Edition No.52

Welcome

In this edition, we have the post-launch progress report on the Pathway single digital platform which is now in use for all Motor Accidents disputes. I’d like to thank everyone for their cooperation and support during the project’s implementation.

We also have guidance on requirements for directions to serve recipients outside of New South Wales.

I will be in touch with another edition of the Personal Injury Commission News soon.  

Regards,

Over 1000 Motor Accidents users join Pathway

It has been three weeks since we implemented the new single digital platform called ‘Pathway’ for Motor Accidents staff, decision makers and Commission users. Since launch, almost 900 legal representatives, 100 legal delegates, and 100 CTP insurer staff have registered for and commenced using the platform.

Encouragingly, 300 applications have been lodged on the platform since launch, almost 200 decisions have been shared with parties and over 60 dispute resolution events have been booked using the new technology.

The migration of data to Pathway was completed on 19 June and all Motor Accidents matters are now available only on the new platform.

Early data shows the platform is performing as it was designed and, more importantly, users are adapting quickly and enthusiastically to the improved platform. User feedback has been overwhelmingly positive.

The Commission has implemented some minor platform enhancements to date to improve the user experience and we will continue to deliver planned enhancements over the next few months to further improve usability.

The successful implementation of Pathway places us well on our way to realising one of the Commission’s highest strategic priorities: to create a seamless digital journey for injured people and tribunal users through a single digital platform, engaging all users in the digital transformation journey and never compromising operational excellence.

Our work to date augurs well for the transition of Workers Compensation users early next year, marking the second phase of harmonising the online dispute resolution experience of all users, decision makers and staff across the divisions.

The ongoing success of the platform relies on those who use it becoming familiar with its operation. You are encouraged to interact with it regularly, seek support when needed and offer feedback to help improve the system.

Remember, there is a whole library of user guides and e-learning materials available on the Commission website to refer to, and the Commission’s MA Support team is available to provide assistance in using the platform or to report technical issues for resolution. Please contact them via email at [email protected] or call 1800 742 679 (1800 PIC NSW) and select ‘2’ from the menu.

We would like to repeat our sincere gratitude to everyone who engaged with the comprehensive education and training program prior to the Pathway implementation, which has clearly made a major beneficial contribution to its smooth uptake.

Directions for production of information outside the State of New South Wales

In recent months there has been a rise in the number of non-compliant applications for the service of directions for production outside the State of New South Wales.

Practitioners are reminded of the procedural requirements contained in Procedural Direction PIC9 – Production of Information and Calling of Witnesses with respect to directions they seek to serve on recipients outside of New South Wales.

It is a requirement that directions for production are properly addressed to an individual or the correct legal entity name of a company or a registered body.

For directions for production to be served outside New South Wales, an application for leave must accompany the direction which addresses requirements under sections 30 and 57 of the Service and Execution of Process Act 1992 (Cth). These requirements are outlined in Procedural Direction PIC9:

1. Adequate reasons for the service of the direction outside New South Wales must be provided, addressing why the direction is necessary in the interests of justice. It is not sufficient to rely on the fact a member has ordered/directed that the direction for production be made, and
2. Enough time must be provided to comply with the direction without causing serious hardship or inconvenience, or to allow the producer to make an application for relief from the direction. A period of a minimum of 14 days must be given for the return of the documents unless reasons are provided for a shorter timeframe.

In the Workers Compensation Division, an application for leave to serve a direction outside of New South Wales can be made within the Direction for Production Form 8.

In the Motor Accidents Division, the application for leave is to be made by way of separate submissions addressing the above requirements, attached to the direction.

In Work Injury Damages matters, where a Direction for Access to Information and Premises (Form 11) is lodged, an application for leave is to be made by way of separate submissions which address the above requirements and also provide evidence that there is no dispute that the degree of permanent impairment of an injured worker is at least 15% WPI, being the threshold sufficient to satisfy a claim for Work Injury Damages as required by s 318I of the Workplace Injury Management and Workers Compensation Act 1998.

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