Edition No.103
This edition was issued on 29 September 2026
Welcome
In this edition, tribunal users are advised that Procedural Direction PIC6 – Medical Assessments has been enhanced to require relevant applications for a medical assessment to include evidence of a dispute and evidence supporting the claim. This will ensure applications, including treatment and care disputes and impairment of earnings disputes, can proceed in a timely manner in line with the objects of our legislation.
I would like to remind practitioners seeking to lodge additional documents that their application must be supported by submissions addressing rule 67C of the Personal Injury Commission Rules.
Changes to workers compensation legislation regarding commutations commence on 1 October, and the Personal Injury Commission Rules 2021 will soon be updated to reflect this, as well as the Commission’s new power to approve lump sum death benefits. New and updated procedural directions are also available.
Tickets are selling fast for the centenary of workers compensation dinner to be held at Parliament House on 4 November. There are less than 20 spots still available, so if you would like to attend, don’t delay. It will also be the official launch for A Century of Service, the publication chronicling the incredible history of workers compensation in New South Wales over the past 100 years.
The Commission’s shutdown arrangements for the end of the year are now available, and tribunal users are urged to take note of our closure dates. As always, the Pathway Portal will remain open and parties can submit applications, associated documents and appeals during the shutdown period.
I would like to remind everyone that under the Court Security Act 2005 and Procedural Direction PIC1, audio and video recordings and photographs on the Commission’s premises are strictly prohibited. To help enforce this, smart glasses are not permitted to be worn on site, and any person found to be wearing them may be escorted from the building.
A new third party document production portal is now in place for documents that are requested under a Form P05 Direction for Production. This is an important part of our ongoing focus on cyber security that reduces the types of documents that need to be sent by email.
Finally, on behalf of the Commission, I would like to send my sincere condolences to the family, friends and former colleagues of Judge Chris Geraghty, a former Judge of the Compensation Court of NSW and the District Court of NSW, who passed away this month. Chris was a very civilised, gentle fellow and a very careful, highly regarded judge.
Regards,
Judge Phillips
President
Enhancements made to Procedural Direction PIC6
Consequent to the decision in Kewin v AAI Ltd t/as GIO Insurance [2026] NSWCA 86, the Commission has enhanced PD PIC6 – Medical Assessments to require that all medical assessment applications lodged at the Commission provide both evidence that a dispute exists and evidence supporting the claim being made.
For example, an application for assessment of a treatment and care dispute or an impairment of earning capacity dispute must provide evidence that demonstrates the existence of the dispute or disputes, and evidence that supports the assertion of the applicant as to the dispute or disputes.
These enhancements will ensure that applications can proceed in a timely manner upon lodgment at the Commission, which accords with both the objects of the Personal Injury Commission Act 2020 (PIC Act) under s 3 and the guiding principle under s 42.
Practitioners are also reminded of s 21(4) of the PIC Act which imposes an obligation upon each member of the Commission, medical assessors and parties to the proceedings and their representatives to comply with any applicable procedural direction.
Applications to admit late documents
Practitioners are reminded that when seeking to lodge additional documents, the Application for Additional Documents must be supported by submissions addressing rule 67C of the Personal Injury Commission Rules 2021.
The submissions are not to be pro-forma submissions simply quoting the Commission’s powers. They must explain why the introduction of the document (or documents) is necessary to facilitate the just, quick and cost-effective resolution of the real issues in the proceedings (see Procedural Direction PIC12 – 500 Page Limit and Additional Documents paragraph 8 and rule 67C of the Personal Injury Commission Rules 2021).
The Commission will not register and deal with applications where they are not supported by submissions.
Workers compensation reform update
Tribunal users are reminded that amendments to workers compensation legislation relating to commutations commence on 1 October 2026.
It is anticipated that relevant updates to the Personal Injury Commission Rules will be published soon. The supporting PD WC8 – Commutations is available now on the Commission’s website.
An updated Form 5A will not be available in the Pathway Portal until late October. In the interim, tribunal users should use the existing Form 5A – Application to Register a Commutation Agreement and provide the required information in their supporting material.
For more information on commutations, please refer to the workers compensation reform article published in edition 102 of the Personal Injury Commission News.
Updates to the rules will also support the Commission’s new power to decide on a compromised lump sum for a death benefit for deaths that occurred on or after 1 July 2026.
PD WC1 – Compensation payable on death has been updated to reflect the process and the evidence required for parties wishing to apply for a settlement of a lump sum death benefit.
For a proposed settlement agreement to be lodged, a Form 2D and a reply must have been lodged with the Commission and liability must be in dispute. All dependents must be a party to the dispute and have legal representation.
A new death benefits form and agreement template will be made available in the Pathway Portal later this year. Until then, a temporary PIC Death Settlement Agreement template is available to download on the Commission’s website. It must be lodged in the Pathway Portal together with the relevant evidence so it can be allocated to a member to determine.
If the matter is already on foot, a second member will consider the application while the substantive proceedings regarding the death dispute are held in abeyance.
If the settlement is approved, that finalises the matter. If it is not approved, the matter will be returned to the substantive member to determine the case if the matter is already on foot, or to another member.
Webinar for legal practitioners
To assist practitioners to understand these and other workers compensation reform changes, a webinar will be held on 11 November. Invitations will be sent closer to the event.
Visit our legislative reform page
A Century of Service
A limited number of tickets are still available for the 100 years of workers compensation dinner being held at Parliament House on 4 November.
The night will be a celebration of the history and the incredible people who have contributed to workers compensation over the past 100 years. It will also launch A Century of Service, a written history of the past 100 years, from the lead up to the passing of the Workers’ Compensation Act 1926 and the establishment of the Workers Compensation Commission through to the modern era that we know today.
A Century of Service will be published in the coming months and be available to purchase for $50.
Information on how to purchase a copy will be included in a future edition of the Personal Injury Commission News.
Advance copies will available to purchase at the dinner.
End-of-year shutdown
The Commission’s operations will close between Friday 25 December 2026 and Friday 8 January 2027 with operations to resume on Monday 11 January 2027.
Final dates for 2026 include:
- official sitting day: Friday 18 December 2026
- medical assessments: Friday 18 December 2026
- issuing of decisions: Friday 18 December 2026
- office closure: Thursday 24 December 2026.
Hearings may only take place in the week commencing 21 December with leave of the relevant Division Head.
Commission services and dispute resolution events will recommence on Monday 11 January 2027 including:
- medical assessments
- preliminary conferences
- conciliations and arbitrations
- assessment conferences
- mediations
- issuing of decisions.
The Pathway Portal will remain open, and parties will still be able to submit applications, associated documents and appeals during the shutdown period.
Please note that anything filed during the shutdown period that is time-sensitive will be deemed to be received by the Commission either at the time it is entered into the system or the next working day, in accordance with rule 26 of the Personal Injury Commission Rules 2021.
Security at the Commission
Tribunal users are reminded that the Commission’s premises are covered under the Court Security Act 2005, which prohibits the taking of audio or video recordings and photographs.
This includes any recordings taken using smart glasses, as well as other wearable devices and technology. Anyone suspected of using smart glasses or any other device to record at the Commission may be escorted from the premises.
Uniformed Sheriff’s Officers are stationed at the level 21 reception counter and conduct regular patrols throughout the Commission. Visitors may be asked to submit to security screening processes.
Tribunal users should be aware that the Court Security Act 2005 also includes anywhere an audio-visual link is used, meaning the prohibition of recording and photos extends to the Commission’s online hearings, medical assessments and other proceedings.
Of course, anyone who relies on this technology as an accessibility device in proceedings or attendance at the Commission may be exempted. Please let Commission staff know ahead of your attendance if you rely on such a device or if asked by NSW Sherriff’s Officers or Commission staff.
Third Party Document Production Portal
As part of its commitment to cyber security, the Commission has introduced a new Third Party Document Production Portal for documents requested under a Form P05 Direction for Production.
The new document portal provides a more secure and streamlined way for third party producers to submit most documents directly to the Commission online instead of sending documents via email.
Each sealed Form P05 Direction for Production now includes a Notice to Producer section containing the matter number and a unique online production code. The producer will use these details, together with their email address, to receive a secure link to upload the requested documents directly to the relevant matter.
The secure upload link will expire after 24 hours. Each uploaded file can be up to 2 GB, and larger files can be split into parts less than 2 GB. The Document Portal supports most file types including PDF and Word documents, emails, images, audio, and video files.
If you need to send files larger than 2 GB, please contact 1800 PIC NSW (742 679) for assistance.
If you require support with the Pathway Portal, please log a Digital Hub request.
Vale Judge Chris Geraghty
The Commission extends its condolences to the family, friends and former colleagues of Judge Chris Geraghty, who passed away this month.
Appointed as a Judge of the Compensation Court of NSW in 1993, and joining the District Court of NSW in 2003, Judge Geraghty retired in 2008. Before coming to the Bar, he was in the priesthood and was a journalist. In his retirement he wrote three books, including an account of his years in the seminary, Cassocks in the Wilderness.
Legislative reform
Keep up to date with how the Commission is operationalising the latest legislative changes on our webpage.
A centenary of service
Limited tickets are available for the 100 Years of Workers Compensation Dinner at NSW Parliament House on 4 November. Buy tickets.
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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