Procedural Direction PIC1 – Conduct of parties during proceedings

1.    This Procedural Direction sets standards for parties as well as additional expectations of representatives.

Preliminary

2.    This Procedural Direction is made by the President under section 21 of the Personal Injury Commission Act 2020 (the PIC Act).

3.    The President or a member before whom a matter is listed may excuse a party from complying with any aspect of this Procedural Direction before or after the time for compliance with any action required.

4.     This Procedural Direction is to be read with and subject to any provision of the PIC Act, the enabling legislation, and the Personal Injury Commission Rules2021 (the PIC Rules).

Applicable legislation and rules

5.    Parties should be familiar with the following provisions:

(a)   section 3 of the PIC Act, which sets out the objects of the PIC Act;

(b)   part 5 of the PIC Act, which sets out the practice and guiding principles of the Commission, including sections 42 and 43;

(c)   rules 33A and 33B of the PIC Rules in relation to the use of Generative AI (see also Procedural Direction PIC 13);

(d)   part 6 of the PIC Rules;

(e)   part 14 of the PIC Rules;

(f)   the objects of relevant enabling legislation;

(g)   section 195 of the Workers Compensation Act 1987 (1987 Act);

(h)   chapter 3A of the Industrial Relations Act 1996 (NSW) (IR Act), and

(i)   section 29 of the Work Health and Safety Act 2011 (NSW).

6.     Parties should also be aware that from 1 December 2025 the Commission’s premises and proceedings are covered by the Court Security Act 2005. NSW Sheriff’s Officers appointed under that act formally manage the Commission’s security services and are authorised to manage and maintain safety.

Guiding principles

7.     Parties to proceedings, and their representatives, must be aware of the objects and guiding principles of the PIC Act and enabling legislation (see Applicable legislation and rules above).

8.     Parties and their representatives must cooperate with the Commission to give effect to the objects and guiding principles including the just, quick and cost effective resolution of the real issues in the proceedings. Parties and their representatives must comply with the PIC Act, the PIC Rules, any relevant Procedural Directions, and any direction given by the Commission.

Representation before the Commission

9.   A party to proceedings in the Commission is entitled to be represented by a legal practitioner or agent (section 48 of the PIC Act).

10.   A party to applicable proceedings must notify the President and the other parties within 7 days after a change in the legal practitioner or agent representing the party (rule 60(1) of the PIC Rules). The party should notify the President by completing the approved form.

11.   A party may choose to represent themselves. Parties who represent themselves are directed to consider Procedural Direction PIC 16 – Self Represented Litigants, in addition to this Procedural Direction.

12.   A party is also entitled to other assistance (such as an interpreter) to communicate effectively during proceedings. Where an interpreter is required, this should be indicated on the form commencing proceedings or in the reply lodged.

Expectations of representatives

13.   In addition to any applicable instruments regarding the conduct of representatives generally, including the model litigant policy, the Commission expects representatives to adhere to the following general principles:

(a)   in presenting the case, follow their party's instructions;

(b)   honestly represent their party;

(c)   be knowledgeable about, and comply with, the relevant enabling legislation, the PIC Act and PIC Rules, Procedural Directions, Guidelines, and the practices and procedures of the Commission;

(d)   behave courteously and respectfully to all parties, representatives, witnesses, decision makers, and Commission Staff;

(e)   behave professionally and respect due process;

(f)   to not engage in direct or indirect discriminatory conduct towards any other person, including parties or representatives;

(g)   to not engage in inappropriate conduct against Commission members, decision makers, or Commission staff, including conduct that may constitute bullying or sexual harassment under the IR Act or other applicable legislation;

(h)   take reasonable care to protect their health and safety and that of other persons, including Commission members, decision makers, and Commission staff, during proceedings and while on Commission premises; and

(i)   comply with all reasonable instructions that are given to them by the Commission or its representatives regarding the protection of their health and safety, or the health and safety of other persons.

14.   In addition to the above, the Commission expects representatives to adhere to the following during proceedings:

(a)   assist their party to understand and participate in the dispute resolution processes, taking into account the party's personal circumstances and needs, especially in the case of persons with a disability;

(b)   conduct themselves and the process with efficiency, timeliness and not unreasonably hinder, disrupt or delay proceedings or the earliest finalisation (whether by settlement, conciliation or hearing) of any matter;

(c)   cooperate fully in exploring durable settlement outcomes with the other parties to the dispute;

(d)   not negotiate a settlement that the representative or agent knows to be demonstrably unfair, criminal, fraudulent or unconscionable, and

(e)   not seek to influence the Commission member or Commission staff by means prohibited by law.

15.   A legal practitioner or agent who ceases to represent a party during proceedings must notify the President and other parties within 7 days after ceasing representation (rule 60(2) of the PIC Rules). The President should be notified using the approved form.

Conduct prior to proceedings

16.   Parties are expected to have preliminary discussions prior to any listing in the Commission to try and resolve the issue as a whole or in part, or if that is not possible, to limit issues in dispute. Parties are expected to use their best endeavours to settle the matter.

Commencing and replying to proceedings

17.   When commencing or replying to proceedings, parties must comply with the PIC Act, the PIC Rules, any applicable Procedural Directions and the requirements of the Form commencing the proceedings.

18.   In workers compensation proceedings, the legal representative for the insurer must, at the time of lodging an Application or a Reply, certify that the insurer’s case has reasonable prospects of success, and the cost of the insurer’s action in commencing or defending the proceedings is proportionate to the claim and the significance of the issues in dispute (see section 195 of the 1987 Act).

19.   Documents attached to an Application or Reply must comply with the PIC Rules, including rule 67, Procedural Direction PIC3 – Documents, and Procedural Direction PIC12 – 500 Page Limit and Additional Documents.

20.   There is only one opportunity to lodge further evidence in the Commission, unless leave is granted by an appropriate decision maker (see rule 67C and Procedural Direction PIC 12).

Contacting the Commission during proceedings

21.   A party should never communicate directly with the decision maker to whom the matter is allocated except during a preliminary conference, conference, hearing, or assessment. All correspondence must be sent through the Commission’s online portal, via email (help@pi.nsw.gov.au), one of the other contact methods provided in the PIC Rules, or through the Commission staff member assigned to manage the dispute.

22.   The Commission will not be involved in ex-parte communications. Communications with the Commission in relation to a dispute must include the opposing parties.

Conduct during proceedings

23.   Parties must be appropriately prepared for any listing. This includes legal representatives, including counsel, having conferred with their clients before the listing event.

24.   Where the listing is not in person (i.e. via telephone or audio-visual link), the party must ensure that the space is sufficiently private, noise free, and all distractions (e.g. mobile phones) are minimised to allow proper participation in the matter.

Preliminary conferences

25.   Each party must be familiar with the purpose of the preliminary conference, be prepared to address all relevant issues, and explore all opportunities for resolution of the dispute. This includes narrowing the issues in dispute.

26.   All parties required to be joined to the preliminary conference must be available at the time scheduled, prepared, ready to participate, and have appropriate authority to provide instructions to resolve the dispute. A further preliminary conference will generally not be scheduled except in exceptional circumstances, and with the approval of the Division Head.

27.   A decision maker may give a preliminary view on the case at this stage. Parties should consider the views of the decision maker on the issues raised.

Listings

28.   In proceedings before a member, if the dispute is unable to be resolved in full, the matter will proceed to a listing (e.g. a hearing, conciliation, assessment, or other appropriate listing). This usually occurs between 3 and 8 weeks after the preliminary conference. This is a further opportunity to resolve the dispute through agreement.

29.   Listings will be conducted in person, or online (via audio or audio-visual link), depending on the circumstances.

30.   All parties must be available at the time of the scheduled listing. Insurance claims officers must be present and must have an appropriate level of authority to provide instructions to their legal representatives that reflects the nature of the dispute, particularly in claims for work injury damages.

31.   A member may give a further preliminary view on the case at this stage. This may be the final opportunity to resolve the dispute or discontinue the proceedings before the matter will be determined by the member.

32.   If the parties are unable to resolve the dispute by agreement, the matter will proceed to a formal hearing.

33.   Parties will be given an opportunity to present their case through providing oral or written submissions, and, where leave is granted, through examination of a witness. Hearings are recorded. A copy of the recording may be made available to the parties in accordance with the Commission’s policy Audio recordings and transcripts.

After Proceedings

34.   After the conclusion of proceedings a relevant decision will be issued to the parties.

35.   Most decisions are published under section 58 of the PIC Act. Parties should be aware of the requirements for publication, de-dentification, redaction, and non-publication of decisions or information. Information regarding this, and how to make a relevant application, is contained in Procedural Direction PIC15 – Publication, de-identification, redaction, and non-publication of decisions or information.