Edition No.98

This edition was issued on 30 June 2026

Welcome 

In this edition, I would like to share with you the significant program of work the Commission is undertaking to operationalise the recent changes to the workers compensation scheme in NSW, many of which will commence tomorrow.

You will recall that in late 2025 and early 2026, there were significant changes to workers compensation legislation.

Some of these changes commenced in March this year, including amendments to the Personal Injury Commission Act 2020 which apply to all divisions of the Commission and provided new powers around the non-publication or disclosure of decisions or information, and the appointment of tutors. These new powers have already been put to use.

Most of the amendments will commence on Wednesday 1 July, and the Commission has had a core team working to operationalise these changes in a considered and methodical way. While there has been a focus on using existing instruments where possible, the scale of the changes does mean some updates to our rules, procedural directions, and to our forms in Pathway. This does take time, and so we have put in place some interim arrangements which you can read more on below.

I would urge practitioners to take the time to familiarise themselves with the changes, but please be assured that our Registry will continue to assist all tribunal users, especially any claimants who are self-represented.

The Commission will continue to provide updates on the legislative reform page on the Commission’s website, and we have also produced a handy fact sheet. Please also take the time to review the large number of resources which will be made available on the websites of SIRA, icare and IRO.

Regards, 
Judge Phillips
President

Operationalising changes to workers compensation

The Personal Injury Commission continues to operationalise recent changes to workers compensation legislation, with several of the legislative amendments commencing on 1 July 2026.

This follows the passing of two amending acts in November 2025 and February 2026, and publication of the relevant regulation last week, as found at the following links:

They include changes to the laws for assessing compensation for a primary psychological injury, a new single assessment process for determining the degree of permanent impairment for both physical and psychological injuries, the ability for parties to settle claims for lump sum death benefits under the supervision of the Commission, changes to pre-injury average earnings decisions, and a new requirement for insurers to certify the reasonable prospects of success for matters that come before the Commission.

The Commission is reviewing and updating its rules, procedural directions, processes and forms to implement these changes, with a focus on using existing instruments where possible. Interim arrangements have been put in place while this work is finalised.

Read more

Interim arrangements for workers compensation applications and replies

Recent changes to workers compensation legislation means tribunal users will need to provide additional details in their workers compensation dispute application or reply from 1 July 2026.

The Commission is in the process of reviewing and updating its rules and procedural directions, where necessary, as well as several forms. While these are being completed, tribunal users are asked to provide additional information in their submissions as an interim measure. This includes:

  • Whether the worker is an exempt worker.
  • Whether the claim is for a primary psychological injury first notified on or after 1 July 2026.
  • Whether the claim for a primary psychological injury involves a dispute regarding ‘relevant conduct’ within the meaning of Chapter 7, Part 3, Division 3A  of the Workplace Injury Management and Workers Compensation Act 1998, and if so, whether the 'relevant conduct’ has been determined by the Industrial Relations Commission (with any determination to be attached to the application).
  • Whether the dispute relates to a decision about Pre-Injury Average Weekly Earnings (PIAWE) made on or after 1 July 2026.
  • Whether the worker had a permanent impairment assessment or an agreement about permanent impairment prior to 1 July 2026 (a ‘pre-reform impairment assessment’).
  • Whether there is a dispute about permanent impairment relating to an assessment after 1 July 2026 (an ‘interim period assessment’) or a further assessment on the basis of an ‘unexpected and material deterioration’.
  • Whether a permanent impairment assessment is required for the purpose of an entitlement under section 39 of the Workers Compensation Act 1987, and if so, the date of the entitlement ceasing.
  • Whether there is a party in the proceedings under legal incapacity requiring the appointment of a tutor.
  • Whether there is a non-publication order issued by another jurisdiction concerning the application.
  • For insurers: Certification that their case has reasonable prospects of success and that the cost of the insurer’s action in commencing or defending the proceedings is proportionate to the claim, in line with s 195(2) of the Workers Compensation Act 1987.

Next steps
The updated procedural directions and any new rules, if needed, will be published on the Commission’s website in the coming months, as well as a range of updated forms in the Pathway Portal.

New fact sheet: Understanding personal injury disputes under new workers compensation legislation

The Commission has created a new fact sheet to help injured workers understand how the changes to workers compensation legislation will impact personal injury disputes.

Written in simple language, it outlines the changes for primary psychological injuries, the introduction of a single assessment of permanent impairment, and upcoming changes to the test for medical expenses and commutations. It also encourages injured workers to seek legal advice and provides advice on the use of artificial intelligence.

Practitioners are encouraged to share the fact sheet with their clients.

Read the fact sheet

Other resources on workers compensation reform

The State Insurance Regulatory Authority, icare and the Independent Review Office have a range of resources to assist injured workers, employers and insurers to understand the changes. To access these, please click on the links below.

Legislative reform

Keep up to date with how the Commission is operationalising the latest legislative changes on our new webpage.

Fact sheets and checklists

Preparing for a medical assessment? Our fact sheets outline what to expect and include checklists to support you every step of the way.

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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