Mick Franco

As a Director of Bartier Perry and leader of our Insurance Division, Mick advises employers and insurers on the most effective ways to manage employee claims. Clients rely on his deep knowledge of workers compensation, Workplace Health and Safety (WHS) and skill at managing injured or sick employees.

Mick is widely recognised by the industry as an expert in workers compensation. He has contributed extensively to the debate on workers compensation in NSW and written on schemes across Australia.

 

Qualifications/Memberships

• Bachelor of Economics/Bachelor of Laws (Macquarie University)

• Honorary Solicitor to the NSW Self Insurers Association Inc

• Member of WorkCover Legal Stakeholder Reference Group representing NSW self insurers since 2012 reforms

• Member of the Advisory Group to the Parkes Project – A 2015 inquiry into the workers compensation legislation by the WorkCover Independent Review Officer (WIRO)

• Member of Law Society of NSW

 

A word from Mick

"One of my proudest achievements was receiving the NSW Workers Compensation Self-Insurers Association’s award for ‘outstanding contribution and devoted service’. The association consists of around 60 large organisations who are self-insured under the NSW workers compensation scheme. I became involved with the association in the early 1990s and have been an honorary solicitor for it, voluntarily providing advice and representing it at inquiries, industry bodies and forums."

 

Career highlights

• Appearing for the Self-Insurers Association at the 2001 Commission of Inquiry into workers compensation common law matters conducted by Justice Terry Sheahan.

• Representing Campbelltown City Council in a test case involving some of the principles of the 2002 NSW government workers compensation reforms. This included the permanent impairment provisions and the duty of medical appeal panels to identify error and give reasons for overturning findings of an approved medical specialist.

• Conducting an investigation for a metropolitan Sydney council into a complaint over the conduct of a workers compensation service provider. This resulted in the council better managing service providers, in line with its procurement policies and procedures and code of conduct.

• Successfully representing a non-metropolitan council in a coronial inquest into the death of a two-year old child who drowned in a backyard pool. This resulted in the coroner commending the council for its work in identifying swimming pool risks and promoting pool safety.

• Successfully representing a non-metropolitan council in a coronial inquest into the death of a motorist. The council was the road authority and faced potential high costs due to recommendations on road construction and guard railing.

• Being recognised as a leading Workers Compensation Lawyer every year since 2016 by Doyle’s Guide to the Australian Legal Profession.

 

 Specific areas of focus

• Investigating workers compensation claims and industrial accident litigation on behalf of self-insurers, scheme agents and licensed insurers.

• Advising on sensitive incidents, injuries and events, and potentially high cost claims to minimise liability, organisational dislocation and avoid reputational damage.

• Formulating and developing strategies for investigating and managing claims and disputes.

• Defending claims in the Workers Compensation Commission, District Court, Supreme Court and Anti-Discrimination Board.

• Identifying and resolving workplace issues such as industrial and human resources problems (particularly termination of employment), rehabilitation obligations and work health and safety concerns.

• Advising management on the development and implementation of strategies aimed at compliance with the former Occupational Health & Safety Act and the Work Health and Safety Act  2011.

• Organising and conducting internal investigations.

• Representing councils at coronial inquests and defending WHS prosecutions.