Full description
The Personal Injury Commission was created by the Personal Injury Commission Act 2020 (Act No.18) with the stated role of resolving disputes between people injured in motor accidents and workplaces in NSW, insurers and employers. (1)The Commission was created as a single independent tribunal to replace the Workers Compensation Commission and State Insurance Regulation Authority's Dispute Resolution Services. The Act also establishes the Independent Review Officer, which replaced the Workers Compensation Independent Review Officer. (2)
The main object of establishing an independent Personal Injury Commission was to deal with certain matters under the workers compensation legislation and motor accidents legislation and provide a central registry for that purpose. Other objects stated by the Act were to to ensure the Commission was accessible, professional and responsive to the needs of all of its users and open and transparent about its processes, encouraging early dispute resolution; to enable the Commission to resolve the real issues in proceedings justly, quickly, cost effectively and with as little formality as possible; to ensure that the decisions of the Commission are timely, fair, consistent and of a high quality; to promote public confidence in the decision-making of the Commission and in the conduct of its members; to ensure that the Commission publicised and disseminated information concerning its processes and established effective liaison and communication with interested parties concerning its processes and the role of the Commission; and to make appropriate use of the knowledge and experience of members and other decision-makers. (3)
The Commission was to consist of the following members: a President, Deputy Presidents, principal members, senior members and general members. The President was required to be a judge of a court of record, the Deputy Presidents were required to be a lawyer or judicial officer, the principal members and senior members were all required to be lawyers and the general members were required to be a lawyer or public service official who is considered qualified for the role. (4)
The Commission was divided into two Divisions: the Workers Compensation Division and the Motor Accidents Division. The Workers Compensation Division had the following functions: (a) expedite assessments under Part 5 of Chapter 7 of the Workplace Injury Management and Workers Compensation Act 1998, (b) the resolution of disputes about work capacity decisions within the meaning of the Workers Compensation Act 1987, (c) the assessment of costs under provisions concerning assessments made by regulations for the purposes of section 347(4) of the Workplace Injury Management and Workers Compensation Act 1998. The functions of the Motor Accidents Division were as per the Commission but in relation to motor accidents legislation. (5)
The Commission operates under the Personal Injury Commission Rules 2021. (6)
Endnotes
1. Personal Injury Commission website, https://pi.nsw.gov.au/the-role-of-the-commission (accessed 22/12/2022).
2. NSW Government Gazette, 26 February 2021 p.99.
3. Personal Injury Commission Act 2020 (Act No.18, 2020) cl.3.
4. Personal Injury Commission Act 2020 cl.8-10.
5. Personal Injury Commission Act 2020 Sch.3 [3], Sch.4 [3].
6. Personal Injury Commission Rules 2021 (2021 No 34), notified NSW Legislation Website, 8 February 2021.
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