Edition No.92

Welcome 

Earlier this month, changes to the Workers Compensation Legislation Amendment (Reform and Modernisation) Act 2025 passed through NSW Parliament. This was the second Act dealing with workers compensation passed in recent months. We will be dealing with these changes in a methodical and orderly fashion as detailed below. Please be assured we will keep tribunal users updated as this progresses while continuing to focus on our current work priorities.

That includes managing the significant dispute filings the Commission continues to receive across both the Motor Accidents and Workers Compensation Divisions. A range of initiatives are being implemented to respond. 

The Supreme Court recently handed down its decision in Kewin which confirms that it is for the Commission to determine whether a medical dispute exists for the purpose of s 7.20 of the MAIA. As such, I remind practitioners that applications for threshold injury disputes must include medical evidence supporting the asserted injury classification.

Practitioners are also reminded that all motor accident medical dispute applications, with the exception of permanent impairment, must include documentation showing the internal review status, otherwise they may be rejected.

On 24 March, the Commission will join with the Australian Institute of Administrative Law (NSW) for a joint seminar on administrative law issues and the Personal Injury Commission, chaired by Justice John Griffiths, Acting Judge of the NSW Court of Appeal. Please save the date.

Artificial intelligence remains a priority issue for the Commission due to the risks it poses to the administration of justice, and I will deliver several speeches on this and other topics in the coming weeks. Please keep an eye out for copies of these speeches on the Commission’s website, and I will continue to discuss this topic in future editions of the Personal Injury Commission News.

Finally, this month we kicked off our first reference group meetings for the year, which commences our regular engagement with legal and CTP insurer representatives on key activities and issues for the year. I look forward to our ongoing collaboration with tribunal users throughout the rest of 2026.

Regards,
Judge Gerard Phillips
President

Workers compensation reform

The Commission is currently considering its approach to the changes to workers compensation legislation which were passed by the NSW Parliament in 2025 and 2026. While the changes are significant, the Commission will take the time to operationalise them in a considered and orderly way, with some work already underway. 

Where possible, there will be a focus on using existing forms, rules and procedural directions; however, there will need to be some changes to how we do things.

Tribunal users should note that section 58A will provide the Commission with the power not to publish a decision. Section 58 provides a presumption in favour of publication, and an application under s 58A will need to show why that presumption should be rebutted. Once it commences, this power will sit with the President alone and will not be delegated. Applications for non-publication will need to be made in writing to the President.

The Commission will continue to update tribunal users as work on the changes progresses.

Significant filings continue

The Commission received significant filings across the Motor Accidents and Workers Compensation Divisions in the second half of 2025, with the trend expected to continue in the near term. While finalisations remain strong, published data shows that matters on hand have increased. The Commission is implementing a range of initiatives to meet this demand and is also calling on legal practitioners to play their part.

Read more 

Medical evidence in threshold injury disputes

A recent decision in the Supreme Court has confirmed that whether a “medical dispute” exists for the purpose of s 7.20 of the MAIA is a matter for the Commission to determine.

In Stephen John Kewin v AAI Limited t/as GIO Insurance [2025] NSWSC 1425 (Kewin), the Commission declined to refer a claimed psychological non-threshold injury for assessment on the basis that the material lodged was insufficient, relying on Procedural Direction PIC6. The claimant sought judicial review of that decision.

The Court dismissed the proceedings, finding that:

• it is for the Commission to determine whether there is a medical dispute for the purposes of s 7.20 of the MAIA which can be referred for assessment; and
• Procedural Directions, including PIC 6, guide the Commission’s exercise of its statutory functions. Where evidence required by the Procedural Directions is absent, the Commission may conclude that no medical dispute arises.

Parties are reminded that threshold injury dispute applications must include medical evidence supporting the asserted injury classification. If there is no evidence of the claimed threshold/non‑threshold status, the Commission may refuse to refer the dispute for assessment.

Internal review requirements for motor accidents medical disputes

Practitioners are reminded that all motor accident medical disputes, with the exception of permanent impairment, must be supported by documentation showing the internal review status.

Under Section 7.19 of the MAIA and Rule 105, one of the following must be established before a medical dispute (other than permanent impairment) can be referred for assessment at the Commission:

• an internal review of the insurer’s decision has been completed; or
• the timeframe for internal review has expired; or
• the insurer has declined to conduct an internal review.

The Commission requires clear evidence satisfying one of these preconditions for each dispute raised. Where such evidence is not been provided, applications may be partially rejected or rejected in full.

Event: Administrative law issues and the Personal Injury Commission

The Commission will next month host a joint seminar with the Australian Institute of Administrative Law (NSW) on the topic of ‘Administrative law issues and the Personal Injury Commission’.

Chaired by Justice John Griffiths, Acting Judge of the NSW Court of Appeal, the seminar will include 2 presentations:

• Jnana Gumbert, Jack Shand Chambers – Judicial review of Commission decisions
• Andrew Stone SC, Sir Anthony Mason Chambers – the role of medical assessors

The event will be held on 24 March. Registration details will be released soon.

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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