Edition No.91

This edition was issued on 27 January 2026

Welcome to 2026

As you know, this is the centenary year celebrating 100 years of the Workers Compensation Commission in its various guises. We are writing a history of that fabulous century of service which we will publish later in the year. To get the ball rolling we will include in various editions of the Personal Injury Commission News during this year, short historical vignettes from the history we are collating. Today, we remember Judge John Williams Q.C. 

This is also reminder for anyone who has any stories or photos from the Workers Compensation Commission or Compensation Court to please send them to history@pi.nsw.gov.au.

Last year saw increased filings across both the Workers Compensation and Motor Accidents Divisions. These increased filings continued over the Christmas – New Year period and I have not seen filings at the level experienced during a shutdown during my time as President. I have set out below the actions we are taking to cope with this situation.      

I would like to remind practitioners that amended rules and new procedural direction relating to artificial intelligence, the operation of the Police Officer Support Scheme Division, late review applications in some motor accident matters and a range of other updates commenced on 1 January 2026 and are now in force. All practitioners must familiarise themselves with these changes.

I wish you all an enjoyable and successful 2026.

Regards,
Judge Gerard Phillips
President

Increase in filings

Filings across both the Workers Compensation and Motor Accidents Divisions continue to be strong. During 2025, they were well above the average filings observed for the past 8-9 years:

  • In Motor Accidents the Commission received over 5,100 motor accident medical disputes in the 2025 calendar year, an increase of more than 750, or 17%, when compared to 2024. Finalisations for the calendar year were less than lodgements, at just over 4,900 medical disputes, resulting in a clearance rate (finalisations compared with lodgements) of 96%.
  • In Workers Compensation, Form 2 (including Form 2D) applications to resolve a dispute rose to over 8,500 in the 2025 calendar year, an increase of more than 21%. Finalisations have largely managed to keep pace with the increase in filings, but at the end of December the clearance rate for Form 2 (including Form 2D) had decreased to 95% for the calendar year.

In order to meet this increased demand, the Commission has taken the following actions:

  • Several of the Commission’s staff worked over the government’s shutdown period to register disputes and undertake case management activities during that period.
  • In response to the increased 2025 filings and the view that this is likely to continue, a large number of the Commission’s members have been appointed to more than one division. This will give us far greater flexibility to deploy decision maker resources to where it is most needed.
  • We are working on obtaining greater availability from the Commission’s medical assessors and we continue our efforts at recruitment for this group.
  • The Commission welcomed two new full-time members on Monday 19 January 2026. Mr David Cooper and Mr Jeff Gabriel are vastly experienced practitioners who will contribute to the Commission’s work.

Practitioners also have an important part to play by ensuring their clients understand the importance of attending their medical assessment, not only for the timely resolution of their matter, but also for the claims of other injured people.

We will continue to keep this situation under constant review and are considering what other actions can be taken to ensure matters are dealt with as soon as we can. However, in these difficult times for the schemes – workers compensation in particular, the task for the Commission during 2026 will be to contend with this increased workload with the resources that we have. This means we will continue to look at how we can enhance our operations and processes to achieve this goal. 

As this work continues, tribunal users may experience an increase in the time taken to register and allocate matters to decision makers, and an increase in the time to resolve some disputes. However, the timely resolution of disputes remains our highest priority.

Artificial intelligence in Commission proceedings

Amendments to the Personal Injury Commission Rules 2021 regarding generative artificial intelligence (Gen AI) commenced on 1 January 2026, as outlined in Resolution 8 of 2025. The response from the profession has been positive.

These are critical changes that align the Commission with other courts and tribunals, ensuring confidence in the justice system is maintained. They provide clear direction on the use of Gen AI in Commission proceedings and the preparation of evidence in matters brought before the Commission:

  • Rule 33A prohibits the use of Gen AI to produce written statements and requires a statement that Gen AI has not been used. Where Gen AI is used to generate an annexure to a statement, that must be disclosed.
  • Rule 33B provides that Gen AI must not be used in expert reports unless it is disclosed. 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.
  • 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.

These rules are supported by the new Procedural Direction PIC 13 – Use of Generative AI and updates to Procedural Direction PIC 3 and Procedural Direction PIC 4.

Other rule amendments

Also commencing on 1 January 2026 were amendments to the Personal Injury Commission Rules 2021 relating to the Police Officer Support Scheme, applying for an extension of time for motor accidents matters, and a range of other minor updates, as outlined in Resolutions 5, 6 and 7 of 2025.

The new and amended rules relating to the Police Officer Support Scheme mirror, where possible, 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. 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.

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.

A range of other minor amendments have also been made.

Celebrating a centenary of workers compensation

Later this year the Commission will acknowledge a centenary of workers compensation, marking 100 years since the commencement of the Workers Compensation Act 2026.

From the Workers Compensation Commission to the Compensation Court of New South Wales, back to the Workers Compensation Commission and more recently the Personal Injury Commission, this specialised tribunal has played an important role in serving the injured workers and employers of this state.

The Commission will mark the centenary with a ceremonial sitting and a published history to be released later in the year.

Keep an eye on future editions of the Personal Injury Commission News for details on our centenary celebrations and excerpts from the centenary publication.

Judge John Williams QC was a barrister and long-time judge of the original Workers Compensation Commission and Compensation Court (1964-1985). Born in Newcastle, Judge Williams attended St Ignatius College, Riverview and St John’s College at the University of Sydney where he earnt his Bachelor of Laws.
Judge Williams was a Captain in the 2nd AIF serving in the Asia-Pacific theatre 1940-46. He was also the prosecuting counsel at the post war Ambon War Crimes trials, immortalised in the movie Blood Oath starring actor Bryan Brown as Judge Williams.

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.

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

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