Changes to Forms 2 and 2A

The Commission has updated Form 2 - Application to Resolve a Dispute and Form 2A - Reply to Application to Resolve a Dispute in the Pathway Portal.

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Changes to Forms 2 and 2A

29 Jul 2026

Updated versions of Form 2 - Application to Resolve a Dispute and Form 2A - Reply to Application to Resolve a Dispute are now live in the Pathway Portal.

These updates enable the collection of additional information required for disputes, arising from the recent legislative changes to the workers compensation scheme in NSW, commencing on 1 July 2026.

The ‘Notice to parties’ section of both forms has been updated with some information about the relevant legislative changes made to the Workers Compensation Act 1987, Workplace Injury Management and Workers Compensation Act 1998, and the Workers Compensation Regulation 2016.

The updated Form 2 now includes new questions to capture whether:

  • the worker is exempt from the legislative changes,
  • a tutor is required to be appointed for a person with legal incapacity,
  • there are any non-publication or suppression orders in place,
  • the dispute is about “a decision about Pre-Injury Average Weekly Earnings (made on or after 1 July 2026),” as distinct from a work capacity decision,
  • the worker has received a pre-reform impairment assessment,
  • the injury is a primary or secondary psychological injury,
  • for primary psychological injuries, whether the claim involves a dispute about “relevant conduct” and a determination has been made by the Industrial Relations Commission and
  • a medical assessment is required for weekly payments ceasing under section 39 of the Workers Compensation Act 1987.

Additionally, Form 2 now includes a new “Specific Body System” field for applicants to indicate the specific body part being referred if claiming an injury to Upper or Lower Extremities.

The updated Form 2A now includes new questions to capture whether:

  • a tutor is required to be appointed for a person with legal incapacity,
  • there are any non-publication or suppression orders in place, or if
  • the Respondent would like to raise any objection to the application being heard at the Personal Injury Commission on the basis that a dispute about “relevant conduct” has not been determined by the Industrial Relations Commission.

Where Form 2 or 2A is being lodged by an insurer or insurer legal representative, there is also a new certification to attest that the case has reasonable prospects of success based on provable facts and a reasonable arguable view of the law, and that the costs of commencing or defending the proceedings are proportionate to the claim and significance of the issues in dispute (section 195 of the Workers Compensation Act 1987).

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