Notice of Discontinuance (Form CS6)

Under r 9 of the Workers Compensation and Injury Management Conciliation Rules 2024 (WA), the applicant may discontinue conciliation of a dispute, or of an issue in dispute, at any time before conciliation ends by agreement, by the conciliator deciding there is minimal chance of agreement, or by expiry of the time limit (s 319(1)(a)-(c) of the Workers Compensation and Injury Management Act 2023). Conciliation is discontinued when the applicant gives the Director written notice in the Director approved form (r 9(2)), and the Director then gives a copy to each other party (r 9(3)). If the applicant discontinues, the conciliator may make an order as to costs under Part 6 Division 9 of the Act (r 9(4)). CS6 is that approved form.

When you need it

• You are the applicant in a conciliation and no longer want it to continue, for example because the dispute has been resolved informally.
• Conciliation has not yet ended by agreement, a conciliator's decision or the time limit (r 9(1)).
• For an arbitration, use form AS14 instead.

1. 1

   Section A - case details

   Enter the case number, the applicant and the respondent.

2. 2

   Declaration and reason

   Tick Yes to declare that you are the applicant and seek to discontinue conciliation of the dispute, and give the reason for discontinuance.

3. 3

   Section B - signature

   The applicant signs, prints their name and dates the notice. The form notes that conciliation will be discontinued once the notice is lodged with the Director.

• 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).
• The Director gives a copy of the notice to each other party (r 9(3)); the applicant does not need to serve it.

• Only the applicant can discontinue conciliation under r 9. A respondent who wants the matter to end should raise it with the conciliator.
• A conciliator may make a costs order where the applicant discontinues (r 9(4)).
• Discontinuance is effective on lodgement, so be sure before you lodge. Keep a copy, as the form advises.