Edition No.90

Welcome

This year has been another busy period for the Commission during which we saw record filings across the Motor Accidents and Workers Compensations Divisions and continued work on the establishment of the Police Officer Support Scheme Division. We have also seen changes to workers compensation legislation passed by government, with more to come in February when Parliament resumes, and we will deal with the necessary rule and procedural direction amendments early in the new year.

I would like to pay my respects to the family, friends and colleagues of the late Dr Neil Berry, who passed away recently following a period of ill health. As one of our former medical assessors, Dr Berry made a significant contribution the to the Commission’s work serving the injured people of NSW. 

Increased filings are anticipated to continue in 2026. We have a substantial number of medical assessments scheduled for motor accidents medical disputes early in the new year and will need the ongoing support of practitioners to ensure their clients attend. You can read more below.

Amendments to the Personal Injury Commission Rules 2021 and new and amended procedural directions governing the use of generative artificial intelligence in Commission proceedings will commence on 1 January 2026. Rule amendments relating to the Police Officer Support Scheme, and the test for an extension of time to file a review of a medical assessment or merit review in the Motor Accidents Division will also be introduced, as well as a range of other minor amendments. The rule amendments are now available on the NSW legislation website, and the procedural directions have been sent to practitioners. 

Cyber security remains a high priority for the Commission, and I would like to reiterate the importance of notifying the Commission if your firm is subject to a cyber breach.

Finally, the Commission’s operations will close from 25 December 2025 and our shutdown arrangements for the 2025–26 holiday period are detailed below.

I wish you all a very Merry Christmas and a restful festive season.

Regards,
Judge Gerard Phillips
President

Vale Dr Neil Berry

The Commission sends its condolences to the family, friends and colleagues of the late Dr Neil Berry, who passed away earlier this month.

Dr Berry was a respected medical assessor who enjoyed a long career in decision-making with the Commission and its former agencies for more than 20 years. His contribution to the Commission’s work serving the injured people of NSW was significant. He was a member of the Commission’s original Medical Assessor Reference Group, and conducted medical assessments, medical review and medical appeal panel matters. 

Dr Berry retired from the Commission in May 2024 due to ill health.

Motor accidents medical dispute filings

The increase in motor accident medical dispute filings seen in 2025 is anticipated to continue in the new year, and meeting this increased demand will be one of the Commission’s highest priorities for 2026. The Commission will continue to implement a range of actions, including maximising the number of assessment appointments and better utilising medical assessor availability. 

A large number of medical assessments have already been scheduled for early 2026, and the Commission is seeking the assistance of practitioners to ensure their clients attend their scheduled assessment. It is critical that claimants and injured workers understand the importance of attending the appointments as rescheduling or cancelling not only impacts the timely resolution of that person’s dispute but can also impact others.

The use of artificial intelligence in Commission proceedings

New and amended rules and supporting procedural directions to address the rapidly changing nature of generative artificial intelligence (Gen AI) will commence on 1 January 2026. These important changes bring the Commission into line with other courts and tribunals and aim to contend with the risks Gen AI can pose to the administration of justice.

• Rule 33A will prohibit the use of Gen AI to produce written statements and require a statement that Gen AI has not been used. Where Gen AI is used to generate an annexure in a statement, that must be disclosed. It is expected that the content of a statement reflects the knowledge or opinion of the person giving the statement, and not Gen AI.
• Rule 33B provides that Gen AI must not be used in expert reports unless it is disclosed, and where it is not used, the report must include a statement noting this.
• Rule 133B prohibits the use of AI technology, programs or tools in any Commission proceedings, including those which are commonly used as assistants by legal practitioners to record and transcribe meetings. This poses a cyber risk and raises concern as to the confidentiality of proceedings.
• Rule 133C requires that where Gen AI is used in the preparation of written submissions, it must be verified in the body of the submission that all references to evidence, citations, legal and academic authority and case law and legislative references exist, are accurate, and are relevant to the proceedings. Any use of Gen AI to prepare written submissions or arguments does not qualify or absolve the author(s) of any professional or ethical obligations to the Commission or the administration of justice.

The new Procedural Direction PIC 13 – Use of Generative AI (Gen AI) provides guidance on Gen AI, including its risks and limitations, and adopts to the extent practicably possible, the Use of Generative Artificial Intelligence (Gen AI) Practice Note SC Gen 23 of the Supreme Court of New South Wales for consistency in approach and to maintain public confidence in the integrity of decision making by the Commission. Additionally, updates have been made to Procedural Direction PIC 3 and Procedural Direction PIC 4 to support the new rules. 

Legal practitioners must read and familiarise themselves with the new Procedural Direction PIC 13 and associated rules, and ensure that their clients, and/or investigators who are obtaining or preparing statements, expert reports, or preparing submissions for the purposes of proceedings are aware of these requirements.

Police Officer Support Scheme

Updates to the Personal Injury Commission Rules 2021 will commence on 1 January 2026 to facilitate the operation of the Police Officer Support Scheme Division established by the Police Amendment (Police Officer Support Scheme) Act 2024. 

Where possible, the new and amended rules mirror those in the Workers Compensation Division to increase efficiencies and reduce trauma for injured police officers who already have a workers compensation dispute before the Commission. The Commission intends to streamline disputes in both divisions and ensure they are heard by a dual member, creating a streamlined dispute resolution process for parties.  

It is important that practitioners who intend to bring matters before the Police Officer Support Scheme Division familiarise themselves with these new and amended rules.

Changes to rule 133A

Amendments to rule 133A will change the test to apply for an extension of time to file applications for a review of a medical assessment or a merit review under the Motor Accidents Compensation Act 1999 and Motor Accident Injuries Act 2017, aligning it with the test for applications to appeal to a medical appeal panel in the Workers Compensation Division.

Under a new rule 133A(5)(b), the decision-maker may extend the time for making an application for review if “satisfied special circumstances exist to justify an increase in the statutory period to make the relevant application”.  

This will replace the existing test existing rule 133A(5), where a decision-maker may make an order to extend the statutory period if satisfied that “in exceptional circumstances, that to lose the right to make the relevant application would work demonstrable and substantial injustice.” This test will cease to apply for applications for extensions of time made after 31 December 2025. 

Procedural Direction PIC 7 – Appeals, reviews, reconsiderations and correction of obvious errors in medical disputes and Procedural Direction MA 6 – Review of a single merit review by a review panel have been updated to reflect these rule amendments.

Reporting cyber breaches

Practitioners are reminded to notify the Commission immediately if they become aware of a cyber security breach at their firm. This is a critical step in ensuring the Commission can continue to maintain the strongest cyber security protections for the information that it holds. 

We also ask any Pathway users who are subject to a breach or have been targeted by a phishing attack to change their passwords, or we can organise a reset for you.

You can report a cyber breach to the Commission by calling the Digital Support Team via 1800 PIC NSW (1800 742 679).

It is important we all work collaboratively to identity and prevent cybercrime and keep safe the information of the injured people we serve.

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.

Annual Review

The Personal Injury Commission’s Annual Review for 2024–25 is now available. Read it online on the Commission’s website.

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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