Edition No.87
This edition was issued on 2 October 2025
Welcome
This issue contains a number of reminders and updates that support the integrity and effectiveness of the Commission’s work.
The use of artificial intelligence (AI) remains top of mind. A recent case involving a lawyer who submitted false, AI-generated citations resulted in a substantial penalty. This case has highlighted the serious consequences of misusing AI in legal practice.
In light of this, the legal profession, and all parties in general are reminded that AI assistants and any type of automated recording systems are prohibited in Commission proceedings.
Until the Commission’s rules governing the use of AI are released by the Parliamentary Counsel, I urge you to exercise extreme caution when using AI tools in general. If you are unsure whether a tool is permitted, assume it is not.
Operationally, there has been a significant increase in lodgements for motor accidents medical disputes in the first quarter of 2024-25. This has placed pressure on our Medical Services teams, and I want to acknowledge their exceptional response. The Commission will of course continue to keep tribunal users informed of further developments.
Finally, I would like to remind all parties of the importance of timely applications for de-identification under rule 132. As noted in PIC News #86, if there is any concern that the publication of personal details may impact a claimant’s health, safety, or wellbeing, an application for de-identification should be made prior to the issuance of a decision.
Read on for further updates and reminders from the Personal Injury Commission.
Regards,
Judge Gerard Phillips
President
AI assistants prohibited in Commission proceedings
The use of Artificial Intelligence (AI) tools in Commission proceedings is prohibited. This includes virtual AI assistants or background bots that record and analyse conversations.
Commission proceedings often involve sensitive, confidential or legally protected information, and the presence of AI tools – whether actively participating or passively monitoring – compromises both the privacy and procedural integrity of matters.
The Commission has recently observed instances where AI tools have joined virtual hearings and medical assessments, either inadvertently or through integrated virtual platforms. This is a serious concern. If AI tools are detected in proceedings, they will be immediately removed.
The Commission’s rules governing the use of AI are close to being completed by the Parliamentary Counsel. In the meantime, please exercise caution when using AI and disable all AI tools before joining Commission-related proceedings.
Additionally, please be reminded that rule 113 of the Personal Injury Commission Rules 2021 expressly prohibits the recording of medical assessment proceedings unless full consent is obtained.
Surge in motor accident medical disputes lodgements
Tribunal users are advised that there has been a 19% increase in filings for motor accident medical disputes in Q1 of the 2025-26 financial year compared to the same period last year. September 2025 saw a record number of medical disputes lodged (557), the highest in the Commission’s history. The monthly average for this quarter was 492, up from 390 in 2024-25 and 355 in 2023-24.
While finalisations and clearance rates have remained strong throughout 2025, they are unlikely to keep pace if filings remain at this level or increase further. This may lead to a rise in matters on hand.
Readers may recall that at the end of the COVID-19 pandemic, the Commission had a backlog of around 4,600 medical disputes on hand (as of 1 January 2022). Every month thereafter we reduced the number of cases on hand with the aim of getting matters on hand down to approximately 2,000. Whilst the backlog has all but been eliminated (only seven cases remain), the recent surge in filings has seen the Commission’s medical disputes on hand increase for the first time since the end of the pandemic. Inevitably if this trend continues, waiting times for medical assessments will increase.
As before, the Commission remains proactive, and will continue to optimise resources wherever possible (e.g. utilisation of medical appointments), strengthen internal processes and keep all tribunal users informed of developments through this newsletter.
Pathway updates
A number of enhancements have recently been made to Pathway to improve its functionality and strengthen the way information is shared.
To promote a more consistent style of correspondence, allocation emails sent from Pathway will now include the official title of Commission decision makers - such as Member, Medical Assessor, Mediator, or Merit Reviewer. This enhancement follows feedback from users seeking clearer identification of decision makers in communications.
In addition, delegates of Pathway Portal users can now be copied (CC’d) on emails sent to the individuals they support. This improvement ensures delegates stay informed and can provide timely assistance without the need for Super User access, which helps reduce interface clutter and enhances security.
While these updates may seem minor, they are crucial steps toward delivering a more streamlined and secure experience on Pathway.
Users currently relying on Super User access are strongly encouraged to transition to Delegate access.
New users can become a delegate by following the guide below.
Access the Pathway Portal Delegate Quick Reference Guide
Unauthorised use of Commission logo
Recent cases have brought to light a concerning issue involving the unauthorised use of the Commission logo by legal firms in respondent submissions.
The Commission logo incorporates the State Arms of NSW, which are protected under the State Arms, Symbols and Emblems Act 2004. Under Section 6 of the Act, unauthorised use of the State Arms is prohibited unless expressly permitted by the NSW Attorney General.
Firms are urged to immediately review and remove any unauthorised logos or statements that imply Commission endorsement or certification.
What do you think of our website?
Please complete this short, 2-minute survey to help shape our upcoming website refresh.
Call for content
To submit stories, materials or photographs for the workers compensation centenary publication, email history@pi.nsw.gov.au.
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 communications@pi.nsw.gov.au
Subscribe to Personal Injury Commission News here
Subscribeif you have not received this newsletter directly from the Commission and would like to receive future editions.