Edition No.89

Welcome

I am delighted to share that the Commission’s 2024–25 Annual Review has now been tabled in Parliament. The reporting year saw the Commission continue to finalise more disputes than it received, despite increased filings across both the Workers Compensation and Motor Accidents Divisions. The Review also highlights the establishment of the new Police Officer Support Scheme Division, the introduction of the 500-page limit and the successful completion of our 2022–25 Strategic Plan. I commend it to you for reading.

The Commission will soon welcome two new general members to the Workers Compensation Division, greatly assisting with the increased filings we continue to experience. Jeffrey Gabriel and David Cooper bring a wealth of experience in workers compensation matters and will commence in January. This follows the appointments announced in previous editions of PIC News, with a Ceremonial Sitting held at 1 Oxford Street earlier this month to formally welcome them to the Commission. A further Ceremonial Sitting to mark these two newest appointments will take place in due course.

We continue to see high motor accident medical dispute filings in November. You can read more about the trends we are seeing, what the Commission is doing to meet the demand, and what legal practitioners can do to assist us. You will also find information on workers compensation filings.

I would like to remind practitioners of the procedural requirements for appeals against the decision of a Presidential member. You can read more about this below.

You will also find information on the NSW Sherriff’s Office taking over the Commission’s security arrangements on Monday 1 December. These changes bring us into line with many other courts and tribunals across the state.

Finally, as the end of the year approaches, please ensure you are aware of the Commission’s shutdown arrangements for the 2025–26 holiday period.

Regards,
Judge Gerard Phillips
President

Annual Review

The Commission’s 2024–25 Annual Review is now available and summarises what has been an incredibly busy year for the Commission. The Commission continued to finalise more matters than it received, with 17,298 dispute applications registered and 17,869 dispute applications finalised. There were over 20,000 dispute resolution events across the year, with 94% of workers compensation disputes and 95% of motor accidents disputes resolved without formal determination. Almost 1,700 decisions were published.

The year also saw the establishment of the new Police Officer Support Scheme Division, enhancement of the Commission's rules, including the introduction of the 500-page limit, and the achievement of the final key milestones of the Commission’s Strategic Plan 2022–25. The Commission was also recognised for the delivery of the single digital platform, Pathway, with a Department of Customer Service Award for Excellence in Digital Delivery.

The Annual Review can be accessed on the Commission's website

New general members to commence in January

The Attorney General has appointed two new general members to the Personal Injury Commission’s Workers Compensation Division.

Jeffrey Gabriel is a senior dispute-resolution executive with 18 years’ experience in personal injury. An accredited specialist in personal injury and a nationally trained mediator, Jeffrey was the acting Independent Review Officer from December 2023 to February 2025 and has held a number of director roles.

David Cooper has lengthy experience in private practice in workers compensation, having acted on behalf of both applicant workers and respondents over the past 29 years. He was admitted as a legal practitioner in 1996, as a Barrister and solicitor of the Supreme Court of the ACT later that year, and as a solicitor of the High Court in 1997.

Jeffrey and David will commence in their roles on 19 January.

Motor accidents medical dispute filings increase

The Commission is continuing to experience a surge in medical dispute filings in the Motor Accidents Division, with preliminary figures from November showing that matters continue to be registered at historically high levels. Year to date data to the end of October shows filings just under 2,000 (see below), which represents an 18% increase from the same time last year. If that increase was to continue, the Commission would see over 5,500 medical dispute filings by the end of the financial year.

As outlined in the previous edition of PIC News, this increase is putting significant pressure on our panel of medical assessors. While the Commission’s finalisations remain high, the increase in filings has seen registrations surpass finalisations for the first time since the COVID pandemic, meaning our matters on hand have increased, as depicted below.

While the average lifecycle of Motor Accident medical disputes has trended down in recent years, we have recently seen a slight increase driven by increased filings as shown below.

The Commission is continuing to do all that it can to meet the demand and reduce the impact this will have on the timely resolution of medical disputes. This includes:

• accelerating the scheduling of first instance medical assessments
• increasing medical assessment availability
• commencement of phase 2 of the Psychiatric Medical Review Panel (MRP) Pilot in the new year.

The Commission continues to urge legal practitioners to explain to their clients the importance of attending their medical assessment, for both the timely resolution of their matter as well as the resolution of matters of other injured people. The three new medical assessment fact sheets produced by the Commission clearly explain the physical, psychiatric and occupational therapy medical assessments process and provide practical guidance on what injured people can expect and how to prepare. Practitioners are asked to share these with their clients.

Workers compensation timeframes

Workers compensation filings have seen a significant increase across the year. Practitioners are advised that the usual timeframes associated with registration and listing may be extended. If your matter is urgent, please contact the registry via help@pi.nsw.gov.au.

Procedural requirements for appeals

The Commission reminds practitioners of the procedural requirements for parties when pursuing an appeal or notice of intention to appeal against a decision of a Presidential Member under s 353 of the Workplace Injury Management and Workers Compensation Act 1998.

In accordance with rules 51.42 and 51.8 of the Uniform Civil Procedure Rules 2005 parties must serve on the Commission a copy of any notice of intention and notice of appeal.

The Commission has encountered multiple occasions where parties have not served on the Commission a notice of appeal or notice of intention to appeal lodged in the Court of Appeal. It is important that the Commission be notified that these proceedings are on foot.

New security arrangements at the Commission

The NSW Sherriff’s Office will officially take over security arrangements at the Personal Injury Commission from 1 December 2025, strengthening our security framework and bringing us into line with other courts and tribunals.

The Commission’s premises will be covered under the Court Security Act 2005, which will mean the following changes for tribunal users visiting us at 1 Oxford Street, Darlinghurst:

• uniformed Sheriff’s Officers will be stationed at the level 21 reception counter and conduct patrols throughout the Commission
• visitors may be asked to submit to security screening processes
• restricted or prohibited items are not to be brought onto the premises

recordings or photos are prohibited.

End-of-year shutdown

The Commission’s operations will close between Thursday 25 December 2025 and Friday 9 January 2026 with operations to resume on Monday 12 January 2026.

Final dates for 2025:

• official sitting day: Friday 19 December 2025
• medical assessments: Friday 19 December 2025
• issuing of decisions: Friday 19 December 2025
• office closure: 4:30pm Wednesday 24 December 2025.

Commission services and dispute resolution events will recommence on Monday 12 January 2026, including:

• medical assessments
• preliminary conferences
• conciliations and arbitrations
• assessment conferences
• mediations
• issuing of decisions.

The Pathway Portal remain open, and parties will still be able to submit applications, associated documents and appeals during the shutdown period.

Please note: anything filed during the shutdown period that is time-sensitive will be deemed received by the Commission either at the time it is registered into the system or the next working day, in accordance with rule 26 of the Personal Injury Commission Rules 2021.

Fact sheets & checklists

Preparing for a medical assessment? Our new fact sheets outline what to expect and include checklists to support you every step of the way.

Complaints policy

The Commission’s updated Complaints Policy reinforces a commitment to respectful, transparent, and fair complaint handling.

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

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