Edition No.95
This edition was issued on 22 April 2026
Welcome
In this edition you will find details of two new procedural directions which support the new s 58A and s 43A of the Personal Injury Commission Act 2020. The new powers, which relate to restricting the publication of Commission decisions and information, and the appointment of tutors, commenced last month together with new and updated rules. They are part of the government’s workers compensation reform package but apply to all divisions of the Commission.
I would like to remind practitioners of their obligations to report any cyber security breaches in their firms to us immediately so we can continue to maintain the strongest cyber security protections for the information we hold.
Tribunal users joining online Commission events should be aware that from later this month they will need to complete a CAPTCHA verification check before joining the event. This is an important security step that will ensure only real people, and not AI bots, are participating in Commission proceedings.
Work on enabling the Police Officer Support Scheme Division in Pathway is continuing with a focus on harmonising processes across divisions. This work is expected to be live in the coming months.
Finally, I’m delighted to report that a range of historical exhibits relating to the centenary of workers compensation are now in the Personal Injury Commission’s possession. We will share details of them over the coming months as we approach the centenary of workers compensation.
Regards,
Judge Gerard Phillips
President
Implementing legislative reform
As outlined in PIC News edition 94, the Commission continues to work on implementing a range of amendments as part of the workers compensation reform.
Sections 58A and 43A of the Personal Injury Commission Act 2020 (PIC Act), along with the new and updated rules 133D and 67A to support the operation of these new powers, commenced on 27 March 2026. These amendments are relevant to all divisions across the Commission and are outlined further below.
Restricting the publication or disclosure of Commission decisions or information
The Commission is required to publish decisions under s 58 of the PIC Act. Under the new s 58A of the PIC Act, the President now has the power to make ‘relevant orders’ restricting the publication or the disclosure of decisions or information in Commission proceedings if it is of such a confidential nature, or any other reason. This is a power that will sit with the President alone and will not be delegated.
The new Procedural Direction PIC 15 – Publication, de-identification, redaction and non-publication of decisions or information provides important guidance to parties on users on de-identification and redaction of decisions under rule 132 of the PIC Rules, and non-publication of decisions under s 58A of the PIC Act.
For applications for non-publication under s 58A of the PIC Act, parties are to make written submissions to the President and serve this on the other parties, who will be provided three days to respond to the application. Although rule 132 of the PIC Rules is not a new rule, this Procedural Direction now explains the process of making an application. Applications for de-identification or redaction can be made during proceedings or within seven days of a decision being issued.
Parties are encouraged to make their applications as early as possible at the outset of proceedings, or during any upcoming conference or hearing, so it can be determined by the member presiding over the matter. Do not wait until the decision is issued. Legal representatives should therefore consider whether the circumstances of the matter may warrant de-identification, redaction or non-publication at the time of filing, so any application can be determined by the member presiding over the matter, or the President.
Before making any application under rule 132 or s 58A, parties are to consider which avenue is appropriate to take. Often, de-identification or redaction under rule 132 is sufficient, say, to protect the identity of the person subject of the decision. Applications for non-publication or non-disclosure under s 58A will only be considered where the President is satisfied that the confidential nature of information is so significant that publication of any information should not occur, despite the statutory mandate requiring the Commission to publish decisions under s 58 of the PIC Act.
The appointment of tutors and alignment with authorised representatives
Section 43A of 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 new procedural direction PD PIC 14 – Persons under legal incapacity has been published to provide parties with guidance on the application and removal of representation for persons under legal incapacity. PD PIC 14 is applicable to the Commission’s three divisions and aims to harmonise expectations and processes, where possible.
The new PD PIC 14 incorporates aspects of and replaces procedural direction MA 4 – Appointed representatives.
Should a party to proceedings wish to alert the Commission to a tutor or request the appointment of a tutor, please put this in writing in submissions attached to your application. If the matter is before a member, please make submissions to the member. The submissions should address legal incapacity, who the proposed tutor is, and certify that the tutor consents to acting as a tutor, has no adverse interests to the person under legal incapacity, and agrees to adhere to the Commission’s rules and Procedural Directions. The member or a Division Head will consider the application, and if satisfied the tutor is appropriate, make orders appointing the tutor. In time, the Commission’s digital platform Pathway will be updated to support the appointment of tutors.
Where there is no suitable friend or relative to be a tutor, a party may apply for the Commission to appoint a tutor from the Guardian Ad Litem Panel, managed by the Department of Communities and Justice. If such an appointment is necessary, the matter will be referred to the Commission Registry to arrange and, once a Guardian is nominated, orders will be made appointing that person as the tutor in the proceedings.
The Commission’s Pathway system will be updated to support the appointment of tutors.
The Commission continues to work through a range of other amendments that relate to workers compensation reform and will provide more information once the commencement dates and transitional arrangements are known.
Review PD PIC 14 and PD PIC 15
Cyber security reminder
The Commission notes that in recent weeks, there have been a number of sophisticated phishing emails in circulation purporting to be from law firms with whom we do business.
Practitioners are reminded to notify the Commission immediately if they become aware of a cyber security breach or incident at their firm. This is a critical step in ensuring the Commission can continue to maintain the strongest cyber security protections for the information that it holds.
We also ask any Pathway users who are subject to a breach or have been targeted by a phishing attack to change their passwords, or we can organise a reset for you.
You can report a cyber breach to the Commission by calling the Digital Support Team via 1800 PIC NSW (1800 742 679).
It is important we all work collaboratively to identify and prevent cybercrime and keep the information of the injured people we serve, safe.
CAPTCHA verification checks for Commission events hosted on Microsoft Teams
To help keep our online and hybrid dispute resolution events hosted via Microsoft Teams secure and disruption free, a verification step will be introduced for all tribunal users later this month.
When joining a Teams meeting hosted by the Commission, tribunal users will be asked to complete a quick verification using a CAPTCHA. This verification step helps confirm the participant is a real person and can be completed by:
- typing a short text prompt (Latin characters), or
- completing a short audio check (in English).
This verification step will mean AI-based bots and tools (such as automated recording, note-taking, or transcription tools that join meetings anonymously) will not be able to join Teams meetings or webinars.
This change will support the implementation of Personal Injury Commission rule 133B which 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.
Police Officer Support Scheme to be enabled on Pathway
To further harmonise our processes and allow for all disputes to be lodged in the Commission in the same way, the Police Officer Support Scheme (POSS) Division will be enabled in the coming months.
This will include adding a range of new POSS application and reply forms to the portal that mirror the existing workers compensation forms as much as possible. Additionally, some existing forms will be updated to enable use for the POSS.
If you do not practice in the POSS Division, there is no action required but please be informed that you may notice minor changes to the portal as a result of this change.
To ensure a smooth transition, helpful user guides and demonstration videos will be available for the tribunal users that will be lodging disputes in the POSS division on Pathway.
If you require support with Pathway, please log a Digital Hub request and our team will assist you.
Historical workers compensation memorabilia
The Personal Injury Commission has this month taken possession of a range of historical memorabilia relating to the last 100 years of workers compensation.
The collection includes photographs of past Compensation Court Chairmen, Chief Judges and Judges, a Summary of the Workers Compensation Act 1926, and a glorious photograph of the Botanic Gardens from the former Workers Compensation Court on Macquarie Street.
The items were identified and gathered as part of the research into the past 100 years of workers compensation, which is being brought together in a centenary publication.
Keep an eye out for information on some of these incredible artefacts in future editions of the Personal Injury Commission News.
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.
Legislative reform
Keep up to date with how the Commission is operationalising the legislative changes on our new webpage.
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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