Division 1 Workers Compensation Commission
366 Establishment of Commission
(1) The Workers Compensation Commission of New South Wales is established by this Act.(2) The Commission has and may exercise such functions as are conferred or imposed on it by or under the Workers Compensation Acts or any other Act.
(1) The Commission has the following objectives:(a) to provide a fair and cost effective system for the resolution of disputes under the Workers Compensation Acts,(b) to reduce administrative costs across the workers compensation system,(c) to provide a timely service ensuring that workers’ entitlements are paid promptly,(d) to create a registry and dispute resolution service that meets worker and employer expectations in relation to accessibility, approachability and professionalism,(e) to provide an independent dispute resolution service that is effective in settling matters and leads to durable agreements between the parties in accordance with the Workers Compensation Acts,(f) to establish effective communication and liaison with interested parties concerning the role of the Commission.(2) In exercising their functions, the members of the Commission must have regard to the Commission’s objectives.
(1) The Commission consists of the following members:(a) a President,(b) Deputy Presidents,(c) a Registrar,(d) Arbitrators.(2) The members of the Commission are to be appointed by the Minister.(3) The instrument of appointment of a member is to specify whether a member has been appointed as:(a) the President, or(b) a Deputy President, or(c) the Registrar, or(d) an Arbitrator.(4) One or more of the Arbitrators may be appointed as a Senior Arbitrator, either by the instrument of appointment of the Arbitrator or by a later instrument executed by the Minister.
369 Qualifications for appointment
(1) A person is eligible to be appointed as President only if the person is a Judge of a court of record.(2) A person is eligible to be appointed as Deputy President only if the person:(a) is or has been a judicial officer (within the meaning of the Judicial Officers Act 1986), or(b) is an Australian lawyer of at least 5 years’ standing.(3) A person is eligible to be appointed as the Registrar or as an Arbitrator only if the person:(a) is an Australian lawyer, or(b) has such qualifications, skills or experience as may be determined by the Minister.(4) The appointment of a person who is not an Australian lawyer as an Arbitrator may be made on terms that limit the person to dealing with matters of a particular type or types.
A member of the Commission has and may exercise the functions conferred or imposed on the member by or under this or any other Act.
(1) The Registrar has and may exercise all the functions of an Arbitrator.(2) The Registrar can delegate to any member or member of staff of the Commission any of the Registrar’s functions under the Workers Compensation Acts, except this power of delegation.(3) The Registrar may exercise any of the functions of the Commission constituted by an Arbitrator to dismiss proceedings before the Commission.
372 Control and direction of members of Commission
(1) The members of the Commission other than the Arbitrators are, in the exercise of their functions, subject to the general control and direction of the President.(2) Arbitrators are, in the exercise of their functions, subject to the general control and direction of the Registrar.
373 Provisions concerning members
Schedule 5 has effect with respect to the members of the Commission.
(1) Such staff as may be necessary for the Commission to exercise its functions are to be employed under Chapter 2 of the Public Sector Employment and Management Act 2002 as staff of the Commission.(2) Those staff are, in the exercise of their functions, subject to the general control and direction of the Registrar.(3) This section does not affect the exercise of the functions of the appropriate Department Head under the Public Sector Employment and Management Act 2002 with respect to those staff.(4) The Authority or such other Department of the Government as the regulations may specify is to provide for the Commission:(a) facilities (including registry facilities), and(b) any additional staff that may be necessary.(5) The Department Head of the Department in which staff of the Commission are employed may delegate to the Registrar any of the Department Head’s functions under the Public Sector Employment and Management Act 2002 with respect to those staff (other than this power of delegation).(6) For the purposes of section 12 of the Public Finance and Audit Act 1983, the Registrar is taken to be an officer of the Department in which staff of the Commission are employed.
375 Constitution of Commission for particular proceedings
(1) For the purposes of any proceedings, the Commission is to be constituted by an Arbitrator except as provided by this section.(2) The Registrar may give directions as to which Arbitrator is to constitute the Commission for the purposes of any particular proceedings or class of proceedings.(3) For the purposes of any proceedings on an appeal against a decision of the Commission constituted by an Arbitrator, the Commission is to be constituted by a Presidential member.(4) The Registrar does not constitute, and does not exercise functions as, the Commission (except when acting as an Arbitrator pursuant to the Registrar’s power to exercise the functions of an Arbitrator).