New South Wales Consolidated Regulations

PERSONAL INJURY COMMISSION RULES 2021

- Made under the Personal Injury Commission Act 2020
- As at 25 November 2024
- Reg 34 of 2021

TABLE OF PROVISIONS

   PART 1 - INTRODUCTION

   1.      Name of Rules
   2.      Commencement
   3.      Object of Rules
   4.      Definitions

   PART 2 - APPLICATION

   5.      Proceedings to which Rules apply
   6.      Dispensing with requirements of Rules
   7.      Directions in circumstances not covered by Rules
   8.      Irregularities in Commission proceedings
   9.      Procedural orders by non-presidential members and merit reviewers
   10.     Relationship between Rules and procedural directions

   PART 3 - ADMINISTRATION

   11.     Registry
   12.     Seal of Commission
   13.     Delegation of functions of President or Division Head
   14.     Register of delegations
   15.     Use of ECM system

   PART 4 - DOCUMENTS

           Division 4.1 - Forms and documents

   16.     Approval of forms
   17.     Form and content of documents
   18.     Language of documents

           Division 4.2 - Amendment of documents

   19.     Leave to amend documents
   20.     Amendment of documents
   21.     Minor or agreed amendments of documents
   22.     Directions concerning amendment of documents

           Division 4.3 - Lodgment of documents

   23.     Lodgment of documents with and issue of documents by Commission
   24.     Lodgment of documents by ECM system
   25.     Lodging of statutory declarations by ECM system
   26.     When documents taken to be received or served

           Division 4.4 - Service of documents

   27.     Address for service
   28.     Service between parties
   29.     Sealed copies of documents
   30.     Substituted service
   31.     Service outside Australia
   32.     Service of documents on Authority

   PART 5 - EVIDENCE

           Division 5.1 - General

   33.     Production of recordings, films and electronic documents
   34.     Calling witnesses
   35.     Expert witnesses
   36.     Use of interpreters

           Division 5.2 - Notices for production

   37.     Application
   38.     Definitions
   39.     Notice for production
   40.     Time for service and production
   41.     Compliance with notice for production
   42.     Conduct money for compliance with notice for production

           Division 5.3 - Directions for production

   43.     Definitions
   44.     Exercise of functions of President
   45.     Production of Commission record of proceedings
   46.     Request for direction for production
   47.     Direction for production
   48.     Service of direction for production
   49.     Compliance with direction for production
   50.     Objection to direction for production
   51.     Objection after production by party entitled to first access
   52.     Inspection and return of produced documents
   53.     Conduct money for compliance with direction for production
   54.     Exemption from production

           Division 5.4 - Summonses

   55.     Definitions
   56.     Issue and service of summons
   57.     Variation of summons
   58.     Conduct money for compliance with summons

   PART 6 - REPRESENTATION AND PARTIES

   59.     Exercise of functions under Part
   60.     Notice of representation
   61.     Representation of insurer in certain workers compensation proceedings
   62.     Orders concerning joinder
   63.     Service of documents concerning joinder and replies
   64.     Consolidation or splitting proceedings

   PART 7 - COMMENCEMENT OF APPLICABLE PROCEEDINGS

           Division 1 - Preliminary

   65.     Exercise of functions under Part
   66.     Application to commence applicable proceedings

           Division 2 - Documents in applicable proceedings

   67.     Documents lodged under division
   67A.    Documents lodged with application or reply
   67B.    Only 500 pages permitted to be lodged under rule 67A
   67C.    Additional documents
   67D.    Appropriate decision-maker's power to direct or not consider a document

           Division 3 - Miscellaneous

   68.     Schedule of earnings
   69.     Fixing of time for applicable proceedings
   70.     Statement of agreed facts and issues in Commission proceedings
   71.     Determination of dispute in Commission proceedings by consent order

   PART 8 - CONDUCT OF APPLICABLE PROCEEDINGS GENERALLY

   72.     Exercise of functions under Part
   73.     Guiding principles for applicable proceedings
   74.     Measures to assist parties
   75.     Request that application be expedited
   76.     Discontinuance of proceedings
   77.     Dismissal of proceedings
   78.     Statement of reasons for decision

   PART 9 - WORKERS COMPENSATION PROCEEDINGS

           Division 9.1 - Commencement of workers compensation proceedings

   79.     Workers compensation proceedings for expedited assessment
   80.     Application to resolve dispute other than for expedited assessment
   81.     Joinder of certain persons for applications concerning death of worker
   82.     Registration of commutation agreements
   83.     Applications for threshold disputes
   84.     Defective pre-filing statement
   85.     Direction for access to information or premises

           Division 9.2 - Pre-filing statements and mediation

   86.     Pre-filing statements and pre-filing defences
   87.     Referral for mediation
   88.     Response to application for mediation
   89.     Mediator unable to mediate claim
   90.     Certificate of mediation outcome

           Division 9.3 - Persons under legal incapacity

   91.     Proceedings for work injury damages involving party under legal incapacity

   PART 10 - MOTOR ACCIDENT PROCEEDINGS

           Division 10.1 - Motor accident proceedings under MAC Act

   92.     Application for general assessment of claim
   93.     Application for special assessment of certain disputes

           Division 10.2 - Motor accident proceedings under MAI Act

   94.     Application for assessment of claim for damages
   95.     Application for approval of damages settlement
   96.     Application for miscellaneous claims assessment
   97.     Persons under legal incapacity

           Division 10.3 - Motor accident proceedings generally

   98.     Application for mandatory exemption from claims assessment
   99.     Consideration of discretionary exemption from claims assessment
   100.    Schedule of damages
   101.    Standing over of motor accident proceedings for assessment of damages

   PART 11 - MEDICAL ASSESSMENT PROCEEDINGS

           Division 11.1 - Commencement of medical assessment proceedings

   102.    Application for medical assessment of treatment dispute
   103.    Application for medical assessment of permanent impairment dispute
   104.    Application for further medical assessment
   105.    Application for assessment of medical dispute
   106.    Service of applications and replies

           Division 11.2 - Conduct of medical assessment proceedings

   107.    Application of Part 5 of PIC Act
   108.    Conduct of medical assessment proceedings
   109.    Surveillance recordings
   110.    Entitlement to support person
   111.    Medical assessment certificate for multiple assessments of permanent impairment
   112.    Correction of incomplete certificate
   113.    Recording of medical assessment proceedings

   PART 12 - MERIT REVIEW PROCEEDINGS

   114.    Application of Part 5 of PIC Act
   115.    Application for merit review
   116.    Conduct of merit review proceedings
   117.    Statement of reasons for decision of insurer
   118.    Assessment of legal costs for merit review

   PART 13 - APPEALS AND REVIEWS

           Division 13.1 - Referral of questions of law to Commission

   119.    Application of Division
   120.    Application by party for workers compensation question of law referral
   121.    Referral on non-presidential member's own motion

           Division 13.2 - Workers compensation dispute appeals to Commission

   122.    Application of Division
   123.    Application for workers compensation dispute appeal
   124.    Notice of opposition
   125.    Notice of contention and reply
   126.    Non-compliance with procedural requirements

           Division 13.3 - Panel review proceedings

   127.    Application of Part 5 of PIC Act
   128.    Conduct of panel review proceedings
   129.    Applications for appeals and reviews
   130.    Certificate of determination under MAI Act

   PART 14 - MISCELLANEOUS

   131.    Publication of decisions
   132.    De-identification or redaction of publishable decisions
   133.    Certificate as to amount ordered to be paid
   133A.   Extension of time for making certain applications
   134.    Savings
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