Edition No.70

This edition was issued on 4 September 2024

Welcome

In this edition I outline some important recruitments the Commission will undertake in 2025 for several key high profile roles. Additionally, expressions of interest are open now in our mediator cohort. I encourage any suitably qualified practitioners to take a look at these roles.

I would like to provide an update on the allocation of medical review panels, noting that there are currently some delays, particularly for panels which relate to a psychiatric or psychological injury.

Practitioners are reminded about their conduct while taking part in Commission events.

Finally, I would like to reiterate the Commission’s decision publication policy. While the Commission must publish decision under s 58 of the Personal Injury Commission Act 2020 (the Act), applications for the de-identification or redaction of a decision can be made at any time during proceedings under rule 132.

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

Regards, 

Judge Gerard Phillips
President

Member recruitment in the Workers Compensation Division

In 2025, several of the Commission’s very experienced and highly regarded full-time members in the Workers Compensation Division will be retiring. They include a Deputy President in the Presidential Unit, a Principal Member, a Senior Member and a General Member.

These four positions are all significant full-time roles at the Commission and do not become available very often.

Recruitments will take place in 2025 with the roles commencing at different times in the second half of 2025. To enable all candidates an opportunity to apply for any or all of these roles, the recruitment will be staggered, commencing with the Deputy President position.

The Commission will formally advertise the roles, starting with the Deputy President in late 2024, with interviews to take place in the first quarter of 2025. The remaining roles will follow. An information pack for each role will be available in the advertisement.

If you are interested in applying for these roles, please keep an eye out for further information in the Personal Injury Commission News and other channels between now and Christmas.

Mediator recruitment

The Commission is currently seeking expressions of interest for suitably qualified mediators to work in the Commission’s Workers Compensation Division.

Mediators are appointed by the President of the Commission under Division 4.2 of the Act and play a vital role in mediating work injury damages disputes. Last year, the Commission conducted more than 2,000 mediations.

Expressions of interest must be lodged with the Commission by 5pm, Tuesday 1 October 2024. More information is available here.

Allocation of medical review panels

The Commission is currently experiencing some delays in allocating medical review panels, which is associated with the increase in first instance medical assessments the Commission has completed in recent years. This is compounded by the high demand for psychiatric and psychological specialists in both the medico-legal field and indeed in the community. This is causing some delays in allocating medical review panels, particularly those which involve a psychiatric or psychological injury. We have implemented a range of actions to address this, including ongoing targeted recruitment of medical specialists and the introduction of mutual recognition of high-use specialties across both divisions. We are also committed to ongoing communication with impacted parties to keep them up to date.

Practitioner conduct

The Commission expects all parties to a dispute to behave respectfully when engaging with each other and the Commission. Unfortunately, in a small number of cases, the Commission has received reports of poor behaviour towards members and mediators by practitioners, including bullying.

Bullying and other inappropriate behaviour has no place in Commission proceedings. While the vast majority of practitioners are both courteous and professional, the Commission is reminding all practitioners of their obligations under Procedural Direction PIC 1, particularly the section, “Expectations of Representatives”. Compliance with the Commission’s Procedural Directions is a mandatory obligation under s 21(4) of the Act.

Practitioners are also reminded about appropriate attire when attending proceedings, whether in person or online. While most practitioners dress professionally, there have been occasions where unprofessional attire has been worn, especially in online hearings.

Please note that members and mediators have been instructed to adjourn proceedings where a practitioner is not appropriately attired and to not resume until this situation has been remedied.

Publication of decisions

The Commission would like to remind practitioners about the capacity to apply to de-identify or redact certain Commission decisions or parts thereof under rule 132 of the Personal Injury Commission Rules 2021. 

Whilst justice takes place in the open, and the publication of decisions under s 58 of the Act is in keeping with that long standing legal principle, certain cases allow for the de-identification or redaction of decisions (or parts thereof), particularly due to their facts and potential for harm being occasioned to parties or witnesses.  

Practitioners are best placed to judge whether such an application should be made in any individual case given their knowledge of the facts, parties, and witnesses.

An application can be made at any time during proceedings and ideally such an application should be made at the hearing.

You may also wish to share the Commission’s fact sheet on the publication of Personal Injury Commission decisions with your clients. It is available on the Commission’s website.

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