New Jurisdiction: Workers Compensation – Workplace Conduct Proceedings

The Industrial Relations Commission of New South Wales (Commission) now has jurisdiction to determine whether, in a disputed workers compensation claim involving a psychological injury, the conduct in question amounted to bullying, excessive work demands, racial harassment or sexual harassment.   

From July 1, a worker must obtain a certificate of determination from the Commission before an application may be made to the Personal Injury Commission (PIC) in relation to the claim if they: 

• claim to be suffering from a primary psychological injury said to be caused by bullying, excessive work demands, sexual harassment, or racial harassment (relevant conduct); and       
• has made a claim for workers compensation for this injury; and 
• the insurer disputes liability for the claim; and 
• has had a review of their claim rejected by the insurer on grounds that include that the conduct was not relevant conduct.  

The Commission has published Practice Note 38 - Workplace Conduct Proceedings to guide parties, and introduced the following forms:  

1. An update to Form 28 - Application for leave to appeal and appeal.
2. Form 67 - Application to determine relevant conduct.  
3. Form 68 - Appearance – Workplace Conduct Jurisdiction. 
4. Form 69 - Certificate pursuant to Workers Compensation Act 1987, Section 195. 

Read more about the new jurisdiction here.