health Court

The Work Health Court has the power to hear and determine all matters and disputes that arise in relation to the Return to Work Act 1986.

If a party to a dispute is dissatisfied with the outcome of the mediation process they may then make an application to the Work Health Court.

The Work Health Court is constituted by a magistrate or, in certain circumstances, the Registrar or Judicial Registrar. The Court has the power to hear and determine claims for compensation and all matters incidental to or arising out of such claims.

A decision of the Work Health Court can be appealed to the Supreme Court but only on matters of law and only after the matter has been finally determined by the Work Health Court.

Dispute Resolution Video

Please watch our short video that will explain your options if there is a dispute with your workers compensation claim and outlines the process for mediation.

YouTube Link: https://www.youtube.com/watch?v=bPaU7Qhd3Z0

Insurers - Senior Review Officer Contact Details

Self-Insurers

Northern Territory Public Sector (Government Workers)

Nominal Insurer

Contact us

For further information please contact us on 1800 250 713, via email at datantworksafe@nt.gov.au or go to the NT WorkSafe website at www.worksafe.nt.gov.au

Dispute resolution (V1.5 – November 2019)

Document reviewed on 5/01/2023