Edition No.80

Welcome

Last week, I issued a new Direction to all decision-makers concerning the adoption of the Guidelines for New South Wales Judges in Respect of Use of Generative AI. Decision-makers will be adhering to this Direction as the development of Commission-specific rules and procedural direction progresses.

I would like to remind all parties to proceedings and their representatives and agents that Procedural Directions are statutory instruments and must be complied with without exception.

In July 1926 the Workers' Compensation Act 1926 was passed by the NSW Parliament, marking a significant milestone in the evolution of workers’ rights. Unlike previous acts, the 1926 Act established a stand-alone tribunal – originally the Workers Compensation Commission, which now operates within the Personal Injury Commission – to hear and determine claims.

Next year we celebrate 100 years of the Commission’s operations, and a special committee has been formed to create a publication chronicling this centenary milestone.

We are calling for stories, materials and in particular photographs that could enrich this publication. If you have anything to contribute, please contact my office at [email protected].

Elsewhere in this edition, you will find additional Commission updates and reminders.

Regards, 

Judge Gerard Phillips
President

Stood Over List (SOL)

In Edition 79 of PIC News practitioners were reminded that an extension of time or request for restoration of a matter from the SOL must be lodged in accordance with Procedural Direction MA1 via the new “submission/correspondence” button in Pathway.

Submissions are required in support of requests to extend or restore a SOL matter. For example, if the claimant has an upcoming medico-legal appointment, details of the date should be provided.

The Commission has updated its approach for applications to lodge additional documents (ALADs) for SOL matters. Most ALADs lodged for matters on the SOL will now be determined once the damages matter is restored from the SOL and allocated to a member.

Please limit lodging ALADs while the matter is stood over unless directed by the Commission or when required to support a submission requesting an extension/restoration of the matter. For example, a treating health practitioner’s report addressing whether the claimant’s injuries have sufficiently recovered and/or further treatment is required.

Review Procedural Direction MA1

Rail network disruptions

Commission staff and litigants may have recently been impacted by the ongoing industrial action affecting Sydney trains. While services are currently stable, the situation is constantly changing, and further disruptions may be expected.

The Commission is committed to delivering timely services and fair outcomes for injured people in NSW. This means that every effort will be made to ensure in-person dispute resolution events and medical assessments go ahead as scheduled.

If you are unable to attend on time, please inform the Commission as soon as possible, so that alternative arrangements can be made.

By working together cooperatively, we can help minimise disruption and ensure that disputes continue to move forward smoothly.

Check the Commission contact details

Housekeeping - lodging documents with the Commission

The Commission has noted some frequently asked questions in relation to lodging documents and would like to help clarify some of the key points raised.

Document organisation
Rule 67 requires documents lodged with the Commission to be paginated, indexed and sorted by document category. Procedural Direction PIC3 provides clarity on how this rule is to be met.

While Procedural Directions are statutory instruments and must be complied with, it should be noted that paragraphs 13-14 of Procedural Direction PIC3 outline a recommended style of index sorted by document category. While this style of index is the Commission's preferred approach, it is a recommendation only and not a requirement under the rules. A document that does not adhere to this format will not be rejected.

Time of lodgement
Documents lodged with or served on the Commission electronically are taken to be received on the day it is submitted in the system, or the next working day if it is received after 5pm.

Rejected documents
A document, including applications or replies, can be rejected by the Commission if it does not comply with applicable legislation, rules or procedural directions.

If a document is rejected, the Commission will provide reasons and guidance on how to amend it. In accordance with rule 17(3), time continues to run for the applicable proceedings for which a replacement document is lodged. For the purposes of calculating any timeframes such as appeals or reviews or directions, the date in which the replacement document is lodged is taken as the operative date.

Urgent documents
If a lodged document requires urgent attention, please call the Commission on 1800 PIC NSW (1800 742 679) and ask for it to be prioritised.

Review Procedural Direction PIC3

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