Memorandum of Consent Order (Form AS9)

Rule 38 of the Workers Compensation and Injury Management Arbitration Rules 2024 (WA) lets an arbitrator make a consent order about, or determining, a dispute once a party lodges a memorandum of consent that is signed by each party, or some of the parties, and sets out the terms of the order. The arbitrator makes the order by signing the memorandum (r 38(2)), but cannot make a consent order in terms the Workers Compensation and Injury Management Act 2023 does not authorise an arbitrator to make (r 38(3)). AS9 is the form WorkCover WA has approved for this. A consent order can also be used to discontinue a proceeding (r 39(2)(c)).

When you need it

• A dispute is in arbitration and the parties have agreed on some or all of the orders that should be made.
• You want the agreement recorded as an arbitrator's order, for example to resolve the dispute or to settle procedural steps by agreement.
• You want to end a proceeding by consent order rather than by notice of discontinuance (r 39(2)(c)).

1. 1

   Section A - case details

   Enter the case number and the applicant and respondent exactly as they appear on the Application for Arbitration.

2. 2

   Lodged by

   Tick who is lodging the memorandum: worker, employer, insurer, their representatives, a dependant, a service provider or other.

3. 3

   Section B - consent

   Set out at Q5 the exact orders the parties consent to. Write them as orders an arbitrator has power to make under the Act, with amounts, dates and periods spelled out, because the arbitrator signs the document as it stands (r 38(2) and (3)).

4. 4

   Section C - signatures

   The applicant and the respondent each sign, print their name and date the form.

5. 5

   Section D

   Leave this blank. The Registrar or arbitrator signs and dates it if the order is made in the terms set out.

• Lodge through WorkCover WA Online, the electronic document system (EDS), unless you are EDS exempt (r 61). A self-represented party who is not an insurer or self-insurer is exempt (r 62); for an employer, self-represented means uninsured.
• Exempt parties can lodge by email to arbitration@workcover.wa.gov.au, in person at WorkCover WA, 2 Bedbrook Place, Shenton Park WA 6008 (Monday to Friday 8am to 4.30pm), or by post to the Workers Compensation Arbitration Service at that address (r 63 and the notes on the form). An email lodgement must give the sender's name, email address and phone number and describe the document (r 63(3)).
• The party who lodges a document accepted by the Registrar must give a copy of the sealed document to each other party within 7 days after it is accepted, unless the rules or the Registrar provide otherwise (r 7).

• Check the terms are within power. An arbitrator cannot make a consent order that the Act does not authorise (r 38(3)).
• Draft the orders precisely. Once signed by the arbitrator, the memorandum is the order, and failing to comply with a decision of a dispute resolution authority is an offence under s 385 of the Act.
• A consent order in arbitration is different from a settlement of the statutory claim, which has its own rules under Part 2 Division 12 of the Act.