South Australian Workers Compensation Disputes: from Conciliation to Adjudication and Back Again

Abstract

Reforms to workers compensation schemes throughout Australia in the 1980s brought many changes to the substantive entitlements of injured workers, admin istration and funding arrangements. Those reforms also introduced new ways of resolving disputes about entitlements. Tbis paper identifies some of the major factors that influence the design and operation of dispute resolution systems and demonstrates that there is a tendency for such systems to develop in a manner that can be contrary to the original objectives as a result of particular pressures and unanticipated developments. A case study of dispute resolution in South Australian workers compensation in the period 1986 to 1999 provides the empirical detail. Dispute resolution systems are dynamic rather than static. Tbey frequently reflect some of the pressures and conflicts within the workers compensation schemes. The nature of the administration and management of dispute resolution processes at a time of changing statutory requirements, and in the face of challenges to it by the various interest groups, are contributing factors to the direction of the changes. The South Australian case study and the subsequent analysis are prefaced by a brief discussion of some features of alternative dispute resolution and conciliation in particular :