Edition No.72

Welcome

In this edition I am incredibly pleased to announce that Principal Member Josephine Bamber has been appointed as the Acting Division Head of the new Police Officer Support Scheme Division. Please join me in congratulating Jo on this important appointment.

Next Thursday, the Commission will host a special webinar on the upcoming rule amendments which will introduce the new 500-page limit on supporting material for certain initiating applications and replies. I encourage anyone who brings matters before the Commission to attend.

I would like to extend my deepest condolences to the family, friends and colleagues of the late John O’Meally AM, RFD, who sadly passed away over the long weekend.

Finally, the details of the Commission’s shutdown arrangements at the end of the year are included for your information.

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

Regards, 

Judge Gerard Phillips
President

Acting Division Head appointed to lead the new Police Officer Support Scheme Division

Last week the Attorney General appointed Personal Injury Commission Principal Member Josephine Bamber as the inaugural Division Head of the newly opened Police Officer Support Scheme Division.

The Police Officer Support Scheme replaces the former Police Blue Ribbon Insurance Scheme, and the dispute resolution function has been conferred on the new division. It commenced on 27 September 2024.

Jo is an incredibly capable and committed decision-maker who has been with the Commission since its inception and with the former Workers Compensation Commission before that.

Her appointment is on an acting basis for 12 months commencing Monday 7 October 2024 to enable the establishment of the Division. An open recruitment process will be conducted next year for the role.

Congratulations, Jo on this important appointment.

There will be much work to be completed over the coming months as the Commission reviews its rules and procedures, appoints decision-makers to the Division and updates its internal procedures.

Applications to lodge a dispute under the new scheme can be made by completing the amended Form 2 (Application to Resolve a Dispute) which is available on the Commission’s website at https://www.pi.nsw.gov.au/lodge-a-dispute/applying-online

500-page limit webinar

The Commission will host a special webinar for legal practitioners and insurers next week to explain the rule amendments that will introduce a 500-page limit to material supporting certain initiating applications and replies.

The session will include important information about the application of the rule amendments and procedural directions, as well as how parties must upload supporting material to Pathway and how they can make an application to submit additional documents. There will also be an overview of some of the other Pathway enhancements.

The webinar will be held at 4pm on Thursday 17 October 2024 and we will make a recording available for those who are unable to attend.

The rule will commence either later this year or in early 2025 and it is important all practitioners are aware of how it will work before then. We will provide four to six weeks’ notice ahead of the commencement date once known.

Vale John O’Meally AM, RFD

It was with great sadness that the Commission learned of the passing of John O’Meally AM, RFD this weekend past.

One of the great gentlemen of the law and, at his retirement in 2011, Australia’s longest-serving judge, John was a giant of personal injury law who has left an enormous legacy for the benefit of the citizens of this State.

John was called to the Bar in 1964, then appointed to the Bench in 1979, retiring in November 2011 after 32 years’ distinguished service. He served as a Judge of the Compensation Court of NSW, the District Court of NSW, and courts in Papua New Guinea, Antigua and the Eastern Caribbean. But it was his appointment as the inaugural President of the Dust Diseases Tribunal (DDT) in 1989 where his lasting contribution to the law was made.

Plaintiffs suffering from asbestos diseases were dying before their cases could be heard in the mainstream courts. The DDT was the response to this tragedy and was immediately a very innovative tribunal. It led the way in the practice of concurrent expert evidence. It allowed the reception of general medical evidence to be admitted in any proceedings before the tribunal. And it was swift. Plaintiffs who were victims of mesothelioma and other asbestos-related diseases needed quick justice which John and his new tribunal delivered.

For his service to the judiciary and the community, John was awarded the Order of Australia.

Those of you who knew him saw a man of great learning, intellect and compassion. But also a wonderful sense of humour. To appear in his court tested not only one’s knowledge of the law, but also the history of Australia, Ireland and the Catholic Church (not always in that order).

To his family, friends and colleagues in law, the Commission extends its deepest condolences.

End-of-year shutdown

The Commission’s operations will completely close between Monday 23 December 2024 and Friday 3 January 2025 with operations to resume on Monday 6 January 2025. 

Key dates to note:

• 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.

Operations will recommence as follows:

• 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.

Thanks to the introduction of the Pathway Portal, parties will still be able to submit material via the portal during the shutdown including all applications, associated documents, and appeals. Pathway platform support will still be available during the shutdown.

Anything filed during the shutdown period that is time-sensitive, such as appeals, will be received by the Commission at the time it is entered into the system or the next working day in accordance with rule 26 of the Personal Injury Commission Rules 2021.

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