As outlined in PIC News edition 94, the Commission continues to work on implementing a range of amendments as part of the workers compensation reform.

Sections 58A and 43A of the Personal Injury Commission Act 2020 (PIC Act), along with the new and updated rules 133D and 67A to support the operation of these new powers, commenced on 27 March 2026. These amendments are relevant to all divisions across the Commission and are outlined further below.

Restricting the publication or disclosure of Commission decisions or information
The Commission is required to publish decisions under s 58 of the PIC Act. Under the new s 58A of the PIC Act, the President now has the power to make ‘relevant orders’ restricting the publication or the disclosure of decisions or information in Commission proceedings if it is of such a confidential nature, or any other reason. This is a power that will sit with the President alone and will not be delegated.

The new Procedural Direction PIC 15 – Publication, de-identification, redaction and non-publication of decisions or information provides important guidance to parties on users on de-identification and redaction of decisions under rule 132 of the PIC Rules, and non-publication of decisions under s 58A of the PIC Act. 

For applications for non-publication under s 58A of the PIC Act, parties are to make written submissions to the President and serve this on the other parties, who will be provided three days to respond to the application. Although rule 132 of the PIC Rules is not a new rule, this Procedural Direction now explains the process of making an application. Applications for de-identification or redaction can be made during proceedings or within seven days of a decision being issued.

Parties are encouraged to make their applications as early as possible at the outset of proceedings, or during any upcoming conference or hearing, so it can be determined by the member presiding over the matter. Do not wait until the decision is issued. Legal representatives should therefore consider whether the circumstances of the matter may warrant de-identification, redaction or non-publication at the time of filing, so any application can be determined by the member presiding over the matter, or the President.

Before making any application under rule 132 or s 58A, parties are to consider which avenue is appropriate to take. Often, de-identification or redaction under rule 132 is sufficient, say, to protect the identity of the person subject of the decision. Applications for non-publication or non-disclosure under s 58A will only be considered where the President is satisfied that the confidential nature of information is so significant that publication of any information should not occur, despite the statutory mandate requiring the Commission to publish decisions under s 58 of the PIC Act.

The appointment of tutors and alignment with authorised representatives
Section 43A of the PIC Act enables the Commission to appoint a tutor for a person under a legal incapacity who is unable to manage their own affairs.

A new procedural direction PD PIC 14 – Persons under legal incapacity has been published to provide parties with guidance on the application and removal of representation for persons under legal incapacity. PD PIC 14 is applicable to the Commission’s three divisions and aims to harmonise expectations and processes, where possible.

The new PD PIC 14 incorporates aspects of and replaces procedural direction MA 4 – Appointed representatives.

Should a party to proceedings wish to alert the Commission to a tutor or request the appointment of a tutor, please put this in writing in submissions attached to your application. If the matter is before a member, please make submissions to the member. The submissions should address legal incapacity, who the proposed tutor is, and certify that the tutor consents to acting as a tutor, has no adverse interests to the person under legal incapacity, and agrees to adhere to the Commission’s rules and Procedural Directions. The member or a Division Head will consider the application, and if satisfied the tutor is appropriate, make orders appointing the tutor. In time, the Commission’s digital platform Pathway will be updated to support the appointment of tutors.

Where there is no suitable friend or relative to be a tutor, a party may apply for the Commission to appoint a tutor from the Guardian Ad Litem Panel, managed by the Department of Communities and Justice. If such an appointment is necessary, the matter will be referred to the Commission Registry to arrange and, once a Guardian is nominated, orders will be made appointing that person as the tutor in the proceedings.   

The Commission’s Pathway system will be updated to support the appointment of tutors.

The Commission continues to work through a range of other amendments that relate to workers compensation reform and will provide more information once the commencement dates and transitional arrangements are known.