Edition No.71

Welcome

In this edition I provide an update on the new 500-page limit and highlight the key points practitioners should understand about the new rule. This rule is anticipated to commence in late 2024 or early 2025, so I encourage you to start planning and review the resources available on the Commission’s website.

Last week a Bill passed both Houses of Parliament to create a new Police Officer Support Scheme to replace the existing Police Blue Ribbon Insurance Scheme. I can advise that the new scheme commences tomorrow, 1 October 2024, and the Commission will have responsibility for resolving disputes under the new scheme.

I also outline the Commission’s end-of-year shutdown arrangements, including important dates to note. While the Commission’s operations will completely close during this period, the Pathway portal remains available.

Finally, I would like to remind practitioners that expressions of interest are closing soon for our mediator cohort.

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

Regards, 

Judge Gerard Phillips
President

Understanding the new 500-page limit

Work is progressing on the important enhancements to the Pathway Portal that will enable a smooth transition to the Commission’s 500-page limit rule later this year or in early 2025.

As you will recall, we will introduce a 500-page limit on supporting documents filed with certain initiating applications and replies to help meet our statutory mandate to deal with the real issues in a dispute quickly, cost effectively and with little formality.

It is important that practitioners start to plan for this change. You can find the draft rule, procedural directions and other helpful material on our dedicated website page. To further support legal practitioners and insurers to understand the purpose and impact of the 500-page limit, the Commission will host an informative webinar in October with invitations to be sent to relevant parties soon.

Remember, there will be no limit on material over 500 pages, provided it relates to the real issues in the dispute. Parties will be able to make an application to submit additional documents and must show how the additional material relates to the “real issues in the proceedings” as contemplated in the Guiding Principle, s 42 of the Personal Injury Commission Act 2020.

Practitioners will receive four to six weeks’ notice before commencement of the rule.

Commencement of the new Police Officer Support Scheme from 1 October 2024

Last week the Police Amendment (Police Officer Support Scheme) Act 2024 passed through both Houses of the New South Wales Parliament. It creates a new support scheme for police from 1 October 2024, replacing the existing Police Blue Ribbon Insurance Scheme. The dispute resolution function of the scheme is conferred on a new division of the Personal Injury Commission.

We have recommended that a Division Head be appointed to the new division and will soon commence a review of our rules and procedures. We are also looking at making a number of dual appointments to the new division. All police scheme matters will be listed before a dual member in accordance with how matters are dealt with in the Workers Compensation Division. We will also examine our internal procedures to ensure a streamlined process for related workers compensation and police officer support scheme matters to ensure they are dealt with by the same member at the same time.

An amended Form 2 (Application to Resolve a Dispute) is now available on our website to download and complete in relation to disputes under the new scheme. The form can be lodged by emailing [email protected].

The Commission will continue to provide updates as this work progresses.

End-of-year shutdown

• The last official sitting day of the Commission is Friday 13 December 2024. However, matters may be listed by exception with Division Head approval during the week of 16 December 2024.
• The Commission’s offices will close at 4.30pm on Friday 20 December 2024.
• There will be no medical assessments or preliminary conferences conducted after Friday 20 December 2024.
• In the Workers Compensation Division, there will be no medical assessment certificates, certificates of determination, consent orders, mediation certificates and medical appeal panel certificates issued between Monday 23 December 2024 and Friday 3 January 2025.
• In the Motor Accidents Division, there will be no medical assessment certificates, medical review panel certificates and certificates/statements of reasons issued between Monday 23 December 2024 and Friday 3 January 2025.

• The Commission's offices will reopen at 8:30am on Monday 6 January 2025.
• Medical assessments will recommence on Monday 6 January 2025.
• Decisions and certificates will be issued from Monday 6 January 2025.
• Preliminary conferences, conciliation/arbitrations, assessment conferences and mediations will recommence on Monday 13 January 2025.

Reminder: mediator recruitment

Practitioners are reminded that 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.

Have a question about the Personal Injury Commission?

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

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