If consensus is not reached, you can continue into the review process. This process is more formal than the conciliation process and it takes an average of around 200 days to go from start to finish.
Advocacy Assistance for Review Hearings
We acknowledge that sometimes resolution can't be reached in consensus-based processes. This means that around 10% to 20% of disputes may need to continue to a review hearing.
If your case isn't resolved at conciliation, then after the meeting, your advocate will have a discussion with you about whether they are the right person to represent you at the case conference and the review hearing.
In some types of disputes, we will recommend that you obtain legal advice after conciliation if your case is not resolved. We will talk to you about this after conciliation if your case is not resolved and we are unable to continue to represent you at review. If we cannot assist you further, we will try to connect you to the right person to take your case forward.
The Review Process
There are four main stages in the review process. The first is the case conference, the second is preparation, the third is the review hearing, and the final step is the review decision.
We cannot normally become involved in reviews after the case conference where we haven't been involved prior.
The Case Conference
This happens first and usually by teleconference. Here the Reviewer will introduce themselves, explain their role, and outline the review process. They will then discuss your case with you, your representative, and ACC's representative. After this discussion, the Reviewer will issue any directions about things that people have to do before the hearing so that everyone is ready on time.
Preparation
By this stage, we often have all of the information we need, however, if further information is required, we will obtain this in preparation for the hearing. Where possible, we will work with ACC to set out relevant facts that we agree on, and what is in dispute.
Once all of the information has been shared with the reviewer and ACC, it is then time to write submissions addressing the relevant issues.
We will send the written submissions we will be making on your behalf to ACC and the Reviewer. We normally send these a few weeks out from the Review hearing. ACC usually will also provide submissions in reply before the hearing.
The Review Hearing
Depending on the issue and what remains in dispute, the review hearing sometimes starts with you giving evidence about what occurred. After this, the Reviewer or ACC might ask you questions to clarify things. We will then make oral submissions on your behalf. After this, ACC will make their oral submissions. We may then reply to what ACC has said.
The Review Decision
The Reviewer will then issue a written decision within 28 days of the review hearing closing. This decision will explain the facts as the Reviewer has determined them to be, the law relevant to their decision, and the reasons that they have decided the outcome in a particular way. Once we have received this decision, we will meet with you to discuss the outcome and any next steps.
This decision is binding on both you and ACC. If you do not agree with this decision, then you will need to decide whether to appeal this to the District Court. We will not be involved in appeals to the District Court.