Edition No.83

Welcome

No doubt those who use the Commission’s services are following the debate about proposed changes to the workers compensation laws, particularly in relation to psychological injury. The Workers Compensation Legislation Amendment Bill 2025 dealing with this issue (and other matters) was introduced into the State Parliament on Tuesday 27 May 2025.

The Bill will now proceed through the usual Parliamentary process. Once it has passed, in whatever form the final draft takes, we will undertake a detailed review of the new laws. Obviously, we will review the Bill for possible changes that need to be made to our registry processes, rules and procedural directions to name but a few.

A reading of the Bill also reveals that some matters will be dealt with by regulation. With respect to these matters, we will need to see the regulation before determining what practical changes will be required on our part.

It is already clear, however, that we will have to adopt new rules and procedural directions for the appointment of tutors, the settlement of disputed death benefit claims and commutations. Once we see the form of the Bill as passed, we will consider what needs to be done and the sequencing of those actions coupled with some targeted consultation on the consequential changes. 

We will endeavour to give as much notice of any changes to our processes as we can, noting that commencement times are not within our control.

Finally, our advertisement for a full time Senior Member, Workers Compensation Division is now live. I would encourage qualified applicants to submit their application by 19 June 2025.

Read on for further updates, exciting Commission developments and opportunities.

Regards,
Judge Gerard Phillips
President

Recruitment news

The Commission is currently inviting applications from individuals with deep expertise, sound judgement and commitment to public service for two key roles. Both roles offer a unique opportunity to contribute to a transparent and independent personal injury dispute resolution service.

Senior Member, Workers Compensation Division
The Commission is currently recruiting a Senior Member in the Workers Compensation Division. The position demands a strong legal background with a superior level of knowledge of workers compensation law and practice, coupled with demonstrated alternative dispute resolution and facilitation skills and experience.

Demonstrated leadership and coaching or mentoring experience will also be highly regarded. The full-time role will be based in Sydney with some travel required.

Applications close: 19 June 2025 at 9:59am.

Medical Assessor
The Commission is seeking expressions of interest from suitably qualified Ear, Nose and Throat (ENT) Surgeons to conduct assessments for hearing loss injuries. Surgeons should be able to conduct assessments from their own medical rooms in Newcastle, Sydney CBD or utilise the Commission’s medical suites in Darlinghurst which includes a built in ENT hearing booth and separate testing room equipped with an Amplivox 270 audiometer.

Ideal candidates will have 5+ years’ clinical experience in their medical specialty and have been trained or intend to be trained on the ENT Specialty Module for Motor Accidents (AMA 4) and Workers Compensation (AMA 5).

Applications close: 16 June 2025 at 9:59am.

Important reminders

Notice of discontinuance form for resolved disputes – Motor Accidents Division
Where parties to proceedings resolve the dispute(s) that are the subject of the proceedings, the proceedings must be formally finalised. This can be done in a number of ways under the Personal Injury Commission Rules 2021 (Rules). For example, the Rules allow for a dispute to be determined by consent order, as provided for in rule 71.

Alternatively, the proceedings can be discontinued under rule 76. If the proceedings are to be discontinued, the party who commenced the proceedings should lodge a Notice of Discontinuance with the Commission. The Notice will be sealed and a sealed copy provided to the parties. The Notice of Discontinuance can be found in the Pathway Portal via the New Form button on the Matter Details page.

Access Personal Injury Commission Rules 2021

Expectation for insurer attendance and authority at conferences and mediations
There have been recent instances where insurer representatives have not been present at preliminary conferences, arbitration hearings and mediations, or those representatives who have attended have not had the relevant authority to provide instructions. This has prevented or delayed the timely resolution of disputes in accordance with our statutory obligations.

Insurers are reminded of their obligations as outlined in Procedural Direction 1 (PD 1) and Procedural Direction WC4 (PD WC4).

Clause 35 of PD 1 – scheduled conferences
As with preliminary conferences, all parties must be available at the time of the scheduled conference and have appropriate authority to provide instructions to resolve the dispute. Insurance claims officers must attend in person.

Clause 51 of PD WC4 – mediations
All parties, including the worker and the insurance claims officer, are required to attend the mediation. If the mediation venue is an in-person venue, then all parties and the insurance claims officer are expected to attend in-person. In exceptional circumstances, the Division Head may excuse an in-person attendance on application by a party in writing. Where the parties consider that the presence of a third party (non-employer) is required to settle the claim, the principal registrar will invite, but cannot compel, the third party to attend the mediation.

Adhering to these obligations is essential to ensure meaningful participation by the parties and to facilitate the just, quick and cost effective resolution of disputes.

Access all Commission Procedural Directions

Pathway updates

Live now: Form P01 Application to Lodge Additional Documents (ALAD) and Reply Forms
The recent enhancements to the Pathway Portal have successfully streamlined the way additional documents and late replies are submitted, marking a significant step forward in improving the overall user experience.

The updated forms include intuitive check-buttons and simplified questions, helping users clearly identify the purpose of their submission or provide clear reasons for late filings. This not only supports procedural fairness but also helps decision makers process applications more efficiently.

By reducing ambiguity, standardising submissions, and enabling quicker decision-making, the Commission is delivering on its vision to deliver timely and innovative justice for injured people in NSW.

Access Pathway reference guides

Coming soon: enhanced portal delegate access
The Commission will soon be rolling out a new Pathway Portal function allowing users to become delegates for multiple contacts within a firm. This enhancement is designed to align more closely with the operational structure of many law firms and to streamline case preparation workflows.

With this new feature, a contact assigned to a matter will be able to assign a delegate to assist with case preparation. Importantly, delegates will be able to be assigned to one or more contacts, allowing them to support multiple people within the firm.

This will eliminate the previous need to assign all support staff as Super Users—an approach that often resulted in:

• a cluttered interface, displaying superfluous matters unrelated to the delegate
• the cyber security risk of sharing login credentials

Instead, each delegate will be created as a unique user within the Pathway Portal, ensuring more precise access, enhanced security, and a more streamlined user experience.

With this new feature scheduled to go live next month, now is an ideal time to review access permissions and portal roles within your organisation.

Access the Pathway Portal

Call for content

To submit stories, materials or photographs for the workers compensation centenary publication, email [email protected].

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