Edition No.5

This edition was issued on 4 June 2021

Welcome

Welcome to the latest edition of Personal Injury Commission News.

The Commission has moved into its fourth month of operation and is continuing to lay the foundations of a tribunal that will serve the citizens of New South Wales for a long time to come.

This edition provides information about the Commission’s hearings, our continued harmonisation of business processes and technology, a recent decision of note, an update on a presentation I gave recently and news of the latest updates to the Motor Accidents Portals.

I trust you are continuing to find this publication useful and look forward to providing further updates in the next edition.

Sincerely
Judge Gerard Phillips

Reminder Regarding Hearing

Please note that the majority of the Commission’s hearings will continue to be held virtually for the foreseeable future, in accordance with Procedural Direction PIC10 – Hearings during COVID-19.

I, as President of the Commission, am able to approve applications for in-person hearings in certain circumstances as outlined in PIC 10. If approved, an in-person hearing must be arranged by Commission staff and must only be held at the Commission’s premises. The hearings cannot be arranged by other parties or held at offsite venues.

Single Videoconferencing Platform for the Commission Rolling Out

The Personal Injury Commission will progressively move all videoconferencing to a single platform over the coming months.

This is part of our initiative to harmonise the Commission’s processes and platforms wherever possible and will position us well to continue offering virtual proceedings as part of our access options post-pandemic and ongoing.

Microsoft Teams has been selected as the Commission’s single platform for videoconferencing. It was selected as it is a whole-of-government application, provided by a well-established vendor, that meets the Commission’s requirement to conduct virtual meetings stably and securely. Teams also offers all the functionality required to successfully convene, hold and report on proceedings.

Teams is the platform currently used for motor accidents assessments and hearings within the Commission and has worked successfully for that purpose to date. It will remain in place for motor accidents proceedings ongoing.

From next week, we will commence a process of transitioning workers compensation hearings and mediations to Teams, which will progress in a phased approach through to September 2021.

The Commission will support all parties through the transition to ensure they are comfortable participating in videoconferences on Teams as and when they need to use it.

I will provide further information on the implementation as it progresses.

Speech to Sparke Helmore Lawyers

I had the opportunity to present to the team at Sparke Helmore on 19 May, where I provided an overview of the Commission and highlighted key areas of interest for the insurer and legal professions. I was pleased to receive positive feedback about the transition to the Commission and to hear supportive views regarding our mission as a new, modern tribunal. Read the speech on the Commission’s website here.

Recent Decision Regarding Jurisdiction

Please note the following recent decision regarding jurisdiction made by the Civil and Administrative Tribunal of New South Wales: Commins v President, Personal Injury Commission of NSW [2021] NSWCATAD 138.

Improving the Commission's Motor Accidents Portals

The Commission’s ongoing program of work to improve the user experience of its Motor Accidents Portals achieved another milestone this week, with the implementation of a range of new enhancements.

These include:

  • An issue that was preventing users from resetting their own passwords has been resolved.
  • Portal users can now identify disputes that are in the stood over list.
  • Legal Portal users can now nominate another person to be appointed as a representative of a claimant under a legal incapacity and a consent form is available to be completed by the nominated person.
  • Decision Maker Portal users will notice several improvements to calendar and list views and information that has been added to help them identify document submitted dates.

The detail regarding these changes was issued to the Portal users directly on Monday.

I remain committed to responding to your feedback about these Portals and am continuing to deliver additional improvements each month.

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