Interim changes for workers compensation applications and replies

Recent changes to workers compensation legislation means tribunal users will need to provide additional details in their workers compensation application or reply from 1 July 2026.

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Interim changes for workers compensation applications and replies

30 Jun 2026

Recent changes to workers compensation legislation means tribunal users will need to provide additional details in their workers compensation dispute application or reply from 1 July 2026.

The Personal Injury Commission is in the process of reviewing and updating its rules and procedural directions, where necessary, as well as several forms. While these are being completed, tribunal users are asked to provide additional information in their submissions as an interim measure.

Additional information to be provided

  • Whether the worker is an ‘exempt worker’
  • Whether the claim is for a primary psychological injury first notified on or after 1 July 2026.
  • Whether the claim for a primary psychological injury involves a dispute regarding ‘relevant conduct’ within the meaning of Chapter 7, Part 3, Division 3A  of the Workplace Injury Management and Workers Compensation Act 1998 , and if so, whether the 'relevant conduct’ has been determined by the Industrial Relations Commission (with any determination to be attached to the application).
  • Whether the dispute relates to a decision about Pre-Injury Average Weekly Earnings (PIAWE) made on or after 1 July 2026.
  • Whether the worker had a permanent impairment assessment or an agreement about permanent impairment prior to 1 July 2026 (a ‘pre-reform impairment assessment’).
  • Whether there is a dispute about permanent impairment relating to an assessment after 1 July 2026 (an ‘interim period assessment’) or a further assessment on the basis of an ‘unexpected and material deterioration’.
  • Whether a permanent impairment assessment is required for the purpose of an entitlement under section 39 of the Workers Compensation Act 1987, and if so, the date of the entitlement ceasing.
  • Whether there is a party in the proceedings under legal incapacity requiring the appointment of a tutor.
  • Whether there is a non-publication order issued by another jurisdiction concerning the application.
  • For insurers: Certification that their case has reasonable prospects of success and that the cost of the insurer’s action in commencing or defending the proceedings is proportionate to the claim, in line with s 195(2) of the Workers Compensation Act 1987.

Next steps

The updated procedural directions and any new rules, if needed, will be published on the Commission’s website in the coming months, as well as a range of updated forms in the Pathway Portal.

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