1️⃣ If an appeal is to be made against the decision of an Arbitrator, the application must be made to the Registrar, within 28 days of the Arbitrator’s decision, to have the appeal heard by a Presidential member: Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 352(1)-(2)(‘The 1998 Act’); Workers Compensation Commission Rules 2011 (NSW) r 16.2.
2️⃣ If an appeal is to be made against the decision of a Presidential member, the appeal lies to the NSW Court of Appeal: The 1998 Act s 353(1), (5); Supreme Court Act 1970 (NSW) s 48(1)(a)(vii), (2)(f).
3️⃣ If the appeal being made relates to any of the following a Summons Seeking Leave [that is, consent] to Appeal to the Court of Appeal is required: The 1998 Act s 353(4):
353 APPEAL AGAINST DECISION OF COMMISSION CONSTITUTED BY PRESIDENTIAL MEMBER
(4) The following appeals under this section may be made only with leave of the Court of Appeal--
(a) an appeal from an interlocutory decision,
(b) an appeal from a decision as to costs only,
(c) an appeal where the amount of compensation in dispute is less than $20,000 (or such other amount as may be prescribed by the regulations),
(d) an appeal from a decision made with the consent of the parties.
4️⃣ The rules applying to the general procedure in appealing to the NSW Court of Appeal, as set out in this FAQ apply to appeals against a decision of a WCC Presidential member: Uniform Civil Procedure Rules 2005 (NSW) r 51.1 (‘UCPR’).
The above overview of the NSW Workers Compensation Commission (WCC) Appeal procedure was prepared by Shakvaan Wijetunga | Virtual Intern, Blue Ocean Law Group℠.
This FAQ is intended for general interest + information only.
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