Non-publication or non-disclosure orders

Guidance on the Commission’s new non-publication and non-disclosure order powers, highlighting the strong presumption in favour of publication, the evidence required to support applications, and the limits on retrospective use of the provisions.

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Non-publication or non-disclosure orders

10 Sep 2026

Section 58A of the Personal Injury Commission Act 2020 (the 2020 Act) commenced on 27 March 2026 and allows for non-publication and/or non-disclosure orders to be made with respect to proceedings. 

Thus far there have been a small number of applications and, where orders have been granted, those decisions have not been published.

However, tribunal users intending to make an application under s 58A must be aware that s 58 of the 2020 Act, when read together with s 3(b), (d) and (e), constitutes a statutory presumption in favour of publication. This presumption is rebuttable if the President is satisfied in accordance with the provisions of s 58A(1) of the 2020 Act. 

Orders under s 58A of the 2020 Act are not to be made lightly. Cogent reasons, based upon evidence, are necessary to rebut the presumption in favour of publication.

A number of applications for orders under s58A have been made in relation to decisions which are two to three years old. The provision commenced on proclamation which was 27 March 2026 and is not of retrospective effect. Applications under r132 can be made after a decision has been issued, providing relief from the seven-day period is sought under r6. Such applications ought to address the factors found in r132(4).

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