Edition No.100
This edition was issued on 24 July 2026
Welcome
In this edition, I would like to draw your attention to a new procedural direction that provides guidance to injured people who choose to represent themselves in Commission proceedings. While the Commission will always encourage all tribunal users to obtain legal advice before lodging an application before the Commission, we understand that in some cases they will choose not to. PD PIC16 outlines the requirement for self-represented litigants to comply with the Personal Injury Commission Rules 2021 and procedural directions, and the conduct that is expected of them when engaging with the Commission’s people.
Updates have also been made to Procedural Direction PIC1 to reflect recent amendments to the Industrial Relations Act 1996 (NSW) in relation to bullying and sexual harassment; the Court Security Act 2005 in relation to its coverage of Commission premises; and the Workers Compensation Act 1987 in relation to certification by parties under the new s 195.
Our work to operationalise the legislative reforms to workers compensation continues, with changes to Forms 2 and 2A being released soon. We will continue to communicate changes to our forms and processes with you.
Tribunal users are advised that the Commission will no longer accept consent orders from parties that discontinue proceedings as a result of of the decision in Sentinel Community Services Pty Ltd v Chesaites [2026] NSWPICPD 22.
I can report that preliminary performance numbers for the 2025–26 financial year show that the Commission received a record of over 21,400 dispute applications which represents a 24% increase from the same period last year. While the Commission has responded well, with finalisations also increasing, the significant workload is starting to put pressure on our matters on hand and clearance rates.
The Commission was saddened to learn of the recent passing of David Bowen whose contribution to personal injury dispute resolution reform and disability services over decades of service has been significant. The Commission’s General Member Belinda Cassidy has penned some words below, and all of us here at the Commission extend our condolences to his family, friends and former colleagues.
Finally, I would like to provide my sincere thanks to Geoff Parker SC for his services to the Commission and the people of NSW. Geoff retired as a presidential member of the Commission on 30 June, and we have been incredibly fortunate to have benefited from his incredible skills and knowledge as a senior silk. I wish Geoff the very best for the future.
Regards,
Judge Phillips
President
Guidance for self-represented litigants
The Commission has published a new Procedural Direction PIC16 – Self-represented litigants, which commenced on 14 July 2026 and applies to proceedings in the Commission’s three divisions.
PD PIC16 provides guidance for people who are not represented by a lawyer when participating in Commission proceedings. It explains the role of self-represented litigants, how the Commission’s processes work, and how it reaches a decision.
To support self-represented litigants in navigating Commission proceedings, the procedural direction outlines the key information they need to know before coming to the Commission and the accessibility support that is available to them. It also highlights the importance of preparing for proceedings to ensure compliance with the Commission’s rules and procedural directions.
PD PIC16 reflects the Commission’s commitment to supporting self-represented litigants by making the process and expectations clearer, helping the Commission to resolve disputes in a timely and cost-effective manner.
Conduct of parties during proceedings
Updates have been made to Procedural Direction PIC1 – Conduct of parties during proceedings to reflect a range of recent legislative amendments, including:
Industrial Relations Act 1996
Chapter 3A of the Industrial Relations Act 1996 now prohibits any person from bullying or sexually harassing another person in connection with the person being an employee. This includes the Commission’s decision-makers and staff. PD PIC1 has been updated to reflect these amendments, with paragraph 13(g) requiring representatives to not engage in inappropriate conduct against Commission members, decision-makers or Commission staff, including conduct that may constitute bullying or sexual harassment. Additionally, paragraphs 13(h) and (i) remind representatives of their obligations as ‘other persons’ at a workplace pursuant to s 29 of the Work Health and Safety Act 2011.
Court Security Act 2005
From 1 December 2025, NSW Sherriff’s Officers appointed under the Court Security Act 2005 have formally managed the Commission’s security services. Updates to PD PIC1 at paragraph 6 outline the security arrangements in place, including that:
- visitors are required to submit to security screening processes
- restricted or prohibited items are not to be brought onto the premises
- recordings or photos are prohibited.
Workers Compensation Act 1987
Under the new s 195 of the Workers Compensation Act 1987, the legal representative for the insurer must, at the time of lodging an application or a reply, certify that the insurer’s case has reasonable prospects of success, and the cost of the insurer’s action in commencing or defending the proceedings is proportionate to the claim and the significance of the issues in dispute. PD PIC1 has been amended at paragraph 18 to reflect this new requirement.
Read PD PIC1 - Conduct of parties during proceedings
Updated forms to support workers compensation reform
The Commission will soon launch updated versions of Form 2 – Application to Resolve a Dispute and Form 2A – Reply to Application to Resolve a Dispute to enable the collection of additional information required for disputes, arising from the recent changes to the workers compensation scheme in NSW.
Updates to Form 2 will include new questions to capture whether:
- the worker is an exempt worker
- a tutor is required
- there are any non-publication orders in place
- the dispute is about “a decision about Pre-Injury Average Weekly Earnings (made on or after 1 July 2026)”
- the worker has received a pre-reform impairment assessment
- the injury is a primary psychological injury and if the injury involves a dispute about “relevant conduct,” or
- an assessment is required for the purpose of section 39 weekly payments.
Updates to Form 2A will include questions to capture whether a tutor is required or if there are any non-publication orders in place, as well as additional questions for the respondent to raise any objection to the application on the basis of a dispute about relevant conduct that has not been determined by the Industrial Relations Commission.
Where Form 2 or 2A is being lodged by an insurer or insurer legal representative, there will also be a new certification to attest reasonable prospects of success and that costs incurred are proportionate.
Work continues to make updates to other Commission forms arising from the changes to workers compensation. We will continue to communicate these changes to you.
More information on legislative reform
Consent orders seeking to discontinue proceedings
As a consequence of the decision in Sentinel Community Services Pty Ltd v Chesaites [2026] NSWPICPD 22, the Registry will no longer be accepting consent orders from the parties that discontinue the proceedings.
Parties are requested to lodge an Election to Discontinue the Proceedings. Notations can be included if required.
Record filings received in 2025–26
The Commission registered more than 21,400 dispute applications in the 2025–26 financial year, its highest number since establishment and a 24% increase compared to the previous financial year.
The biggest increase has been in the Workers Compensation Division, with almost 14,000 applications representing a 27% increase compared to the previous year.
There were over 7,500 applications in the Motor Accidents Division, a 19% increase, which was primarily driven by an increase in medical disputes.
The Commission responded strongly, with finalisations 7% higher in 2025–26 than the previous year, however, these were unable to keep pace with the high volume of registrations. This has resulted in increased matters on hand and a reduction in clearance rates; however, average lifecycles have fluctuated only slightly.
Vale David Bowen
David Bowen was the third General Manager of the Motor Accidents Authority of NSW (the MAA), appointed to that position in 1998. He had come from the NSW Attorney General’s Department where he was instrumental in the development of the Administrative Decisions Tribunal (the work of which was subsumed into the NSW Civil and Administrative Tribunal).
The MAA had been established in 1988 upon the privatisation of CTP insurance, and David was tasked with implementing the 1999 tranche of reforms, in particular deploying the concept of whole person impairment as the means of limiting access to non-economic loss damages and developing the alternative (to the courts) dispute resolution services of CARS and MAS.
David was also the chief architect of the NSW Lifetime Care and Support Scheme which was established in 2006 after further reforms to the CTP scheme. He became the first CEO of the Lifetime Care and Support Authority.
David later went on to become the first CEO of the National Disability Insurance Agency, appointed from 2012 to 2017, bringing to fulfilment his lifelong commitment to supporting those with serious disability needs.
In 1999 David recruited the Commission’s General Member Belinda Cassidy into a key leadership role at the MAA. She in turn recruited many staff and decision-makers who remain with the Commission today.
David Bowen’s leadership and vision for the resolution of motor accident compensation claims outside the court system, is just one of his many legacies.
Our thoughts are with David’s wife, Bronwyn Healy, and his family.
Vale David Bowen
- By General Member Belinda Cassidy
Legislative reform
Keep up to date with how the Commission is operationalising the latest legislative changes on our new webpage.
Fact sheets and checklists
Preparing for a medical assessment? Our fact sheets outline what to expect and include checklists to support you every step of the way.
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
Subscribe if you have not received this newsletter directly from the Commission and would like to receive future editions.