Edition No.94

Welcome 

Work is continuing on implementing a range of other amendments as part of the workers compensation reform, including the Commission’s approval of commutations, and the settlement of death benefits. Further updates in relation to these changes will be made in future editions of the Personal Injury Commission News and information will also be made available on the Commission’s website where we have created a new legislative reform page.

Regards,
Judge Gerard Phillips
President

Restricting the publication or disclosure of Commission decisions or information

The President of the Commission will have the power to make ‘relevant orders’ restricting the publication or the disclosure of decisions or information in Commission proceedings.

This power includes the ability to make orders not to publish a decision under s 58A of the PIC Act, which commenced on 27 March following amendments passed as part of workers compensation reform.

The new power is relevant to all divisions of the Commission. It will sit with the President alone and will not be delegated. Under s 58A, an order can be made if the President is satisfied it is ‘desirable’ to make an order, because of the ‘confidential nature of evidence or another matter’, or for ‘another reason'.

The new rule 133D provides that a written application for a relevant order must be made and served on the parties. Any party wishing to respond to an application must do this within three days. The President will consider the application and response, including consent of the parties, in addition to any other matter in accordance with s 58A.

The circumstances that may be considered include where a non-publication order has been issued in another tribunal or court. Practitioners must bring this to the Commission’s attention

A new procedural direction is being drafted to guide tribunal users on non-publication, redaction or de-identification of Commission decisions, and will be published in future.

Applications under s 58A can be made via a submission in Pathway. Practitioners should submit the application under their firm’s letterhead, and it must contain the reasons a non-publication order is sought.

A member can also refer a matter to the President for consideration.

Applications for the redaction or de-identification of Commission decisions can still be made in line with r 132 of the PIC Rules.

The appointment of tutors and alignment with authorised representatives

From 27 March 2026, a new Section 43A within the PIC Act enables the Commission to appoint a tutor for a person under a legal incapacity who is unable to manage their own affairs.

A tutor can be any person who does not have an adverse interest to the person under legal incapacity. In most circumstances, it may be a trusted friend or relative of the person under legal incapacity, or, if necessary, the Commission may now appoint a Guardian directly from the Department of Communities and Justice's Guardian Ad Litem Panel.

This means parties will no longer need to separately approach the NSW Civil and Administrative Tribunal to have a guardian appointed.

Under s 43A(3), tutors must be legally represented to commence or carry on proceedings in the Commission.

Section 43A(5) grants the Commission power to make rules to govern the conduct of tutors and for their removal if required, and this is now provided for under the new r 64A of the PIC Rules. This new rule provides the expectations around tutors, including that they act in the best interests of the person under legal incapacity, carry on proceedings in the same way the person under legal incapacity would.

A member will be able to appoint a tutor at various points during proceedings, or a tribunal users can make an application for a tutor to be appointed via Pathway, which will be allocated to the relevant member. Where a person already has had a tutor appointed, the Commission will consider this appointment.

To be appointed, under r 64A(3), a tutor will have to confirm their consent to take on the role; that they have no interest adverse to the person who is under legal incapacity, and that they will comply with the PIC Rules and procedural directions.  For example, this includes compliance with Procedural Direction PD 1 – Conduct of Parties, which applies to tutors as well as parties and legal representatives. The new rules 64(4) to 64(7) further sets out expectations as to the conduct of tutors, including that they are expected to take reasonable steps to understand and represent the person under legal incapacity, and attend proceedings at the Commission.

Once a tutor has been appointed, the member will issue an order noting the appointment. Where necessary, the Commission may also order the removal of a tutor at any time (r 64A(8)). This removal of a tutor may be necessary where the person ceases to be under legal incapacity, or the tutor no longer consents to the appointment, or, the Commission observes conduct in proceedings that is adverse to the interests of the person under legal incapacity.

Persons under legal incapacity in the Motor Accidents Division must be represented by an “appointed representative” appointed by the Commission under s 7.47 of the Motor Accidents Injuries Act 2017 and in accordance with the Motor Accidents Guidelines. Rules around this appointment are provided for under r 97 of the PIC Rules.

In efforts to harmonise the appointment of, and expectations of all persons representing claimants under legal incapacity (whether a tutor or an appointed representative), r 97 has also been amended to align with the new 64A.

The Commission is now working to create a procedural direction for the representation of persons under legal incapacity in an effort to harmonise expectations and processes, where possible, across divisions.

Fact sheets, checklists

Preparing for a medical assessment? Our 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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