Edition No.56

Welcome

In this edition, I draw your attention to a recent Supreme Court decision that provides guidance on transitional provisions of our enabling legislation.

The Commission is currently recruiting new general members (sessional) in our Workers Compensation Division, and I encourage suitably qualified legal practitioners to apply.

Finally, I would like to remind you all of the Commission’s end-of-year shutdown arrangements.

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

Regards, 

Judge Gerard Phillips
President

NSW Supreme Court decision of note

The NSW Supreme Court recently handed down a decision providing guidance on the transitional provisions of the Personal Injury Commission Act 2020 (PIC Act).

In Dimos v Gordian Runoff Limited [2023] NSWSC 1151, Justice Schmidt considered the construction of cl 14D of Schedule 1 of the PIC Act. Her Honour determined that an application involves an “unexercised right to commence non-court proceedings” and is therefore subject to pre-Commission guidelines, where the right to make the application:

• existed immediately before the establishment of the Commission and
• had not yet been exercised before that day.

The Supreme Court held that an applicant bears the onus of establishing that their matter involves an unexercised right to commence non-court proceedings, and that the transitional provisions therefore apply.

Full decision here.

Commission seeks new general members (sessional)

The Commission is currently recruiting new general members (sessional) in the Workers Compensation Division, and we urge suitably qualified and experienced practitioners to apply.

This is a fantastic opportunity to contribute to the Commission’s important work providing a transparent and independent dispute resolution service for injured people in NSW, insurers and employers.

Sessional general members may be based in Sydney or regional locations and some travel may be required. Applications close at 10am (AEST) on Wednesday, 18 October 2023.

A full job information kit and how to apply is available here. Applications can be made via I work for NSW.

Christmas and New Year shutdown 2023/24

The Commission’s operations will completely close from Monday 25 December 2023 to Friday 5 January 2024 with normal operations to resume on Monday 8 January 2024.

Key dates to note:

• The last official sitting day of the Commission is Friday 15 December 2023. However, matters may be listed by exception during the week of 18 December 2023.
• There will be no medical assessments conducted between Monday 25 December 2023 and Friday 5 January 2024.
• There will be no certificates issued between Monday 18 December 2023 and Friday 5 January 2024, however, the Commission will receive certificates up until COB on Friday 22 December 2023.

Commission events will recommence on Monday 8 January 2024.

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