Policy Analysis: Personal Injuries Compensation Schemes (Workplace Compensation Law)

This study analyzes the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act) in s 10 and its relation to alternative dispute resolution and its impact on claimants. The study concludes that the objectives of the WIRC Act’s in s 10 relate with the ADR’s motto and generate significant impacts on the claimants to fulfil their claims.

Policy Analysis: Personal Injuries Compensation Schemes (Workplace Compensation Law)
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Table of Contents
Overview....................................................................................................................................3
Discussion..................................................................................................................................3
Conclusion..................................................................................................................................4
References..................................................................................................................................5
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Overview
The present study aims to portray whether the Workplace Injury Rehabilitation and
Compensation Act 2013 (WIRC Act) in s 10 is related to the alternative dispute resolution
and generate impacts on the claimant.
Discussion
The objectives of WIRC cover workers’ compensation, insurance, claims, rehabilitation,
return to work, and dispute resolution, which replaced two significant previous Acts i.e.
Accident Compensation (AC) Act 1985 and Accident Compensation (Work-Cover Insurance)
Act 1993 (WorkSafe Victoria, 2019; Grant, 2015). According to the objectives of s 10 in
WIRC Act, the subject repeats the clauses of AC Act 1985 as injured workers are socially
and economically paid. The new implementation of objectives ensures the provision of
occupational rehabilitation for injured workers based on which they can return to work early
(Guthrie, Goldacre & Claydon, 2008). This specific objectives help to gain positive result for
claimants.
The objective provisions of s 10 in the WIRC Act further help to retreat the understanding of
the beneficial interpretation of the legislative ambiguities. At the time of advisory as well as
decisional aspects, the alternative dispute resolution (ADR) regimes help to enlighten the
scenario (Sourdin, 2014). Arguably, it is identified from the objectives of both the WIRC Act
(s 10) and ADR are related as they portray that the workers can feel comfortable with the
support of union, family and friends in the context of disputes. The resolution process can be
effective with a support person within a “conciliation conference or review hearing”
(Guthrie, Goldacre & Claydon, 2008).
In the context of the claimants’ impacts, the workers’ compensation Act (s 10) highlighted
the provision of a compensation scheme for the personal injury (NSW, 2019; Grant &
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Studdert, 2009). These schemes comprise several significant steps i.e. claim assessors, legal
actions, claim development, criminal compensation orders and government compensations
along with the NHS redress arrangements (Citizens Advice, 2019). In relation to the study’s
aim and the arguments, it can be stated that WIRC Act in s 10 clarifies the ambiguity of
legislative aspects associated with the ADR and supportive resolution while the scenario can
also be effective for the claimants because it helps in developing the claims with the support
of family, friend or community during hearing review.
Conclusion
Considering the overall legal implications, it is concluded that the objectives of the WIRC
Act’s in s 10 relate with the ADR’s motto and generate significant impacts on the claimants
to fulfil their claims.
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References
Grant, G, M 2015, ‘Claiming justice in injury law’, Monash University Faculty of Law Legal
Studies Research Paper, vol. 41, no. 3, pp. 618-654.
Grant, G & Studdert, D, M 2009, ‘Poisoned chalice? a critical analysis of the evidence
linking personal injury compensation processes with adverse health outcomes’,
MelbULawRw, vol. 33, no. 3, pp. 865.
Guthrie, R, Goldacre, L & Claydon, C 2008, ‘Workers’ compensation dispute resolution
procedures in western Australia – The new regime’, QUTLJJ, vol. 8, no. 1, pp. 46-76.
NSW, 2019, Workers Compensation Act 1987 No 70, New South Wales Government, viewed
11 January 2019, < https://www.legislation.nsw.gov.au/#/view/act/1987/70/sch6>.
Sourdin, T 2014, Alternative dispute resolution (ADR) principles: From negotiation to
mediation, SSRN, viewed 11 January 2019, <https://ssrn.com/abstract=2723652>.
WorkSafe Victoria, 2019, Workplace injury rehabilitation and compensation act and
regulations, Laws and Regulations, viewed 11 January 2019,
<https://www.worksafe.vic.gov.au/workplace-injury-rehabilitation-and-compensation-act-
and-regulations>.
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