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WIRO procedural reviews

Apply for a procedural review

To apply for a procedural review complete this form.

When to apply for a procedural review

A worker can apply to WIRO for a procedural review of a work capacity decision but only after an internal review has been carried out by the insurer and a merit review carried out by SIRA.

What is a work capacity decision?

Work capacity decisions are decisions made by an insurer. Insurers can make work capacity decisions at any point in time. They are decisions about matters such as whether an injured worker can work, for how long and at what type of work. They are decisions which have an impact on the types of entitlement that a worker may receive.

Injured workers have the right to ask the insurer for an internal review of their work capacity decision. If a worker disagrees with the decision, they can ask for a merit review of the decision by SIRA. If the worker disagrees with SIRA’s recommendations the worker can seek a procedural review by WIRO.

Step 1: internal insurer review

You have the right to ask the insurer to review a decision that it has made about your work capacity. You should make this request by completing the Application for internal review by insurer provided by SIRA. This form must be provided to your insurer as soon as possible.

Step 2: Merit Review Service

If you are not happy with the outcome of the internal review you have the right to ask SIRA for a review of the merits of the decision. You should make this request by completing the Application for merit review by SIRA and provide it to SIRA within 30 days after receiving the insurer’s decision.

You may seek assistance from a legal practitioner regarding an application for merit review by SIRA. From 16 December 2016 the insurer is liable to pay costs for legal advice given in connection with an application for merit review of a work capacity decision.

Please note, legal costs will not be payable if you seek legal advice more than 30 days after you were notified of the internal review decision.

Step 3: WIRO procedural review

If your issue is still not resolved, you have the right to ask WIRO to review the insurer’s procedures in making the work capacity decision. WIRO will not inquire into the merits of the original decision or the merit review recommendations.

You should make this request by completing the Application for procedural review. An application for procedural review must use this approved form. You must lodge the application within 30 days after receiving SIRA's merit review decision or your application will not be valid.

Once you have completed the application for procedural review scan and send the form to WIRO at contact@wiro.nsw.gov.au.

Any decision made by WIRO is binding.

What information do I need to provide?

You do not need to provide any information or documentation other than that provided in the Application for procedural review. WIRO will request the relevant information required directly from the insurer.

Who can help with your application?

You can get help from anyone including:

  • Your insurer
  • A union representative
  • An interpreter
  • Your employer
  • Your legal representative
  • A support person

A lawyer is not able to receive payment for providing advice or assistance with respect to procedural review by WIRO.