Memorandum of Consent to Finalising Order (Form CS7)

Section 318 of the Workers Compensation and Injury Management Act 2023 (WA) lets a conciliator, with the consent of the parties, make an order of the kind an arbitrator could make setting out matters agreed during conciliation. The conciliator can only do so after the parties have lodged with the Director a memorandum of consent setting out the terms, and once the conciliator is satisfied that the parties consented freely and without fraud or misrepresentation, understand the effect of consenting, and that the terms can be given effect under the Act (s 318(2)). CS7 is WorkCover WA's form for that memorandum. The form notes that a finalising order finalises the dispute, not the statutory claim; settling the claim itself requires compliance with Part 2 Division 12 of the Act.

When you need it

• A dispute is in conciliation and the parties have reached agreement on the matters in dispute.
• You want the agreement made into an order by the conciliator under s 318, rather than only recorded in the certificate of outcome.
• You are an employer, insurer, worker, dependant or service provider (or a representative of one) and the other party has agreed to sign.

1. 1

   Section A - case details

   Enter the case number, the applicant and the respondent, and tick who is lodging the memorandum.

2. 2

   Section B - consent

   Set out at Q5 the orders the parties consent to in order to finalise the dispute. They must be orders of a kind an arbitrator could make and that can be given effect under the Act (s 318(1) and (2)(b)(iii)).

3. 3

   Section C - signatures

   The form must be signed by both parties. The applicant and respondent each sign, print their name and date it.

• Insurers, self-insurers, insured employers and represented workers must lodge through WorkCover WA Online, the EDS (r 26). An unrepresented worker or uninsured employer is EDS exempt (r 27) and can still use WorkCover WA Online if they wish.
• Exempt parties can lodge by email to conciliation@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 Conciliation Service at that address (r 28 and the notes on the form).
• Before making the order the conciliator must be satisfied about free consent, understanding and that the terms can be given effect (s 318(2)(b)). Keep a copy of the form and any supporting material, as the form advises.

• A finalising order is not a settlement of the workers compensation claim. If the parties intend to settle the claim itself, that is governed by Part 2 Division 12 of the Act, as the form's note points out.
• Failing to comply with a s 318 order is treated as failing to comply with a decision of a dispute resolution authority, an offence under s 385 of the Act.
• Make sure the terms are complete and clear. The conciliator must be satisfied the parties understand the effect of what they are consenting to.