Edition No.63

Welcome

In this edition, I am pleased to announce that we will be launching our single digital platform, Pathway, for all workers compensation users in June.

There is an update on the implementation of rule amendments to introduce a 500-page limit on certain applications and replies.

Just this week, the Commission published further resources to help explain some of the Commission’s key processes and events to injured people and other tribunal users.

Finally, time is running out to apply for one of two full-time member positions with the Commission. These opportunities don’t come up often and I strongly encourage suitable candidates to apply.

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

Regards, 

Judge Gerard Phillips
President

New ‘Pathway' single digital platform to launch for workers compensation users from 11 June 2024

The Commission’s single digital dispute resolution platform called ‘Pathway’ is scheduled to launch for workers compensation staff and decision makers on Tuesday 11 June 2024 and tribunal users on Wednesday 12 June 2024. This follows the successful implementation of the platform to motor accidents users in mid-2023.

Across the King’s Birthday long weekend preceding the Pathway implementation, the current workers compensation Comcase platform, including MyFiles and the Online Portal, will be decommissioned and the Pathway platform will be unavailable for motor accidents users. Details of the outage window will be communicated closer to the date.

The decision to launch follows lengthy development, testing and fine-tuning of the platform across many months and reflects confidence that the platform will meet the needs of its users. We would like to thank the many representatives of each cohort who have provided valued input across the development and testing processes for your time and feedback.

While Pathway has been based on the existing workers compensation platform, it is a brand-new platform with enhanced functionality that will bring many of the current offline processes online, with improved cyber-security protections. As such, there will be changes and the Commission’s workers compensation staff and decision makers and tribunal users will have new things to learn and different ways of doing things to get comfortable with.

What workers compensation users can do to make this new platform work as intended

While certain features of the Pathway platform will be familiar to workers compensation users, there will be new functionality to learn and business process changes to become accustomed with as we harmonise our practices across both divisions. It is therefore the duty of everybody who will be moving to Pathway to rapidly become competent in its use. We will assist you in quickly attaining this competence by rolling out a thorough program of education and training. Reference materials and dedicated support resources will be available to provide usage and technical assistance from go-live.

The deployment of every new IT platform is not without its challenges. If everybody is patient and we work together across the transition period, we are confident that all users will be satisfied with the functionality of the new platform.

The Commission will communicate directly with affected cohorts in the coming weeks regarding all aspects of the transition and welcomes your involvement in ensuring the Pathway launch for workers compensation is a success.

500-page limit

Work on the new 500-page limit is progressing well. The Rule Committee has unanimously resolved the final instructions to Parliamentary Counsel and the Procedural Direction supporting the rule change will also soon be available.

As readers of this publication will be aware, there was a consultation process undertaken with stakeholders on this proposal before it was considered by the Rule Committee. The proposed change has broad support which augers well for its implementation.

These amendments will introduce a new 500-page limit on the filing of certain dispute types to help the Commission meet the guiding principles of the Personal Injury Commission Act 2020 to only consider the real issues in a dispute quickly, cost effectively and with little formality. This will directly benefit injured people by increasing efficiencies in proceedings and addressing cyber security and privacy risks.

There will be no limit on the filing of additional material if it is necessary to facilitate the just, quick and cost-effective resolution of the real issues in the proceedings. Parties will be able to apply to submit additional documents and will need to explain how the additional material relates to the real issues in dispute.

A decision whether to allow the additional material to be filed will be made by an appropriate decision-maker as designated under the Personal Injury Commission Act 2020, either ‘on the papers’ or during a short online hearing.

The rule will not come into effect until well after Pathway for workers compensation has been implemented and users have had time to become familiar with it. Additionally, the Commission will give practitioners and users at least four to six weeks’ notice of the commencement of the rule.

New fact sheets published

The Commission has this week published 10 new fact sheets to help explain some of its key processes to tribunal users, particularly injured claimants and workers.

They are part of our response to the Report on the outcome of the two-year Statutory Review of the Personal Injury Commission Act 2020, published last year by the State Insurance Regulatory Authority.

They are designed to help tribunal users navigate some of the Commission’s key processes, such as how to lodge a dispute, the steps in personal injury dispute resolution, what to expect when participating in Commission events, how to apply for the de-identification or redaction of parts of a Commission decision, and how to navigate seeking legal advice.

The latest fact sheets follow the launch of our first fact sheet, What to expect at a medical assessment, published earlier this year.

The fact sheets are available at https://www.pi.nsw.gov.au/resources/fact-sheets and legal practitioners are encouraged to share these resources with their clients.

We welcome feedback on any other topics tribunal users would like covered.

Come work for us

Applications for two full-time members at the Personal Injury Commission close soon.

We are seeking a full-time member for each of our divisions – Motor Accidents and Workers Compensation – however, a candidate with the capability to be dual-appointed to both divisions would be highly competitive.

You can find out more and apply at I Work for NSW. Applications close on Friday 19 April 2024.

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If you have a question you would like to ask about the Commission, please email us at [email protected]

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