A nominated person or representative’s role during a Workers Compensation Independent Review of a decision

Understanding the independent review process

If you are involved in an independent review on behalf of a worker, we encourage you to read the following information pages which will assist you to understand the independent review process, which decisions we can and can't review, how and when we review certain decisions and how to assist a worker to lodge an application.

We understand that matters such as these can seem quite complex. If further clarification, information or assistance is required, please contact our service team directly on 03 4243 7061 between 8:30am and 4:30pm, Monday to Friday.

When is a nominated person or representative required?

If a worker is under the age of 18 years or is living with a legal disability they must be represented when lodging a WCIRS application by:

1. their legal guardian; or
2. a person or representative nominated by the worker’s legal guardian who is 18 years or older.

A worker over 18 years of age does not need to be represented to lodge an application with the WCIRS. The WCIRS is quick simple and free and can also provide workers with assistance in relation to the process of lodging an application.

However, if a worker would like a person or representative to assist them with their Independent Review, the WCIRS application form contains a section enabling the worker to nominate such a person or representative.

Who can a worker nominate to be represent them?

If a worker would like to be represented, they can:

1. nominate a friend or family member to assist them, provided that person is 18 years or older
2. seek assistance from WorkCover Assist
3. ask Union Assist to represent them
4. ask their individual Union representative to represent or assist them
5. engage a solicitor to act on their behalf.

What level of involvement can a nominated person or representative have?

The WCIRS application form asks a worker to specify how they would like their representative to be involved in the Independent Review.

There are 2 ways that a nominated person or representative can be involved in an independent review – the choice is theirs. The worker can ask the WCIRS to:

1. communicate and request information from the worker directly in relation to their application but send written correspondence to the nominated person/representative; or
2. communicate with the nominated person/representative directly in relation to the application and direct all requests to and through the nominated person or representative.

Changes to the nominated person or representative or how we involve them

If, after the worker has lodged a WCIRS application form, they would like to make any changes to who the nominated person or representative is or how they would like the person to be involved in the process, the worker will need to advise the WCIRS of the changes in writing by email to [email protected].

What you can do to assist the review

It's important to our service that workers feel understood and supported. Therefore, if you are representing a worker during an independent review, it is important that you provide us with all relevant information and why worker think a decision is not quite right. It is also important that you respond to any requests for information or clarification as quickly as you can.

Costs

We are unable to reimburse for any costs a worker (or their person or representative) might incur as a consequence of engaging a person or representative to assist them with an Independent Review, regardless of the independent review outcome.

Workers and nominated persons or representatives should discuss any costs prior to a nomination of a person or representative.