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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-09-08 Daily Xml
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WORKCOVER CORPORATION

In reply to the Hon. A. BRESSINGTON (29 April 2009).

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business): The Minister for Industrial Relations is advised that:

1. WorkCover's General Counsel, determines whether a particular dispute constitutes a significant case in consultation with both Employers Mutual and WorkCover's legal provider Minter Ellison.

2. WorkCover advises that it has not maintained individual records over the past twenty years of matters that were considered either scheme critical or significant cases. The cost of litigating these disputes is covered as an ordinary legal cost. WorkCover has never differentiated between scheme critical or significant case costs and the costs of resolving ordinary disputes.

3. The Scheme Critical List was initially developed by the Manager of Claims Operations, in or about 1994. As the significant case list performs an administrative function only, the practice of formulating and circulating such a list did not require the approval of the Minister or the Parliament.

4. There is no 'remedy' which the Minister should provide for significant cases as they are matters that raise specific issues concerning the viability of the Scheme or the interpretation and application of the legislative amendments. The identification by WorkCover of a matter as a significant case has no impact on the outcome, which is decided by the Tribunal or court on the evidence.

5. There appears to be no relevant matter for such a referral.

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