What is a genuine dispute certificate (and when are they issued)?
Summary
A Genuine Dispute Certificate is a document that certifies that a matter has gone to conciliation but could not resolve by way of the conciliation process.
The certificate confirms that the conciliator believes that both parties involved in the dispute (you and the WorkCover insurance company) have made all reasonable attempts to resolve the matter and that a ‘genuine dispute’ exists.
You might sometimes hear a genuine dispute certificate referred to as a ‘GD’.
When would a person receive a certificate of genuine dispute?
A genuine dispute certificate is something you might come across during your matter if you have proceeded to conciliation.
So once you’ve lodged a request for conciliation and you’ve gone through the conciliation process, if the matter fails to resolve during the conciliation process the conciliator will issue a genuine dispute certificate.
A genuine dispute certificate needs to be distinguished from other possible conciliation outcomes.
For example, if a matter fails to resolve during the conciliation process but there is the prospect that it might resolve the conciliator might issue what’s called a progress certificate.
A progress certificate confirms that the conciliation matter has been paused for a specified period of time.
Here are some examples of when a genuine dispute certificate have been issued
These examples are from real clients of ours (anonymised).
Example 1: Repetitive Strain Wrist Injury
Background
A worker performed repetitive manual duties over many years and developed ongoing wrist pain and dysfunction. Medical investigations identified degenerative changes and symptoms consistent with a repetitive strain injury.
The Dispute
The worker lodged a claim for compensation, seeking weekly payments and coverage for medical treatment. The insurer rejected the claim and disputed whether the condition arose out of employment.
What Happened at Conciliation?
The worker challenged the insurer’s decision through the Workplace Injury Commission. Despite discussions between the parties, agreement could not be reached.
The Conciliation Officer ultimately determined that a genuine dispute existed and issued a Genuine Dispute Certificate.
Example 2: Multiple Injuries from a Single Claim
Background
A worker submitted a claim involving injuries to multiple body parts following physically demanding work.
The Dispute
During the claim process, the insurer accepted one aspect of the claim but continued to dispute liability for other injuries.
What Happened at Conciliation?
Conciliation resulted in a partial resolution. While agreement was achieved regarding one injury, the remaining disputed injuries could not be resolved.
The Conciliation Officer issued a Genuine Dispute Certificate in relation to those injuries that remained contested.
Example 3: Elbow Injury Claim Denied
Background
A worker claimed compensation for an elbow injury and sought both weekly payments and medical expenses.
The Dispute
The insurer denied liability and maintained that compensation was not payable.
What Happened at Conciliation?
The parties participated in conciliation but were unable to reach agreement.
The Conciliation Officer found there was a genuine dispute concerning liability and issued a Genuine Dispute Certificate.
Example 4: Surgery and Medical Treatment Dispute
Background
A worker had an accepted workplace injury and later sought approval for specialist surgery.
The Dispute
The insurer refused to fund the proposed treatment, arguing that the surgery was not compensable under the legislation.
What Happened at Conciliation?
The worker challenged the decision through the Workplace Injury Commission.
After considering the competing positions, the Conciliation Officer was unable to bring the parties to agreement and issued a Genuine Dispute Certificate.
Example 5: Rejected Compensation Claim
Background
A worker lodged a claim for compensation following a workplace injury.
The Dispute
The insurer rejected the claim and disputed liability for compensation.
What Happened at Conciliation?
The worker sought assistance through the Workplace Injury Commission’s conciliation process.
Despite negotiations, the parties remained unable to resolve the dispute. The Conciliation Officer issued a Genuine Dispute Certificate, allowing the matter to proceed to the next stage if the worker wished to pursue the claim further.
When are GD’s likely to be issued?
| Issue in dispute | Percentage of sample |
|---|---|
| Initial claim acceptance and insurer liability disputes | 27.5% |
| Weekly payment entitlement disputes | 17.5% |
| Impairment disputes | 17.5% |
| Medical and like services disputes | 15.0% |
| Weekly payments after 130 weeks | 10.0% |
| Ongoing entitlement to medical expenses | 5.0% |
| Legacy WorkCover disputes under older legislation | 5.0% |
| Termination of weekly payments | 2.5% |
| Reduction of weekly payments | 2.5% |
| Total | 100.0% |
What’s next after a genuine dispute certificate has been issued?
Once you have obtained a certificate of genuine dispute, you have a few options open to you in relation to the matter.
Proceed to arbitration
You can elect to proceed to arbitration after obtaining a genuine dispute certificate in certain instances.
Not all matters can proceed to arbitration. Those that can after obtaining a genuine dispte certificate are as follows:
- Disputes that relate to weekly payments
- Disputes that relate to medical and like expenses
- Superannuation contribution issues
- Interest on an outstanding amount
If you elect to go down this route, we would recommend that you have a lawyer assist you.
Proceed to court
If you obtain a genuine dispute certificate, you can proceed to the WorkCover Magistrates’ court to have your dispute determined.
All WorkCover disputes where you have obtained a genuine dispute certificate can proceed to the WorkCover Magistrates’ court (unlike arbitration).
If you elect to proceed to down this route, you should have a lawyer assist you in most instances.
Workplace intendent review service
You can refer matters to a member of the WorkSafe team to review.
They will review the relevant material and provide an opinion in relation to the matter.
Elect to do nothing
You can elect to not do anything further in relation to the matter.
If in the future you wish to revisit the dispute, you may be able to do so because you have the certificate of genuine dispute.
Sometimes it makes sense to obtain a certificate of genuine dispute just to protect your interests moving forward.
For example, if your weekly payments are terminated at 130 weeks but you have a work capacity.
At that point in time, it might make sense to obtain the certificate of genuine dispute rather than to pursue the dispute further at that point in time. And if in the future your work capacity chances such that you don’t have a capacity for employment, you may wish to pick the matter up at that point in time.
Continue to negotiate with the insurer
Post conciliation and after obtaining a genuine dispute certificate, you can continue to negotiate with the insurer to try and resolve the matter.
This might not be worth doing in all matters but in some matters there may be a benefit to doing so. It really depends on the nature of the dispute.
Table of your options after obtaining a genuine dispute certificate:
| Option after obtaining a Genuine Dispute Certificate | What is involved | Considerations |
|---|---|---|
| Proceed to Arbitration | Refer the dispute to arbitration for a formal determination. |
Arbitration is only available for certain disputes, including:
Legal representation is generally recommended. |
| Proceed to Court | Commence proceedings in the Court. | Unlike arbitration, all WorkCover disputes that have a genuine dispute certificate can generally proceed to court. Legal assistance is recommended in most cases. |
| Workplace Injury Review Service | Refer the matter to WorkSafe for review. | A member of the WorkSafe team reviews the available material and provides an opinion regarding the dispute. |
| Do Nothing Further | Take no action after obtaining the certificate. | A genuine dispute certificate may preserve your ability to revisit the dispute in the future if circumstances change. |
| Continue negotiating with the Insurer | Continue discussions with the insurer in an attempt to resolve the dispute. | Ongoing negotiations may assist in resolving some disputes without the need for any further steps. |
Conclusion
A genuine dispute certificate is a document that a person will be provided with if their matter fails to resolve via the conciliation process.
A genuine dispute certificate certifies that all reasonable attempts have been made to resolve the dispute, but the matter remains unresolved.
Once you have obtained a genuine dispute certificate, you have the option of doing nothing, proceeding to arbitration to the WorkCover Magistrates’ court, refer the matter to the WorkSafe independent review service, or continue negotiating with the insurance company.
This article was last reviewed and updated on September 8, 2026. This article was first published on May 22, 2022.
