{"id":"nsw:act-2020-018","name":"Personal Injury Commission Act 2020","slug":"personal-injury-commission-act-2020","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"18 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29069,"registerId":"nsw-act-2020-018-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Personal Injury Commission Act 2020](/view/html/inforce/current/act-2020-018).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on the date of assent to this Act, except as provided by this section.\n> \n> > (2) Schedule 5 commences on the establishment day.\n> \n> > (3) Schedule 6 commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"#### 3 Objects of Act\n\n3 Objects of Act\n\n> The objects of this Act are as follows—\n> \n> > (a) to establish an independent Personal Injury Commission of New South Wales to deal with certain matters under the workers compensation legislation, motor accidents legislation and legislation providing for the police officer support scheme and provide a central registry for that purpose,\n> \n> > (b) to ensure the Commission—\n> > \n> > > (i) is accessible, professional and responsive to the needs of all of its users, and\n> > \n> > > (ii) is open and transparent about its processes, and\n> > \n> > > (iii) encourages early dispute resolution,\n> \n> > (c) to enable the Commission to resolve the real issues in proceedings justly, quickly, cost effectively and with as little formality as possible,\n> \n> > (d) to ensure that the decisions of the Commission are timely, fair, consistent and of a high quality,\n> \n> > (e) to promote public confidence in the decision-making of the Commission and in the conduct of its members,\n> \n> > (f) to ensure that the Commission—\n> > \n> > > (i) publicises and disseminates information concerning its processes, and\n> > \n> > > (ii) establishes effective liaison and communication with interested parties concerning its processes and the role of the Commission,\n> \n> > (g) to make appropriate use of the knowledge and experience of members and other decision-makers.\n> \n> **s 3:** Am 2024 No 60, Sch 2\\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation and application of Act by reference to objects","content":"#### 4 Interpretation and application of Act by reference to objects\n\n4 Interpretation and application of Act by reference to objects\n\n> > (1) In the interpretation of a provision of this Act, the Commission rules or the regulations, a construction that would promote the objects of this Act or the provision is to be preferred to a construction that would not promote those objects.\n> \n> > (2) In the exercise of a discretion conferred by a provision of this Act, the Commission rules or the regulations, the person exercising the discretion must do so in the way that would best promote the objects of this Act or the provision concerned.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n5 Definitions\n\n> > (1) In this Act—\n> > \n> > Authority means—\n> > \n> > > (a) for the police officer support scheme—the Commissioner of Police, or\n> > \n> > > (b) otherwise—the State Insurance Regulatory Authority constituted under the [State Insurance and Care Governance Act 2015](/view/html/inforce/current/act-2015-019).\n> > \n> > Commission means the Personal Injury Commission of New South Wales established by this Act.\n> > \n> > Commission Division means—\n> > \n> > > (a) the Workers Compensation Division, or\n> > \n> > > (b) the Motor Accidents Division, or\n> > \n> > > (c) the Police Officer Support Scheme Division.\n> > \n> > Commission rules—see section 20.\n> > \n> > Deputy President means a Deputy President of the Commission.\n> > \n> > Division Head of a Commission Division means the member who is appointed by or under this Act as the Division Head of that Division.\n> > \n> > Division member, in relation to a Commission Division, means a member who is assigned by or under this Act to that Division.\n> > \n> > Division Schedule for a Commission Division—see section 13.\n> > \n> > enabling legislation means—\n> > \n> > > (a) the workers compensation legislation, and\n> > \n> > > (b) the motor accidents legislation, and\n> > \n> > > (c) the [Police Act 1990](/view/html/inforce/current/act-1990-047), Part 9B and regulations made under that part.\n> > \n> > establishment day—see section 6.\n> > \n> > general member means a general member of the Commission.\n> > \n> > Independent Review Officer means the Independent Review Officer appointed under Schedule 5.\n> > \n> > judicial officer has the same meaning as in the [Judicial Officers Act 1986](/view/html/inforce/current/act-1986-100).\n> > \n> > legislation means an Act or statutory rule.\n> > \n> > mediator means a mediator appointed by the President under this Act.\n> > \n> > medical assessor means a medical assessor appointed by the President under this Act.\n> > \n> > member means a member of the Commission.\n> > \n> > merit reviewer means a merit reviewer appointed by the President under this Act.\n> > \n> > modification includes variation, addition, exception, omission or substitution.\n> > \n> > Motor Accidents Division means the Motor Accidents Division of the Commission.\n> > \n> > motor accidents legislation means—\n> > \n> > > (a) the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041), and\n> > \n> > > (b) the [Motor Accidents (Lifetime Care and Support) Act 2006](/view/html/inforce/current/act-2006-016), and\n> > \n> > > (c) the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010), and\n> > \n> > > (d) any other Act prescribed by the regulations, and\n> > \n> > > (e) the instruments under each of those Acts.\n> > \n> > non-presidential member—see section 8.\n> > \n> > police officer support scheme has the same meaning as in the [Police Act 1990](/view/html/inforce/current/act-1990-047).\n> > \n> > Police Officer Support Scheme Division means the Police Officer Support Scheme Division of the Commission.\n> > \n> > President means the President of the Commission.\n> > \n> > presidential member—see section 8.\n> > \n> > principal member means a principal member of the Commission.\n> > \n> > principal registrar means the person employed in the Public Service as the principal registrar of the Commission.\n> > \n> > procedural directions—see section 21.\n> > \n> > Public Service employee has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> > \n> > registrar means the principal registrar or any other person employed in the Public Service as a registrar of the Commission.\n> > \n> > relevant Commission officer means each of the following—\n> > \n> > > (a) the principal registrar or any other registrar,\n> > \n> > > (b) a medical assessor,\n> > \n> > > (c) a merit reviewer,\n> > \n> > > (d) a mediator,\n> > \n> > > (e) any other kind of person prescribed by the regulations who exercises functions in connection with the Commission.\n> > \n> > Rule Committee means the Rule Committee of the Commission.\n> > \n> > senior member means a senior member of the Commission.\n> > \n> > work injury damages has the same meaning as in Chapter 7 (New claims procedures) of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086).\n> > \n> > Workers Compensation Acts has the same meaning as in the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086).\n> > \n> > Workers Compensation Division means the Workers Compensation Division of the Commission.\n> > \n> > workers compensation legislation means—\n> > \n> > > (a) workers compensation legislation within the meaning of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086), and\n> > \n> > > (b) any other Act prescribed by the regulations (including instruments under the prescribed Act).\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) A reference in this Act (however expressed) to the exercise by the Commission of its functions in relation to enabling legislation includes a reference both to its functions under the enabling legislation and its functions under this Act or any other legislation in relation to the enabling legislation.\n> \n> > (3) Any provisions of this Act or enabling legislation that are expressed to be subject to the Commission rules have effect subject to any exceptions, limitations or other restrictions specified by the Commission rules.\n> \n> > (4) Notes included in this Act do not form part of this Act.\n> \n> **s 5:** Am 2024 No 60, Sch 2\\[2\\]–\\[4\\].","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Establishment of Commission","content":"# Part 2 Establishment of Commission\n\nPart 2 Establishment of Commission","sortOrder":6},{"sectionNumber":"Division 2","sectionType":"division","heading":"Establishment","content":"## Division 2 Establishment\n\nDivision 2.1 Establishment","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Establishment of Personal Injury Commission","content":"#### 6 Establishment of Personal Injury Commission\n\n6 Establishment of Personal Injury Commission\n\n> > (1) The Personal Injury Commission of New South Wales is established by this Act on the establishment day.\n> > \n> > Note.\n> > \n> > Part 3 provides for the functions and constitution of the Commission.\n> \n> > (2) The Commission is to have a seal and the seal is to be judicially noticed.\n> > \n> > Note.\n> > \n> > Section 20 enables the Commission rules to make provision for or with respect to the form, use and effect of the seal of the Commission.\n> \n> > (3) The establishment day is—\n> > \n> > > (a) 1 March 2021, or\n> > \n> > > (b) any later day fixed as the establishment day by a proclamation made under this section.\n> \n> > (4) The Governor may, by proclamation published on the NSW legislation website, fix a day later than 1 March 2021 as the establishment day for the purposes of this section.\n> \n> > (5) The Governor may, by further proclamation published on the NSW legislation website, revoke a previous proclamation fixing a day as the establishment day and fix a different day later than 1 March 2021 as the establishment day.\n> \n> > (6) A proclamation under this section has effect only if published before the establishment day applying for the time being.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Appointments and other matters to facilitate establishment of Commission","content":"#### 7 Appointments and other matters to facilitate establishment of Commission\n\n7 Appointments and other matters to facilitate establishment of Commission\n\n> > (1) A person may be appointed to any office or other position under this Act before the establishment day.\n> \n> > (2) Without limiting subsection (1), the following appointments may be made before the establishment day—\n> > \n> > > (a) appointment as the President or as any other kind of member,\n> > \n> > > (b) appointment as a Division Head of a Commission Division that will be created on the establishment of the Commission,\n> > \n> > > (c) appointment as the Independent Review Officer,\n> > \n> > > (d) appointment as a member of the Rule Committee,\n> > \n> > > (e) appointment as a registrar (including as the principal registrar) or other member of staff of the Commission.\n> \n> > (3) To avoid doubt, the provisions of clauses 2–4 of Schedule 5 apply in relation to the appointment of the Independent Review Officer before the establishment day even though those provisions have not commenced.\n> \n> > (4) A member appointed before the establishment day may also be assigned by or under this Act to a Commission Division to be created on the establishment of the Commission.\n> \n> > (5) Without limiting subsections (1) and (2), the Rule Committee may be constituted before the establishment day and may before that day—\n> > \n> > > (a) meet and transact business as if the Commission (and its Divisions) had been established, and\n> > \n> > > (b) without limiting paragraph (a), make Commission rules that will come into force on or after the establishment day.\n> \n> > (6) Any appointment or assignment made before the establishment day has effect on and from the day specified in the instrument of appointment or assignment as the date of appointment or assignment as if the Commission (including its Divisions) had been established.\n> \n> > (7) Despite Division 3 of Part 2 of Schedule 1, a person holding an office to which a provision of that Division applies who is appointed as a member of the Commission before the establishment day is not entitled to be paid remuneration as a member of the Commission while the person continues to receive remuneration for the office.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Membership of Commission","content":"#### 8 Membership of Commission\n\n8 Membership of Commission\n\n> > (1) The Commission is to consist of the following members—\n> > \n> > > (a) the President,\n> > \n> > > (b) Deputy Presidents,\n> > \n> > > (c) principal members,\n> > \n> > > (d) senior members,\n> > \n> > > (e) general members.\n> \n> > (2) The President and the Deputy Presidents are referred to in this Act as presidential members.\n> \n> > (3) The principal members, senior members and general members are referred to in this Act as non-presidential members.\n> \n> > (4) Schedule 2 sets out additional provisions with respect to members (including their maximum terms of office).","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Appointment of members","content":"#### 9 Appointment of members\n\n9 Appointment of members\n\n> > (1) A person may be appointed as a member if the person is qualified to be appointed as a member of the kind concerned.\n> > \n> > Note.\n> > \n> > Section 10 makes general provision with respect to qualifications for appointment.\n> \n> > (2) A member is to be appointed by the Minister by written instrument.\n> \n> > (3) The instrument of appointment of a member is to specify—\n> > \n> > > (a) whether the member has been appointed as the President or a Deputy President, principal member, senior member or general member, and\n> > \n> > > (b) the term for which the member has been appointed, and\n> > \n> > > (c) any entitlements of the member to annual and other leave, and\n> > \n> > > (d) whether the member is appointed on a full-time basis or on some other basis.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Qualifications of members","content":"#### 10 Qualifications of members\n\n10 Qualifications of members\n\n> > (1) President A person is qualified to hold office as the President only if the person is a judge of a court of record.\n> \n> > (2) Deputy Presidents A person is qualified to be appointed as a Deputy President only if the person—\n> > \n> > > (a) is or has been a judicial officer, or\n> > \n> > > (b) is an Australian lawyer of 7 years’ standing and has, in the opinion of the Minister, special knowledge, skill or expertise in relation to any class of matter in respect of which the Commission has jurisdiction.\n> \n> > (3) Principal members A person is qualified to be appointed as a principal member if the person—\n> > \n> > > (a) is an Australian lawyer of at least 7 years’ standing, or\n> > \n> > > (b) has, in the opinion of the Minister, special knowledge, skill or expertise in relation to any class of matter in respect of which the Commission has jurisdiction.\n> \n> > (4) Senior members or general members A person is qualified to be appointed as a senior member or general member if the person—\n> > \n> > > (a) is an Australian lawyer of at least 5 years’ standing, or\n> > \n> > > (b) has, in the opinion of the Minister, special knowledge, skill or expertise in relation to any class of matter in respect of which the Commission has jurisdiction.\n> \n> > (5) Appointment of Public Service employees A Public Service employee who is otherwise qualified for appointment may be appointed as a general member (but not as any other kind of member).","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Functions of members generally","content":"#### 11 Functions of members generally\n\n11 Functions of members generally\n\n> > (1) A member has any functions conferred or imposed on the member by or under this Act or any other legislation.\n> \n> > (2) Without limiting subsection (1), a member (other than the President or Division Head of a Commission Division) appointed before the establishment day has and may exercise any functions with respect to the establishment of the Commission as may be assigned to the member under section 16(2).\n> \n> > (3) Each member must comply with any procedural directions given by the President and the Division Head of the Commission Division to which the member is assigned.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Divisions of Commission","content":"#### 12 Divisions of Commission\n\n12 Divisions of Commission\n\n> > (1) The Divisions of the Commission are—\n> > \n> > > (a) the Workers Compensation Division, and\n> > \n> > > (b) the Motor Accidents Division, and\n> > \n> > > (c) the Police Officer Support Scheme Division.\n> \n> > (2) The functions of the Commission in relation to enabling legislation allocated to a Commission Division are to be exercised in that Division.\n> > \n> > Note.\n> > \n> > Section 5(2) provides that a reference in this Act (however expressed) to the exercise by the Commission of its functions in relation to enabling legislation includes a reference both to its functions under the enabling legislation and its functions under this Act or any other legislation in relation to the enabling legislation.\n> \n> > (3) The functions of the Commission in relation to enabling legislation allocated to a Commission Division are the functions in relation to the legislation allocated to the Division by the Division Schedule for the Division.\n> \n> > (4) A Commission Division is composed of the members assigned to it by or under this Act.\n> \n> **s 12:** Am 2024 No 60, Sch 2\\[5\\].","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Division Schedule for Commission Division","content":"#### 13 Division Schedule for Commission Division\n\n13 Division Schedule for Commission Division\n\n> > (1) The Division Schedule for a Commission Division is—\n> > \n> > > (a) for the Workers Compensation Division—Schedule 3, or\n> > \n> > > (a1) for the Police Officer Support Scheme Division—Schedule 3A, or\n> > \n> > > (b) for the Motor Accidents Division—Schedule 4.\n> \n> > (2) The provisions of a Division Schedule for the Commission prevail to the extent of any inconsistency between those provisions and any other provisions of this Act or the provisions of the regulations or the Commission rules.\n> \n> **s 13:** Am 2024 No 60, Sch 2\\[6\\].","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Division Heads","content":"#### 14 Division Heads\n\n14 Division Heads\n\n> > (1) The President, or a Deputy President or principal member, may be appointed by the Minister as the Division Head of a Commission Division—\n> > \n> > > (a) in the instrument of appointment of the member, or\n> > \n> > > (b) by subsequent instrument.\n> \n> > (2) A Division Head ceases to hold office as a Division Head if the person—\n> > \n> > > (a) is removed from office as a Division Head by the Minister, or\n> > \n> > > (b) resigns the office by written instrument addressed to the Minister, or\n> > \n> > > (c) ceases to hold office as a member.\n> \n> > (3) However, a person does not cease to hold office as a member simply because the person has been removed, or has resigned, from office as a Division Head under subsection (2).\n> \n> > (4) A Division Head has any functions conferred or imposed on the Division Head by or under this Act or any other legislation.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Assignment of members to Commission Divisions","content":"#### 15 Assignment of members to Commission Divisions\n\n15 Assignment of members to Commission Divisions\n\n> > (1) The President is assigned to each Commission Division.\n> \n> > (2) A Division Head is assigned to the Commission Division in respect of which the person is appointed as the Division Head.\n> \n> > (3) Subject to this Act (including subsections (1) and (2))—\n> > \n> > > (a) a member is assigned to the Commission Division specified in the member’s instrument of appointment, and\n> > \n> > > (b) the Minister may vary the assignment of the member at any time by one or more subsequent instruments, and\n> > \n> > > (c) a member (other than the President) may be assigned to one or more Commission Divisions at a time.\n> \n> > (4) An assignment of a member to a Commission Division is subject to any limitations specified in the member’s instrument of appointment or assignment (including in respect of the kinds of matters that may be dealt with by the member).","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Functions of President","content":"#### 16 Functions of President\n\n16 Functions of President\n\n> > (1) The functions of the President are—\n> > \n> > > (a) to direct the business of the Commission (including determining the places and times for sittings of the Commission), and\n> > \n> > > (b) to facilitate the adoption of good administrative practices for the conduct of the business of the Commission, and\n> > \n> > > (c) to give directions about, and participate in the development of, the practice and procedure to be followed by the Commission, and\n> > \n> > > (d) to manage members in each of the Divisions of the Commission, and\n> > \n> > > (e) to appoint medical assessors, merit reviewers and mediators for the purposes of enabling legislation and exercise general direction and control over the exercise of their functions, and\n> > \n> > > (f) to advise the Minister about the appointment, reappointment and removal of members and assist in the process of recruitment at the direction of the Minister, and\n> > \n> > > (g) any other functions that are conferred or imposed on the President by or under this Act or any other legislation.\n> \n> > (2) Without limiting subsection (1), the President has the following functions if appointed before the establishment day—\n> > \n> > > (a) to assist in the development of the Commission rules for the Commission to use on its establishment,\n> > \n> > > (b) to assign functions to other members appointed before the establishment day (including any Division Head of a Commission Division) with respect to the establishment of the Commission,\n> > \n> > > (c) to assign functions to any registrar or other member of staff appointed before the establishment day,\n> > \n> > > (d) any other functions as are necessary or convenient to facilitate the establishment of the Commission.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Functions of Division Heads","content":"#### 17 Functions of Division Heads\n\n17 Functions of Division Heads\n\n> > (1) The functions of a Division Head of a Commission Division are—\n> > \n> > > (a) to direct (subject to this Act, the regulations, the Commission rules and any direction of the President) the business of the Commission in that Division, and\n> > \n> > > (b) to exercise any other functions conferred or imposed on the Division Head by or under this Act or any other legislation.\n> \n> > (2) Without limiting subsection (1), a Division Head of a Commission Division appointed before the establishment day has and may exercise any functions with respect to the establishment of the Commission as may be assigned to the Division Head under section 16(2).","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Delegations by the President and Division Heads","content":"#### 18 Delegations by the President and Division Heads\n\n18 Delegations by the President and Division Heads\n\n> > (1) The President may—\n> > \n> > > (a) delegate to a Division Head of a Commission Division or other member any of the functions of the President (other than this power of delegation), or\n> > \n> > > (b) delegate to a registrar or any other member of staff of the Commission any of the functions of the President (other than this power of delegation) specified by a Division Schedule for a Commission Division or prescribed by the Commission rules.\n> > \n> > Note.\n> > \n> > Section 49 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains general provisions relating to the delegation of functions.\n> \n> > (2) Despite subsection (1), the President may delegate a function of the President under section 92 of the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041) or section 7.34 of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) only to the Division Head of the Motor Accidents Division.\n> \n> > (3) The Division Head of a Commission Division may—\n> > \n> > > (a) delegate to another Division member any of the functions of the Division Head (other than this power of delegation), or\n> > \n> > > (b) delegate to a registrar or any other member of staff of the Commission any of the functions of the Division Head (other than this power of delegation) specified by the Division Schedule for the Division or prescribed by the Commission rules.\n> \n> > (4) A delegate may subdelegate a function delegated to the delegate if—\n> > \n> > > (a) for a function of the President—the delegate is authorised in writing to do so by the President, or\n> > \n> > > (b) for a function of a Division Head of a Commission Division—the delegate is authorised in writing to do so by the Division Head.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Rule Committee of Commission","content":"#### 19 Rule Committee of Commission\n\n19 Rule Committee of Commission\n\n> > (1) There is to be a Rule Committee of the Commission.\n> \n> > (2) The functions of the Rule Committee are—\n> > \n> > > (a) to make the Commission rules, and\n> > \n> > > (b) to ensure that the Commission rules it makes are as flexible and informal as possible.\n> \n> > (3) The Rule Committee is to be composed of the following—\n> > \n> > > (a) the President,\n> > \n> > > (b) each Division Head of a Commission Division,\n> > \n> > > (c) 1 person nominated for the time being by the Authority,\n> > \n> > > (c1) 1 person nominated by the Commissioner of Police,\n> > \n> > > (d) 1 person nominated for the time being by Unions NSW,\n> > \n> > > (e) 1 person jointly nominated for the time being by the following—\n> > > \n> > > > (i) the Ai Group,\n> > > \n> > > > (ii) the Australian Federation of Employers and Industries,\n> > > \n> > > > (iii) the NSW Business Chamber,\n> > \n> > > (f) 2 barristers nominated for the time being by the Council of the New South Wales Bar Association who, in the opinion of the Council, have special knowledge, skill or expertise in relation to any class of workers compensation claims or motor accidents claims,\n> > \n> > > (g) 2 solicitors nominated for the time being by the Council of the Law Society of New South Wales who, in the opinion of the Council, have special knowledge, skill or expertise in relation to any class of workers compensation claims or motor accidents claims,\n> > \n> > > (h) 1 person jointly nominated by the Presidents for the time being of the following—\n> > > \n> > > > (i) the Royal Australasian College of Physicians,\n> > > \n> > > > (ii) the Royal Australasian College of Surgeons,\n> > > \n> > > > (iii) the Royal Australian and New Zealand College of Psychiatrists.\n> \n> > (4) The President is to be the Chairperson of the Rule Committee.\n> \n> > (5) The President is to appoint one of the other members of the Rule Committee who is a member of the Commission as Deputy Chairperson of the Rule Committee.\n> \n> > (6) Unless the regulations provide otherwise, the Rule Committee is to regulate its own procedure.\n> \n> > (7) The following provisions apply in relation to meetings of the Rule Committee unless the regulations provide, or the Rule Committee decides, otherwise—\n> > \n> > > (a) the Chairperson of the Rule Committee or, in the absence of the Chairperson, the Deputy Chairperson of the Committee is to preside at a meeting of the Committee,\n> > \n> > > (b) in the absence from a meeting of the Rule Committee of both the Chairperson and Deputy Chairperson, another member of the Committee who is a Division Head of a Commission Division is to be chosen by the members present to preside at the meeting,\n> > \n> > > (c) the quorum for a meeting of the Rule Committee is a majority of the number of the members for the time being,\n> > \n> > > (d) any duly convened meeting of the Rule Committee at which a quorum is present is competent to transact any business of the Rule Committee and has and may exercise all the functions of the Rule Committee,\n> > \n> > > (e) a decision supported by a majority of the votes cast at a meeting of the Rule Committee at which a quorum is present is the decision of the Committee,\n> > \n> > > (f) the person presiding at a meeting of the Rule Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.\n> \n> > (8) Despite subsections (6) and (7), a Commission rule cannot take effect unless the President consents to the rule being made either by—\n> > \n> > > (a) voting for it at the meeting at which it is proposed to be made, or\n> > \n> > > (b) giving written consent for its making before or after the meeting.\n> \n> > (9) The President is to call the first meeting of the Rule Committee in the manner the President thinks fit and (subject to any decision of the Committee) may call any other meetings of the Committee as the President thinks necessary.\n> \n> > (10) In this section—\n> > \n> > motor accidents claims means claims for statutory benefits or damages to which the motor accidents legislation applies.\n> > \n> > workers compensation claims means claims for compensation or damages to which the workers compensation legislation applies.\n> \n> **s 19:** Am 2024 No 60, Sch 2\\[7\\].","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Commission rules","content":"#### 20 Commission rules\n\n20 Commission rules\n\n> > (1) The Rule Committee may make rules of the Commission (referred to in this Act as the Commission rules), not inconsistent with this Act or enabling legislation, for or with respect to the following—\n> > \n> > > (a) the practice and procedure to be followed in proceedings before the Commission,\n> > \n> > > (b) the practice and procedure to be followed in proceedings before medical assessors, merit reviewers or mediators,\n> > \n> > > (c) any matter that is, by this Act or enabling legislation, required or permitted to be prescribed by the Commission rules.\n> > \n> > Note.\n> > \n> > The Commission rules are rules of court within the meaning of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). Rules of court are statutory rules for the purposes of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). As a result, they can be disallowed by either House of Parliament under Part 6 of that Act.\n> \n> > (2) Without limiting subsection (1), the Commission rules may make provision for or with respect to any of the following matters—\n> > \n> > > (a) the way for referring claims or disputes for assessment or determination or for making appeals,\n> > \n> > > (b) the amendment of filed or lodged documents,\n> > \n> > > (c) non-compliance with provisions concerning practice and procedure (including the effect of irregularities on proceedings),\n> > \n> > > (d) the making of assessments and determinations,\n> > \n> > > (e) the way for specifying an amount of damages, statutory benefits or compensation,\n> > \n> > > (f) the parties to proceedings (including the joinder, misjoinder and non-joinder of parties and rights of intervention of third parties such as the Authority in proceedings),\n> > \n> > > (g) the splitting and consolidation of proceedings in the Commission,\n> > \n> > > (h) the documentation to accompany a reference of a claim or dispute for assessment or determination or an appeal,\n> > \n> > > (i) the way for presenting documents and information by parties, including time limits for the presentation of the documents and information,\n> > \n> > > (j) the provision of documents and information by a party to a matter to any other party to the matter,\n> > \n> > > (k) the way for notifying the parties to proceedings of decisions of, or other action taken by, the Commission in the proceedings,\n> > \n> > > (l) the form, use and effect of the seal of the Commission,\n> > \n> > > (m) the specification of exceptions, limitations or other restrictions in relation to a provision of this Act or enabling legislation that is expressed to be subject to the Commission rules.\n> \n> > (3) The Commission rules may authorise or require the use of an electronic case management system established under clause 2 of Schedule 1 to the [Electronic Transactions Act 2000](/view/html/inforce/current/act-2000-008) in relation to any proceedings in the Commission in respect of which the use of the system is authorised by an order in force under clause 3 of Schedule 1 to that Act.\n> \n> > (4) Without limiting the generality of section 42 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), the Commission rules may also prescribe different rules for—\n> > \n> > > (a) each of the Divisions of the Commission, and\n> > \n> > > (b) different classes of matters.\n> \n> > (5) This section does not limit the operation of section 78 (Rules of court) of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> **s 20:** Am 2023 No 7, Sch 3.21.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Procedural directions","content":"#### 21 Procedural directions\n\n21 Procedural directions\n\n> > (1) The President may give directions (procedural directions) relating to the practice and procedures to be followed in proceedings before—\n> > \n> > > (a) the Commission, or\n> > \n> > > (b) medical assessors or merit reviewers.\n> \n> > (2) The procedural directions must be—\n> > \n> > > (a) publicly available, and\n> > \n> > > (b) consistent with this Act and enabling legislation.\n> \n> > (3) Without limiting subsection (2)(a), it is sufficient compliance with that paragraph if procedural directions are published on the website of the Commission.\n> \n> > (4) Each of the following must comply with any applicable procedural directions—\n> > \n> > > (a) members,\n> > \n> > > (b) medical assessors,\n> > \n> > > (c) merit reviewers,\n> > \n> > > (d) the parties to proceedings and their representatives and agents.","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Appointment of registrars and other staff","content":"#### 22 Appointment of registrars and other staff\n\n22 Appointment of registrars and other staff\n\n> > (1) Persons (including the principal registrar and other registrars) may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Commission to exercise its functions.\n> > \n> > Note.\n> > \n> > Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) provides that the persons so employed (or whose services the Commission makes use of) may be referred to as officers or employees, or members of staff, of the Commission. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes the Commission from employing staff.\n> \n> > (2) This section does not affect the exercise of the functions under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) of the head of the Public Service agency in which those persons are employed.\n> \n> > (3) The Authority or any other Department of the Government as the regulations may specify is to provide for the Commission—\n> > \n> > > (a) facilities (including registry facilities), and\n> > \n> > > (b) any additional staff that may be necessary.\n> \n> > (4) Without limiting subsection (3), the President may enter into arrangements with any government agency or other body or person (whether in the public or private sector) for the provision of assistance to the Commission in connection with the exercise of its functions.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Functions of registrars","content":"#### 23 Functions of registrars\n\n23 Functions of registrars\n\n> > (1) A registrar has the functions conferred or imposed on the registrar by or under this Act or any other legislation.\n> \n> > (2) The principal registrar has the following additional functions—\n> > \n> > > (a) to assist the President in managing the business and the affairs of the Commission,\n> > \n> > > (b) any administrative and other functions conferred or imposed on the principal registrar by or under this Act or any other legislation.\n> \n> > (3) A registrar may exercise any functions of the principal registrar as may be directed by the President or principal registrar.\n> \n> > (4) Without limiting subsections (1) and (3)—\n> > \n> > > (a) the President may, from time to time, designate a registrar to be a registrar for one or more Divisions of the Commission, and\n> > \n> > > (b) the designated registrar may (subject to any direction of the President or principal registrar) exercise the functions of the principal registrar in connection with proceedings and legislation allocated to the Division or Divisions concerned.\n> \n> > (5) Anything done or omitted to be done by a registrar in exercising a function of the principal registrar has effect as if it had been done or omitted to be done by the principal registrar.\n> \n> > (6) The Commission rules may make provision for or with respect to the functions of the principal registrar and other registrars, including authorising registrars to make specified kinds of decisions of the Commission on behalf of the Commission.\n> \n> > (7) In addition, a registrar (including the principal registrar) appointed before the establishment day has and may exercise any functions with respect to the establishment of the Commission as may be assigned to the registrar under section 16(2).","sortOrder":31},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions and constitution of Commission","content":"# Part 3 Functions and constitution of Commission\n\nPart 3 Functions and constitution of Commission","sortOrder":32},{"sectionNumber":"Division 3","sectionType":"division","heading":"Functions","content":"## Division 3 Functions\n\nDivision 3.1 Functions","sortOrder":33},{"sectionNumber":"24","sectionType":"section","heading":"Functions of Commission generally","content":"#### 24 Functions of Commission generally\n\n24 Functions of Commission generally\n\n> The Commission has the jurisdiction and functions that may be conferred or imposed on it by or under this Act, enabling legislation or any other legislation.","sortOrder":34},{"sectionNumber":"25","sectionType":"section","heading":"Definitions","content":"#### 25 Definitions\n\n25 Definitions\n\n> In this Division—\n> \n> compensation claim means—\n> \n> > (a) a claim for damages to which the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041) applies, or\n> \n> > (b) a claim for statutory benefits to which the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) applies, or\n> \n> > (c) a claim for damages to which the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) applies, or\n> \n> > (c1) a claim under the police officer support scheme, or\n> \n> > (d) a claim for compensation or work injury damages to which the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086) applies.\n> \n> compensation matter application—see section 26.\n> \n> federal jurisdiction means jurisdiction of a kind referred to in section 75 or 76 of the Commonwealth Constitution.\n> \n> relevant courts legislation means—\n> \n> > (a) the [District Court Act 1973](/view/html/inforce/current/act-1973-009) and the rules of court under that Act, and\n> \n> > (b) the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) and the regulations and uniform rules under that Act in their application to the District Court.\n> \n> substituted proceedings—see section 27.\n> \n> usual decision-maker, in relation to determining a matter concerning a compensation claim, means the person or body (whether or not the President or Commission) on which the function is conferred or imposed by this Act or enabling legislation.\n> \n> **s 25:** Am 2024 No 60, Sch 2\\[8\\].","sortOrder":36},{"sectionNumber":"26","sectionType":"section","heading":"Applications involving federal jurisdiction may be made to District Court","content":"#### 26 Applications involving federal jurisdiction may be made to District Court\n\n26 Applications involving federal jurisdiction may be made to District Court\n\n> > (1) A person with standing to apply to the President or the Commission for a matter concerning a compensation claim to be determined by the usual decision-maker (a compensation matter application) may, with the leave of the District Court, make the application to the Court instead of the President or Commission.\n> \n> > (2) The regulations may make provision for or with respect to—\n> > \n> > > (a) who has standing to make an application for leave, and\n> > \n> > > (b) excluding or including applications as compensation matter applications.\n> \n> > (3) The District Court may grant leave for a compensation matter application to be made to the Court only if it is satisfied that—\n> > \n> > > (a) an application was first made to the President or Commission, and\n> > \n> > > (b) the determination of the matter by the usual decision-maker would involve an exercise of federal jurisdiction, and\n> > \n> > > (c) the usual decision-maker would otherwise have had jurisdiction enabling the decision-maker to determine the application.\n> \n> > (4) An application for leave must be—\n> > \n> > > (a) filed with the District Court along with—\n> > > \n> > > > (i) an application that has been completed in the form and manner required under this Act or enabling legislation for the kind of compensation matter application concerned, and\n> > > \n> > > > (ii) if the parties to the compensation matter application have reached a settlement before leave is sought using a resolution process provided under this Act or enabling legislation—a copy of the terms of settlement, and\n> > \n> > > (b) accompanied by the applicable fee (if any) payable for the compensation matter application unless it has already been paid.\n> \n> > (5) The District Court may—\n> > \n> > > (a) remit a compensation matter application for determination by the usual decision-maker if the Court is satisfied that the usual decision-maker has jurisdiction to determine it, and\n> > \n> > > (b) do so instead of granting leave or after granting leave.\n> \n> > (6) If the District Court remits a compensation matter application to be dealt with by the usual decision-maker, the Court may make such orders that it considers appropriate to facilitate the determination of the application by the decision-maker.\n> \n> > (7) The usual decision-maker is to determine any compensation matter application that is remitted to the decision-maker in accordance with any orders made by the District Court.","sortOrder":37},{"sectionNumber":"27","sectionType":"section","heading":"Proceedings after leave granted","content":"#### 27 Proceedings after leave granted\n\n27 Proceedings after leave granted\n\n> > (1) If the District Court grants leave for a compensation matter application to be made to it instead of the President or Commission—\n> > \n> > > (a) proceedings for the determination of the application (substituted proceedings) are taken to have been commenced in the Court on the day on which the application was first made, and\n> > \n> > > (b) the Court may make such orders (including in relation to the usual decision-maker) as it considers appropriate to facilitate its determination of the application.\n> \n> > (2) Subsection (1) applies despite any limitation period under the [Limitation Act 1969](/view/html/inforce/current/act-1969-031) or any enabling legislation that applies to the application concerned provided it was first lodged for exercise by the usual decision-maker before the expiry of the period.\n> \n> > (3) The District Court has, and may exercise, all of the jurisdiction and functions in relation to the substituted proceedings that the usual decision-maker would have had if they could exercise federal jurisdiction, including jurisdiction and functions conferred or imposed by or under this Act, enabling legislation or any other legislation.\n> \n> > (4) Without limiting subsection (3), the District Court may—\n> > \n> > > (a) order that a medical assessment or merit review required by or under enabling legislation (or a review or appeal against the assessment or merit review) be carried out for the Court by a medical assessor, merit reviewer or panel specified by the Court, and\n> > \n> > > (b) make any other orders it thinks fit to facilitate the carrying out of the medical assessment, merit review or the review or appeal before the panel (including with respect to the issuing of certificates), and\n> > \n> > > (c) adopt (whether with or without variation), or refuse to adopt, the decision of the medical assessor, merit reviewer or panel as the Court sees fit.\n> \n> > (5) A decision adopted by the Court (whether with or without variation) has effect as a decision of the Court in respect of the matter concerned.\n> \n> > (6) This section has effect subject to the provisions specified by section 28.","sortOrder":38},{"sectionNumber":"28","sectionType":"section","heading":"Provisions relating to determining substituted proceedings","content":"#### 28 Provisions relating to determining substituted proceedings\n\n28 Provisions relating to determining substituted proceedings\n\n> > (1) The following provisions apply in relation to substituted proceedings—\n> > \n> > > (a) the District Court is to be constituted as provided by its relevant courts legislation instead of as provided by this Act or enabling legislation,\n> > \n> > > (b) the legislation applicable to appeals against decisions of the District Court applies to decisions of the Court instead of appeal provisions specified by or under this Act, enabling legislation or any other legislation,\n> > \n> > > (c) the practice and procedure applicable in the District Court under its relevant courts legislation (and any laws applicable in relation to contempt of court) apply to the substituted proceedings instead of the practice and procedure specified by or under this Act, enabling legislation or any other legislation,\n> > \n> > > (d) the District Court may make orders giving effect to any settlement reached by the parties even if that settlement was reached before the substituted proceedings commenced,\n> > \n> > > (e) any other provisions (including by way of modifications to the provisions of this Act, enabling legislation or other legislation) as may be prescribed by the regulations in respect of the substituted proceedings of the kind concerned.\n> \n> > (2) Without limiting subsection (1)(e), the provisions that may be prescribed by the regulations for the purposes of the paragraph include provisions for or with respect to the following—\n> > \n> > > (a) the parties to substituted proceedings,\n> > \n> > > (b) fees and costs payable in respect of substituted proceedings,\n> > \n> > > (c) enabling a person or body to determine a matter for the District Court,\n> > \n> > > (d) the updating of references in provisions of this Act, enabling legislation or other legislation conferring or imposing functions exercisable in substituted proceedings by the District Court instead of some other person or body.\n> \n> > (3) The Minister is not to recommend the making of a regulation for the purposes of subsection (1)(e) unless the Minister certifies that—\n> > \n> > > (a) if the proposed provisions affect the exercise of jurisdiction or functions by the Commission—the President has agreed to the provisions, and\n> > \n> > > (b) if the proposed provisions affect the exercise of jurisdiction or functions by the District Court—the Chief Judge of the District Court has agreed to the provisions.","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Commencement of court proceedings","content":"#### 29 Commencement of court proceedings\n\n29 Commencement of court proceedings\n\n> The regulations may make provision for or with respect to the modification of provisions of enabling legislation preventing the commencement of proceedings in a court for a compensation claim unless certain preconditions are met, if compliance with those preconditions may involve an exercise of federal jurisdiction or be the subject of substituted proceedings.","sortOrder":40},{"sectionNumber":"30","sectionType":"section","heading":"Relationship of Division to this Act and other laws","content":"#### 30 Relationship of Division to this Act and other laws\n\n30 Relationship of Division to this Act and other laws\n\n> > (1) The provisions of this Division (including of regulations made for the purposes of a provision of this Division) prevail to the extent of any inconsistency between those provisions and any other provisions of this Act, enabling legislation or other legislation.\n> \n> > (2) To avoid doubt, subsection (1) applies despite anything in a Division Schedule for a Commission Division.","sortOrder":41},{"sectionNumber":"31","sectionType":"section","heading":"Constitution of Commission","content":"#### 31 Constitution of Commission\n\n31 Constitution of Commission\n\n> > (1) The Commission is to be constituted by one or more Division members of the Commission Division to which the function of dealing with the proceedings is allocated.\n> > \n> > Note.\n> > \n> > A Division Schedule for a Commission Division may, in some cases, make special provision for the constitution of the Commission when exercising functions allocated to that Division (including the qualifications of members to sit in specified kinds of proceedings). It may also provide for certain Division functions to be exercised by a registrar.\n> \n> > (2) The President may give directions as to the members who are to constitute the Commission for the purposes of any particular proceedings.\n> > \n> > Note.\n> > \n> > The President may delegate the function of constituting the Commission for particular proceedings to a Division Head of a Commission Division or another member. See section 18.\n> \n> > (3) The President may give directions (whether for particular proceedings, classes of proceedings or generally) as to which member is to preside at proceedings in the Commission when the Commission is constituted by more than one member.\n> \n> > (4) There may be more than one sitting of the Commission at the same time.\n> \n> > (5) The President may direct that proceedings be conducted outside the State—\n> > \n> > > (a) if requested by a party to the proceedings, or\n> > \n> > > (b) with the consent of the parties to the proceedings.\n> \n> > (6) In deciding whether to make a direction under subsection (5), the President must consider the following—\n> > \n> > > (a) the interests and wishes of the parties to the proceedings,\n> > \n> > > (b) the nature and complexity of the proceedings,\n> > \n> > > (c) if the arrangement is necessary for the timely and cost effective conduct of the proceedings,\n> > \n> > > (d) other matters the President considers relevant.\n> \n> **s 31:** Am 2021 No 32, Sch 1.13\\[1\\].","sortOrder":43},{"sectionNumber":"Part 4","sectionType":"part","heading":"Medical assessors, merit reviewers and mediators","content":"# Part 4 Medical assessors, merit reviewers and mediators\n\nPart 4 Medical assessors, merit reviewers and mediators","sortOrder":44},{"sectionNumber":"Division 4","sectionType":"division","heading":"Medical assessors and merit reviewers","content":"## Division 4 Medical assessors and merit reviewers\n\nDivision 4.1 Medical assessors and merit reviewers","sortOrder":45},{"sectionNumber":"32","sectionType":"section","heading":"Definition","content":"#### 32 Definition\n\n32 Definition\n\n> In this Division—\n> \n> decision-maker means a medical assessor or a merit reviewer.","sortOrder":46},{"sectionNumber":"33","sectionType":"section","heading":"Appointment of medical assessors and merit reviewers","content":"#### 33 Appointment of medical assessors and merit reviewers\n\n33 Appointment of medical assessors and merit reviewers\n\n> > (1) The President may, in accordance with the regulations, appoint persons to be—\n> > \n> > > (a) medical assessors for the purposes of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086), or\n> > \n> > > (b) medical assessors for the purposes of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) or [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041) (or both), or\n> > \n> > > (b1) medical assessors for the purposes of the police officer support scheme, or\n> > \n> > > (c) merit reviewers for the purposes of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010).\n> \n> > (2) Without limiting subsection (1), a member or a Public Service employee may be appointed as a decision-maker.\n> \n> > (3) A person is qualified to be appointed as a merit reviewer only if, in the opinion of the appointor, the person has special knowledge, skill or expertise in respect of the motor accidents legislation or administrative decision-making.\n> \n> > (4) A merit reviewer is assigned to the Motor Accidents Division.\n> \n> > (5) The terms of appointment of a decision-maker may restrict a decision-maker to disputes of a specified kind (including to disputes or assessments under specified legislation).\n> \n> > (6) One or more medical assessors may be appointed as a senior medical assessor, either by the assessor’s instrument of appointment or by a later instrument executed by the President.\n> \n> > (7) The President is to ensure that, as far as reasonably practicable, there are medical assessors in the regional areas of the State.\n> \n> > (8) The President may remove a decision-maker from office at any time.\n> \n> > (9) A decision-maker who is not a member or Public Service employee is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Minister may from time to time determine.\n> \n> > (10) Nothing in this section prevents a person being appointed as a decision-maker of more than one class.\n> \n> **s 33:** Am 2024 No 60, Sch 2\\[9\\].","sortOrder":47},{"sectionNumber":"34","sectionType":"section","heading":"Functions of decision-makers","content":"#### 34 Functions of decision-makers\n\n34 Functions of decision-makers\n\n> A decision-maker has the functions that are conferred on the decision-maker by or under—\n> \n> > (a) this Act, and\n> \n> > (b) the legislation for which the decision-maker was appointed.","sortOrder":48},{"sectionNumber":"35","sectionType":"section","heading":"Lists of decision-makers","content":"#### 35 Lists of decision-makers\n\n35 Lists of decision-makers\n\n> > (1) The principal registrar may from time to time issue a list of persons who are appointed as decision-makers under this Division.\n> \n> > (2) The list is evidence of the appointments concerned.","sortOrder":49},{"sectionNumber":"36","sectionType":"section","heading":"Control and direction of decision-makers","content":"#### 36 Control and direction of decision-makers\n\n36 Control and direction of decision-makers\n\n> > (1) Decision-makers are, in the exercise of their functions, subject to the general control and direction of the President.\n> \n> > (2) However, a decision-maker is not subject to control and direction by the Commission (or a member), the Authority or any Public Service employee with regard to any of the decisions of the decision-maker that affect the interests of the parties to the merit review or medical assessment concerned.\n> \n> > (3) The Commission (or a member), the Authority or any Public Service employee may not overrule or interfere with any decision in respect of any assessment or review.\n> \n> > (4) Subsection (3) does not prevent an appeal or review panel from determining an appeal or review for which provision is made under enabling legislation.\n> \n> > (5) This section does not affect the exercise of the functions of the head of a Public Service agency under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) with respect to decision-makers who are members of staff of the agency.","sortOrder":50},{"sectionNumber":"37","sectionType":"section","heading":"Provision of training and information","content":"#### 37 Provision of training and information\n\n37 Provision of training and information\n\n> > (1) The Commission may make arrangements for the provision of training and information to medical assessors and merit reviewers to promote accurate and consistent decisions by medical assessors and merit reviewers.\n> \n> > (2) In providing training for medical assessors, the Commission is to have regard to any relevant material prepared by the Authority.","sortOrder":51},{"sectionNumber":"38","sectionType":"section","heading":"Protection of decision-makers","content":"#### 38 Protection of decision-makers\n\n38 Protection of decision-makers\n\n> A decision-maker is, in any legal proceedings, competent but not compellable to give evidence or produce documents in respect of any matter in which the decision-maker was involved in the course of the exercise of functions as a decision-maker.\n> \n> Note.\n> \n> See also section 64 (Protection of representatives, witnesses and relevant Commission officers).","sortOrder":52},{"sectionNumber":"39","sectionType":"section","heading":"Appointment of mediators","content":"#### 39 Appointment of mediators\n\n39 Appointment of mediators\n\n> > (1) The President may, in accordance with the regulations, appoint persons to be—\n> > \n> > > (a) mediators for the purposes of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086) to mediate on claims for work injury damages within the meaning of that Act as and when required to do so by the Division Head of the Workers Compensation Division, or\n> > \n> > > (b) mediators for any other purposes prescribed by the regulations.\n> \n> > (2) A person is qualified to be appointed as a mediator only if, in the opinion of the appointor, the person has—\n> > \n> > > (a) special knowledge, skill or expertise in respect of the enabling legislation concerned, and\n> > \n> > > (b) mediation qualifications of a kind prescribed by the regulations.\n> \n> > (3) Mediators are, in the exercise of their functions, subject to the general control and direction of the President.\n> \n> > (4) Subject to this section, a mediator holds office for the period (not exceeding 5 years) specified in the instrument of appointment of the mediator, but is eligible for reappointment.\n> \n> > (5) A mediator is entitled to be paid the remuneration (including travelling and subsistence allowances) in respect of work done as a mediator as the Minister may from time to time determine in respect of the mediator.\n> \n> > (6) A mediator vacates office if the mediator—\n> > \n> > > (a) dies, or\n> > \n> > > (b) completes a term of office and is not reappointed, or\n> > \n> > > (c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or\n> > \n> > > (d) becomes a mentally incapacitated person, or\n> > \n> > > (e) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or\n> > \n> > > (f) resigns the office by instrument in writing addressed to the President, or\n> > \n> > > (g) is removed from office by the President.\n> \n> > (7) The President may at any time remove a mediator from office.\n> \n> > (8) The provisions of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) relating to the employment of Public Service employees do not apply to a mediator.","sortOrder":54},{"sectionNumber":"40","sectionType":"section","heading":"Protection of mediators","content":"#### 40 Protection of mediators\n\n40 Protection of mediators\n\n> A mediator is, in any legal proceedings, competent but not compellable to give evidence or produce documents in respect of any matter in which the mediator was involved in the course of the exercise of the mediator’s functions as a mediator.\n> \n> Note.\n> \n> See also section 64 (Protection of representatives, witnesses and relevant Commission officers).","sortOrder":55},{"sectionNumber":"Part 5","sectionType":"part","heading":"Practice and procedure","content":"# Part 5 Practice and procedure\n\nPart 5 Practice and procedure","sortOrder":56},{"sectionNumber":"Division 5","sectionType":"division","heading":"Introduction","content":"## Division 5 Introduction\n\nDivision 5.1 Introduction","sortOrder":57},{"sectionNumber":"41","sectionType":"section","heading":"Application of Part","content":"#### 41 Application of Part\n\n41 Application of Part\n\n> > (1) Each of the provisions of this Part (including as applied by the Commission rules under subsection (2)) is subject to enabling legislation and the Commission rules.\n> > \n> > Note.\n> > \n> > The Division Schedule for a Commission Division may, in some cases, make special provision for the practice and procedure to be followed in connection with certain proceedings allocated to the Division for determination. The provisions of the Division Schedule prevail to the extent of any inconsistency with the provisions of this Part. See section 13(2).\n> > \n> > Section 5(3) also provides that any provisions of this Act or enabling legislation that are expressed to be subject to the Commission rules have effect subject to any exceptions, limitations or other restrictions specified by the Commission rules.\n> > \n> > Enabling legislation may also make provision for matters relating to practice and procedure in relation to functions conferred on the Commission, including (for example) specifying periods within which applications or appeals under that legislation are to be made.\n> \n> > (2) The Commission rules may make provision for or with respect to applying provisions of this Part (whether with or without modification) to the following—\n> > \n> > > (a) proceedings before a merit reviewer or medical assessor under enabling legislation,\n> > \n> > > (b) proceedings before a panel under enabling legislation determining an appeal against, or a review of, a decision of a merit reviewer or medical assessor.","sortOrder":58},{"sectionNumber":"42","sectionType":"section","heading":"Guiding principle to be applied to practice and procedure","content":"#### 42 Guiding principle to be applied to practice and procedure\n\n42 Guiding principle to be applied to practice and procedure\n\n> > (1) The guiding principle for this Act and the Commission rules, in their application to proceedings in the Commission, is to facilitate the just, quick and cost effective resolution of the real issues in the proceedings.\n> \n> > (2) The Commission must seek to give effect to the guiding principle when it—\n> > \n> > > (a) exercises any power given to it by this Act or the Commission rules, or\n> > \n> > > (b) interprets any provision of this Act or the Commission rules.\n> \n> > (3) Each of the following persons is under a duty to co-operate with the Commission to give effect to the guiding principle and, for that purpose, to participate in the processes of the Commission and to comply with directions and orders of the Commission—\n> > \n> > > (a) a party to proceedings in the Commission,\n> > \n> > > (b) an Australian legal practitioner or other person who is representing a party in proceedings in the Commission.\n> \n> > (4) In addition, the practice and procedure of the Commission should be implemented so as to facilitate the resolution of the issues between the parties in such a way that the cost to the parties and the Commission is proportionate to the importance and complexity of the subject-matter of the proceedings.\n> \n> > (5) However, nothing in this section requires or permits the Commission to exercise any functions that are conferred or imposed on it under enabling legislation in a manner that is inconsistent with the objects or principles for which that legislation provides in relation to the exercise of those functions.","sortOrder":59},{"sectionNumber":"43","sectionType":"section","heading":"Procedure before Commission generally","content":"#### 43 Procedure before Commission generally\n\n43 Procedure before Commission generally\n\n> > (1) Proceedings in any matter before the Commission are to be conducted with as little formality and technicality as the proper consideration of the matter permits.\n> \n> > (2) The Commission is not bound by the rules of evidence but may inform itself on any matter in the manner the Commission thinks appropriate and as the proper consideration of the matter before the Commission permits.\n> \n> > (3) The Commission is to act according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms.","sortOrder":60},{"sectionNumber":"43A","sectionType":"section","heading":"Commission may appoint tutor for person under legal incapacity","content":"#### 43A Commission may appoint tutor for person under legal incapacity\n\n43A Commission may appoint tutor for person under legal incapacity\n\n> > (1) This section applies if proceedings directly or significantly affect a person under legal incapacity.\n> \n> > (2) The Commission may appoint a person the Commission considers appropriate, including a person from the Guardian Ad Litem Panel, to—\n> > \n> > > (a) separately represent the person, and\n> > \n> > > (b) support the person.\n> \n> > (3) A tutor must not commence or carry on proceedings except by a solicitor, unless the Commission orders otherwise.\n> \n> > (4) The Commission may give directions in relation to the conduct of a tutor.\n> \n> > (5) The Commission rules and procedural directions may provide for matters relating to tutors, including—\n> > \n> > > (a) the conduct of tutors, and\n> > \n> > > (b) the removal of tutors.\n> \n> > (6) In this section—\n> > \n> > Guardian Ad Litem Panel means the Guardian Ad Litem Panel constituted under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).\n> > \n> > person under legal incapacity has the same meaning as in the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028).\n> \n> **s 43A:** Ins 2025 No 72, Sch 3\\[1\\].","sortOrder":61},{"sectionNumber":"44","sectionType":"section","heading":"What constitutes an application","content":"#### 44 What constitutes an application\n\n44 What constitutes an application\n\n> For the purposes of this Act, an application to the Commission includes a referral or other mechanism (however expressed) by means of which enabling legislation provides for a matter to be brought to the attention of the Commission for a decision.","sortOrder":63},{"sectionNumber":"45","sectionType":"section","heading":"Making of applications and appeals","content":"#### 45 Making of applications and appeals\n\n45 Making of applications and appeals\n\n> An application or appeal to the Commission is to be made in the time and manner prescribed by enabling legislation or the Commission rules.","sortOrder":64},{"sectionNumber":"46","sectionType":"section","heading":"Service of documents outside the State","content":"#### 46 Service of documents outside the State\n\n46 Service of documents outside the State\n\n> The Commission may require a document to be served outside the State.","sortOrder":65},{"sectionNumber":"47","sectionType":"section","heading":"Intervention by Authority","content":"#### 47 Intervention by Authority\n\n47 Intervention by Authority\n\n> The Authority—\n> \n> > (a) has a right to be heard in any proceedings before the Commission, and\n> \n> > (b) may, for that purpose, be represented by an Australian legal practitioner or a member of staff of the Authority or by any other person, and\n> \n> > (c) may apply for an order for which any party may apply in those proceedings.","sortOrder":67},{"sectionNumber":"48","sectionType":"section","heading":"Representation before Commission","content":"#### 48 Representation before Commission\n\n48 Representation before Commission\n\n> > (1) A person who is a party to proceedings before the Commission is entitled to be represented by an Australian legal practitioner or by an agent.\n> \n> > (2) The Commission may refuse to permit a party to be represented by an agent if of the opinion that the agent does not have sufficient authority to make binding decisions on behalf of the party.\n> \n> > (3) In proceedings in respect of a claim within the meaning of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086), the Commission must refuse to permit an insurer to be represented by an Australian legal practitioner if the claimant is not represented by an Australian legal practitioner unless leave is granted by the Commission under subsection (4).\n> \n> > (4) The Commission may, on the application of an insurer, grant leave for an insurer to be represented by an Australian legal practitioner only if satisfied that—\n> > \n> > > (a) the representation would enable the matter to be dealt with more efficiently, taking into account the complexity of the matter, or\n> > \n> > > (b) it would be unfair not to allow the insurer to be represented because the insurer is unable to represent the insurer effectively, or\n> > \n> > > (c) it would be unfair not to allow the insurer to be represented, taking into account fairness between the insurer and other parties in the proceedings.\n> \n> > (5) The Commission may at any time revoke leave it has granted under subsection (4).\n> \n> > (6) A party to proceedings before the Commission is entitled to representation or assistance (for example, the assistance of an interpreter) as may be necessary to enable the party to communicate adequately at any conference or hearing.\n> \n> > (7) The Commission must take into account any written submission prepared by an Australian legal practitioner acting for a party to proceedings and submitted by or on behalf of the party (whether or not the party is represented by an Australian legal practitioner at any conference or hearing in the proceedings).\n> \n> > (8) In this section—\n> > \n> > agent, in relation to proceedings allocated to the Workers Compensation Division, means—\n> > \n> > > (a) an officer of an industrial organisation of employers or employees registered under the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), or\n> > \n> > > (b) an officer of an association of employers or employees registered under the [Fair Work Act 2009](http://www.legislation.gov.au/) of the Commonwealth, or\n> > \n> > > (c) a person employed by a licensed insurer or former licensed insurer or by a self-insurer within the meaning of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086), or\n> > \n> > > (d) a person employed by a law practice within the meaning of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a).","sortOrder":68},{"sectionNumber":"49","sectionType":"section","heading":"Power of Commission to require information","content":"#### 49 Power of Commission to require information\n\n49 Power of Commission to require information\n\n> > (1) The Commission may give a direction in writing to any person (whether or not a party to proceedings before the Commission) requiring the person—\n> > \n> > > (a) to produce, at a time and place specified in the direction, specified documents in the possession of the person, or\n> > \n> > > (b) to provide specified information within a time specified in the direction that the Commission considers relevant to the proceedings, or\n> > \n> > > (c) to give within a time specified in the direction any specified consent, authority or direction that the Commission considers necessary or desirable for the purpose of facilitating the provision by another person of documents or information pursuant to a direction under subsection (2).\n> \n> > (2) The direction may require the documents to be produced or the information to be provided—\n> > \n> > > (a) to the Commission or to another party to proceedings before the Commission, in the case of a direction given to a party to the proceedings, or\n> > \n> > > (b) to the Commission in the case of a direction given to a person who is not a party to proceedings before the Commission.\n> \n> > (3) A person must not, without reasonable excuse, fail to comply with a direction given to the person.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) If a person does not, without reasonable excuse, produce a document or provide information in compliance with a direction given to the person under this section, the person cannot as a party to proceedings before the Commission or a court have the document or information admitted in the proceedings.\n> \n> > (5) The Commission may exercise powers under this section at the request of a party to proceedings before the Commission or of the Commission’s own motion.\n> \n> > (6) A Division Head of a Commission Division or the principal registrar has and may exercise any power of the Commission under this section.\n> \n> > (7) The regulations or the Commission rules may make provision for or with respect to any of the following matters—\n> > \n> > > (a) exempting specified kinds of documents or information from the operation of this section,\n> > \n> > > (b) specifying cases and circumstances in which the Commission is required to exercise the Commission’s powers under this section,\n> > \n> > > (c) specifying cases and circumstances in which the Commission is not to exercise the Commission’s powers under this section.","sortOrder":69},{"sectionNumber":"50","sectionType":"section","heading":"Power of Commission to provide documents and information to a party","content":"#### 50 Power of Commission to provide documents and information to a party\n\n50 Power of Commission to provide documents and information to a party\n\n> > (1) If documents or information relevant to proceedings before the Commission are produced or provided to the Commission by a party to the proceedings or another person (whether or not in compliance with a requirement under this Act), the Commission may produce or provide the documents or information to—\n> > \n> > > (a) any other party to the proceedings, or\n> > \n> > > (b) any Australian legal practitioner representing any party, or\n> > \n> > > (c) a medical practitioner (including a medical assessor).\n> \n> > (2) The Commission may, when producing or providing information or documents to an Australian legal practitioner or medical practitioner, direct that the person must not cause or permit disclosure of the information, or the information in the documents, to another party.\n> \n> > (3) An Australian legal practitioner or medical practitioner must not contravene the Commission’s direction under this section.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) The regulations or the Commission rules may make provision for or with respect to any of the following matters—\n> > \n> > > (a) exempting specified kinds of documents or information from the operation of this section,\n> > \n> > > (b) specifying cases and circumstances in which the Commission is required to exercise the Commission’s powers under this section,\n> > \n> > > (c) specifying cases and circumstances in which documents or information produced or provided to the Commission may not be produced or provided by the Commission to another party to the proceedings or to an Australian legal practitioner or medical practitioner.","sortOrder":70},{"sectionNumber":"51","sectionType":"section","heading":"Summons to appear at conference or hearing","content":"#### 51 Summons to appear at conference or hearing\n\n51 Summons to appear at conference or hearing\n\n> > (1) Subject to subsection (2), the Division Head of a Commission Division may issue a summons, in circumstances prescribed by the Commission rules, requiring the attendance of a person at any conference or hearing before the Commission in connection with proceedings before the Commission.\n> \n> > (2) If the proceedings are allocated to the Motor Accidents Division, a summons may be issued only to a party to the proceedings.\n> \n> > (3) A person must not, without reasonable excuse, fail to comply with a summons served on the person under this section.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) In this section—\n> > \n> > conference includes a conference at which the parties (or some of them) participate by telephone, closed-circuit television or other means.","sortOrder":71},{"sectionNumber":"52","sectionType":"section","heading":"Hearings and conferences","content":"#### 52 Hearings and conferences\n\n52 Hearings and conferences\n\n> > (1) Proceedings need not be conducted by formal hearing and may be conducted by way of a conference between the parties, including a conference at which the parties (or some of them) participate by telephone, closed-circuit television or other means.\n> \n> > (2) Subject to any procedural directions, the Commission may hold a conference with all relevant parties in attendance and with relevant experts in attendance, or a separate conference in private with any of them.\n> \n> > (3) If the Commission is satisfied that sufficient information has been supplied to it in connection with proceedings, the Commission may exercise functions under this Act and enabling legislation without holding any conference or formal hearing.\n> \n> > (4) An assessment or determination is to be made by the Commission having regard to information that is conveniently available to the Commission, even if one or more of the parties to the assessment or determination proceedings do not co-operate or cease to co-operate.","sortOrder":73},{"sectionNumber":"53","sectionType":"section","heading":"Reconstitution of Commission during proceedings","content":"#### 53 Reconstitution of Commission during proceedings\n\n53 Reconstitution of Commission during proceedings\n\n> > (1) The President may replace the member, or one of the members, constituting the Commission after the consideration of a matter by the Commission has commenced if, before the matter is determined, the member—\n> > \n> > > (a) becomes unavailable for any reason, or\n> > \n> > > (b) ceases to be a member, or\n> > \n> > > (c) ceases to have a qualification required for participation in the proceedings.\n> \n> > (2) The President may not replace a member unless the President has first—\n> > \n> > > (a) afforded the parties an opportunity to make submissions about the proposed replacement, and\n> > \n> > > (b) taken their submissions into account.\n> \n> > (3) The Commission as reconstituted is to have regard to the evidence, submissions and decisions in relation to the matter that were given or made before the Commission was reconstituted.","sortOrder":74},{"sectionNumber":"54","sectionType":"section","heading":"Dismissal of proceedings","content":"#### 54 Dismissal of proceedings\n\n54 Dismissal of proceedings\n\n> The Commission may at any stage dismiss proceedings before it—\n> \n> > (a) if it is satisfied that the proceedings have been abandoned, or\n> \n> > (b) if it is satisfied that the proceedings are frivolous or vexatious or otherwise misconceived or lacking in substance, or\n> \n> > (c) for any other ground of dismissal specified in the Commission rules.","sortOrder":75},{"sectionNumber":"55","sectionType":"section","heading":"Commission divided in opinion","content":"#### 55 Commission divided in opinion\n\n55 Commission divided in opinion\n\n> If the Commission is constituted by more than one member for the purposes of the determination of any proceedings and the members are divided in opinion, the opinion of the majority is taken to be the decision of the Commission.","sortOrder":77},{"sectionNumber":"56","sectionType":"section","heading":"Effect of decisions of Commission","content":"#### 56 Effect of decisions of Commission\n\n56 Effect of decisions of Commission\n\n> > (1) Except as otherwise provided by this Act or enabling legislation, a decision of the Commission under the Workers Compensation Acts or in relation to the police officer support scheme is final and binding on the parties and is not subject to appeal or review.\n> \n> > (2) A decision of or proceeding before the Commission is not—\n> > \n> > > (a) to be vitiated because of any informality or want of form, or\n> > \n> > > (b) liable to be challenged, appealed against, reviewed, quashed or called into question by any court.\n> \n> > (3) To avoid doubt, this section does not limit any power of the Supreme Court to provide relief for jurisdictional error in proceedings for the judicial review of a decision of the Commission.\n> \n> **s 56:** Am 2024 No 60, Sch 2\\[10\\].","sortOrder":78},{"sectionNumber":"57","sectionType":"section","heading":"Reconsideration of decisions of Commission","content":"#### 57 Reconsideration of decisions of Commission\n\n57 Reconsideration of decisions of Commission\n\n> > (1) The Commission may reconsider any matter that has been dealt with by the Commission in the Workers Compensation Division or Police Officer Support Scheme Division and rescind, alter or amend any decision previously made or given by the Commission in that Division.\n> \n> > (2) If after the making of a decision by the Commission (and without limiting subsection (1)), the President is satisfied that the decision contains an obvious error, the President may—\n> > \n> > > (a) alter the decision to correct the error, or\n> > \n> > > (b) direct a registrar to alter the decision to correct the error.\n> \n> > (3) Without limiting subsection (2), if the decision is contained in a certificate, the President may—\n> > \n> > > (a) issue a replacement certificate with the error corrected, or\n> > \n> > > (b) direct a registrar to issue a replacement certificate with the error corrected.\n> \n> > (4) If a decision is altered, the altered decision is taken to be the decision and notice of the alteration is to be given to the parties in the proceedings in the manner directed by the President.\n> \n> > (5) If a replacement certificate is issued, the certificate prevails over any previous certificate.\n> \n> > (6) Examples of obvious errors in a decision are where—\n> > \n> > > (a) there is an obvious clerical or typographical error in the text of the notice or statement, or\n> > \n> > > (b) there is an error arising from an accidental slip or omission, or\n> > \n> > > (c) there is a defect of form, or\n> > \n> > > (d) there is an inconsistency between the stated decision and the stated reasons.\n> \n> **s 57:** Am 2024 No 60, Sch 2\\[11\\].","sortOrder":79},{"sectionNumber":"58","sectionType":"section","heading":"Publication of decisions","content":"#### 58 Publication of decisions\n\n58 Publication of decisions\n\n> > (1) Subject to section 58A, the Commission must cause details of the following to be published in accordance with the Commission rules—\n> > \n> > > (a) decisions of the Commission,\n> > \n> > > (b) decisions of merit reviewers under Division 7.4 of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010),\n> > \n> > > (c) decisions of review panels for merit reviewers under Division 7.4 of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010),\n> > \n> > > (d) decisions of Appeal Panels for medical assessments under Part 7 of Chapter 7 of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086),\n> > \n> > > (e) decisions of review panels for medical assessments under Part 3.4 of the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041) or Division 7.5 of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010),\n> > \n> > > (f) any other decisions prescribed by the Commission rules.\n> \n> > (2) The Commission may make a summary of the details of agreements registered under the former section 66A of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) (before its substitution by the [Workers Compensation Legislation Amendment (Miscellaneous Provisions) Act 2005](/view/html/repealed/current/act-2005-113)) available for public inspection by—\n> > \n> > > (a) employers, insurers, workers and the Authority (and their legal representatives), and\n> > \n> > > (b) persons or classes of persons as may be prescribed by the regulations.\n> \n> **s 58:** Am 2026 No 1, Sch 4\\[1\\].","sortOrder":80},{"sectionNumber":"58A","sectionType":"section","heading":"President may restrict disclosures about certain decisions","content":"#### 58A President may restrict disclosures about certain decisions\n\n58A President may restrict disclosures about certain decisions\n\n> > (1) The President may make a relevant order if the President is satisfied it is desirable to make the order—\n> > \n> > > (a) because of the confidential nature of evidence or another matter, or\n> > \n> > > (b) for another reason.\n> \n> > (2) A relevant order—\n> > \n> > > (a) may be made on the President’s own motion or on the application of a party to proceedings, and\n> > \n> > > (b) must be made in accordance with the Commission rules.\n> \n> > (3) In this section—\n> > \n> > relevant order means the following orders—\n> > \n> > > (a) an order prohibiting or restricting the publication or disclosure of details of a decision referred to in section 58(1),\n> > \n> > > (b) an order prohibiting or restricting the publication or disclosure of the following, whether or not the person is a party to proceedings in the Commission or a witness appearing before the Commission—\n> > > \n> > > > (i) a person’s name,\n> > > \n> > > > (ii) information, a picture or other material that identifies or is likely to lead to the identification of the person,\n> > \n> > > (c) an order prohibiting or restricting the publication or broadcast of a report, including a sound recording, video recording or transcript, of proceedings in the Commission,\n> > \n> > > (d) an order prohibiting or restricting the publication of evidence given before the Commission, whether in public or private, or of matters contained in documents lodged with the Commission or received in evidence by the Commission,\n> > \n> > > (e) an order prohibiting or restricting the disclosure of the following to some or all of the parties to the proceedings—\n> > > \n> > > > (i) evidence given before the Commission,\n> > > \n> > > > (ii) the contents of a document lodged with the Commission or received in evidence by the Commission in relation to the proceedings.\n> \n> **s 58A:** Ins 2026 No 1, Sch 4\\[2\\].","sortOrder":81},{"sectionNumber":"Part 6","sectionType":"part","heading":"Enforcement","content":"# Part 6 Enforcement\n\nPart 6 Enforcement","sortOrder":82},{"sectionNumber":"59","sectionType":"section","heading":"Recovery of amounts ordered to be paid","content":"#### 59 Recovery of amounts ordered to be paid\n\n59 Recovery of amounts ordered to be paid\n\n> > (1) For the purposes of the recovery of any amount ordered to be paid by the Commission (including costs, but not including a civil or other penalty), the amount is to be certified by the principal registrar.\n> \n> > (2) A certificate given under this section must identify the person liable to pay the certified amount.\n> \n> > (3) A certificate of the principal registrar under this section that is filed in the registry of a court having jurisdiction to give judgment for a debt of the same amount as the amount stated in the certificate, operates as such a judgment.","sortOrder":83},{"sectionNumber":"60","sectionType":"section","heading":"Proceedings for offences","content":"#### 60 Proceedings for offences\n\n60 Proceedings for offences\n\n> > (1) Proceedings for an offence under this Act may be dealt with summarily before the Local Court.\n> \n> > (2) Proceedings for an offence under this Act may be commenced only by any of the following persons—\n> > \n> > > (a) the Minister,\n> > \n> > > (b) a person with the written consent of either the Minister or another person or body authorised by the Minister for that purpose.","sortOrder":84},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":85},{"sectionNumber":"61","sectionType":"section","heading":"Act to bind Crown","content":"#### 61 Act to bind Crown\n\n61 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":86},{"sectionNumber":"62","sectionType":"section","heading":"Authentication of documents","content":"#### 62 Authentication of documents\n\n62 Authentication of documents\n\n> > (1) Every document requiring authentication by the Commission is sufficiently authenticated without the seal of the Commission if it is—\n> > \n> > > (a) signed by any member or a registrar, or\n> > \n> > > (b) authenticated in a manner prescribed by the regulations.\n> \n> > (2) Judicial notice is to be taken of the signature of the member concerned or a registrar when appearing on a document issued by the Commission.","sortOrder":87},{"sectionNumber":"63","sectionType":"section","heading":"Proof of certain matters not required","content":"#### 63 Proof of certain matters not required\n\n63 Proof of certain matters not required\n\n> In any legal proceedings, no proof is required (unless evidence to the contrary is given) of—\n> \n> > (a) the constitution of the Commission, or\n> \n> > (b) any decision of the Commission, or\n> \n> > (c) the appointment or qualifications of, or the holding of office by, a member, registrar, mediator, medical assessor or merit reviewer.\n> \n> Note.\n> \n> See also section 52 (Proceedings of statutory bodies) of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).","sortOrder":88},{"sectionNumber":"64","sectionType":"section","heading":"Protection of representatives, witnesses and relevant Commission officers","content":"#### 64 Protection of representatives, witnesses and relevant Commission officers\n\n64 Protection of representatives, witnesses and relevant Commission officers\n\n> > (1) An Australian legal practitioner, or any other person appearing before the Commission on behalf of a party in any proceedings, has the same protection and immunity as a barrister has in appearing for a party in proceedings in the Supreme Court.\n> \n> > (2) Subject to this Act, a person summoned to attend or appearing before the Commission as a witness has the same protection, and is, in addition to the penalties provided by this Act, subject to the same liabilities, as a witness in proceedings in the Supreme Court.\n> \n> > (3) Any thing done or omitted to be done by a relevant Commission officer in exercising the functions conferred or imposed on the relevant Commission officer by or under this or any other Act does not, if the thing was done or omitted to be done in good faith, subject the relevant Commission officer personally to any action, liability, claim or demand.\n> > \n> > Note.\n> > \n> > See also clause 4 of Schedule 2 with respect to the protections and immunities of members of the Commission when exercising their functions.\n> \n> > (4) Any liability that would attach to a person were it not for the operation of subsection (3) attaches instead to the Crown.\n> \n> > (5) In this section—\n> > \n> > barrister has the same meaning as in the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a).","sortOrder":89},{"sectionNumber":"65","sectionType":"section","heading":"Regulations","content":"#### 65 Regulations\n\n65 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) Without limiting subsection (1), the regulations may make provision for or with respect to the following—\n> > \n> > > (a) qualifications or criteria for the appointment of mediators, medical assessors or merit reviewers,\n> > \n> > > (b) the procedure of the Rule Committee.","sortOrder":90},{"sectionNumber":"66","sectionType":"section","heading":"Annual reviews","content":"#### 66 Annual reviews\n\n66 Annual reviews\n\n> > (1) As soon as practicable after 30 June (but on or before 31 December) of each year, the President must provide both the Minister and the Authority with a review (an annual review) of the operations of the Commission for the period ending on 30 June in that year.\n> \n> > (2) The President is, within 90 days of providing an annual review to the Minister, to cause the review to be published on a website the President considers appropriate.\n> \n> > (3) The review is to be tabled in Parliament and for that purpose the Minister is to lay the report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the review.\n> \n> > (4) The review is to include the following information—\n> > \n> > > (a) the number and type of proceedings instituted in each Commission Division during the year,\n> > \n> > > (b) the sources of those proceedings,\n> > \n> > > (c) the number and type of proceedings that were made during the year but not dealt with,\n> > \n> > > (d) the extent to which the operations of the Commission are funded by each operational fund,\n> > \n> > > (e) any other information that the President considers appropriate to be included or the Minister directs to be included.\n> \n> > (5) In this section—\n> > \n> > operational fund means each of the following—\n> > \n> > > (a) the Motor Accidents Operational Fund (the SIRA Fund) under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010),\n> > \n> > > (b) the Motor Accidents Operational Fund under the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041),\n> > \n> > > (c) the Workers Compensation Operational Fund under the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086),\n> > \n> > > (d) the police officer support scheme.\n> \n> **s 66:** Am 2024 No 60, Sch 2\\[12\\].","sortOrder":91},{"sectionNumber":"67","sectionType":"section","heading":"Repeal of Workers Compensation Commission Rules 2011","content":"#### 67 Repeal of Workers Compensation Commission Rules 2011\n\n67 Repeal of [Workers Compensation Commission Rules 2011](/view/html/repealed/current/sl-2011-0428)\n\n> The [Workers Compensation Commission Rules 2011](/view/html/repealed/current/sl-2011-0428) are repealed on the establishment day.","sortOrder":92},{"sectionNumber":"68","sectionType":"section","heading":"Review of Act","content":"#### 68 Review of Act\n\n68 Review of Act\n\n> > (1) The Minister is to undertake 2 reviews of this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The reviews are to be undertaken as soon as possible after the period of 2 years, and then 7 years, from the date of assent to this Act.\n> \n> > (3) A report on the outcome of each review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years or 7 years (as the case requires).","sortOrder":93},{"sectionNumber":"69","sectionType":"section","heading":"Review of operation of section 58 in relation to workers compensation matters","content":"#### 69 Review of operation of section 58 in relation to workers compensation matters\n\n69 Review of operation of section 58 in relation to workers compensation matters\n\n> > (1) The Minister must review the operation of section 58 in relation to workers compensation matters to determine whether—\n> > \n> > > (a) the policy objectives of the section remain valid, and\n> > \n> > > (b) the terms of the section remain appropriate for achieving the objectives.\n> \n> > (2) The review must be undertaken as soon as practicable after the commencement of this section.\n> \n> > (3) A report about the outcome of the review must be tabled in each House of Parliament within 12 months after the commencement of this section.\n> \n> **s 69:** Ins 2026 No 1, Sch 4\\[3\\].","sortOrder":94},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n**sch 1:** Am 2020 (746), Sch 1\\[1\\] \\[2\\]; 2021 (78), cl 3; 2021 (443), cl 3.","sortOrder":95},{"sectionNumber":"Division 1","sectionType":"division","heading":"Interpretation","content":"## Division 1 Interpretation\n\nDivision 1 Interpretation","sortOrder":99},{"sectionNumber":"Division 4A","sectionType":"division","heading":"Completion of existing proceedings","content":"## Division 4A Completion of existing proceedings\n\nDivision 4A Completion of existing proceedings","sortOrder":116},{"sectionNumber":"sch.1-pt.2-div.4A-sdiv.1","sectionType":"division","heading":"Introduction","content":"### sch.1-pt.2-div.4A-sdiv.1 Introduction\n\nSubdivision 1 Introduction","sortOrder":117},{"sectionNumber":"14A","sectionType":"section","heading":"Interpretation","content":"#### 14A Interpretation\n\n14A Interpretation\n\n> > (1) In this Division—\n> > \n> > commence, in relation to proceedings, includes lodge or file an application or a document seeking the exercise of a function.\n> > \n> > decision includes a purported decision or a refusal or failure to make a decision.\n> > \n> > new decision-maker, in relation to proceedings or an unexercised right, means the person, court or other body given the function, on and from the establishment day, of dealing with the proceedings or the exercise of the right instead of the original decision-maker because of amendments made to the motor accidents legislation or workers compensation legislation.\n> > \n> > Example—\n> > \n> > Schedule 6 makes amendments to confer or impose functions of the WCC under the workers compensation legislation on the Commission.\n> > \n> > original decision-maker, in relation to proceedings or an unexercised right, means the person, court or other body having the function of dealing with the proceedings or the exercise of the right immediately before the establishment day.\n> > \n> > part heard proceedings means pending proceedings that had begun to be heard or considered, but were not determined, before the establishment day.\n> > \n> > pending proceedings means proceedings that—\n> > \n> > > (a) were commenced before the establishment day, and\n> > \n> > > (b) had not been finally determined before that day.\n> > \n> > Note—\n> > \n> > See subclause (2) for the meaning of finally determined proceedings.\n> > \n> > pre-establishment proceedings means—\n> > \n> > > (a) proceedings that, before the establishment day, were required or permitted under the motor accidents legislation to be dealt with by—\n> > > \n> > > > (i) the DRS, MAS or CARS, or\n> > > \n> > > > (ii) the proper officer of the Authority designated under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) or the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041), or\n> > > \n> > > > (iii) a Principal Claims Assessor appointed under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) or the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041), or both, or\n> > > \n> > > > (iv) a claims assessor appointed under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) or the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041), or both, or\n> > > \n> > > > (v) a merit reviewer appointed under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010), or\n> > > \n> > > > (vi) a medical assessor appointed under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) or the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041), or both, or\n> > > \n> > > > (vii) a review panel for a medical assessment constituted under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) or the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041), or\n> > > \n> > > > (viii) a review panel for a merit review constituted under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010), or\n> > > \n> > > > (ix) a panel constituted to determine a dispute under Part 3, Division 2 of the [Motor Accidents (Lifetime Care and Support) Act 2006](/view/html/inforce/current/act-2006-016), or\n> > \n> > > (b) proceedings that, before the establishment day, were required or permitted under the workers compensation legislation to be dealt with by—\n> > > \n> > > > (i) the WCC or a member of the WCC, or\n> > > \n> > > > (ii) the Registrar of the WCC or a delegate of the Registrar, or\n> > > \n> > > > (iii) an approved medical specialist appointed under Chapter 7, Part 7 of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086), including a senior approved medical specialist, or\n> > > \n> > > > (iv) an Appeal Panel for a medical assessment constituted under [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086), or\n> > > \n> > > > (v) a mediator appointed under section 318F of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086).\n> > \n> > pre-establishment referral proceedings means pre-establishment proceedings to determine whether a matter should be referred to another decision-maker to determine.\n> > \n> > proceedings includes an application for, or an appeal against, the exercise of a function.\n> > \n> > unexercised right means a right, including a right exercisable only with leave or other permission, that—\n> > \n> > > (a) was available to be exercised immediately before the establishment day, and\n> > \n> > > (b) had not yet been exercised before that day.\n> > \n> > unheard proceedings means pending proceedings that had not been heard or considered before the establishment day.\n> \n> > (2) For the purposes of this Division, proceedings are not finally determined if—\n> > \n> > > (a) any period for bringing an appeal as of right in respect of the proceedings has not expired, ignoring any period that may be available by way of extension of time to appeal, or\n> > \n> > > (b) any appeal in respect of the proceedings is pending, whether or not it is an appeal brought as of right.","sortOrder":118},{"sectionNumber":"sch.1-pt.2-div.4A-sdiv.2","sectionType":"division","heading":"Pending proceedings","content":"### sch.1-pt.2-div.4A-sdiv.2 Pending proceedings\n\nSubdivision 2 Pending proceedings","sortOrder":119},{"sectionNumber":"14B","sectionType":"section","heading":"Pending non-court pre-establishment proceedings","content":"#### 14B Pending non-court pre-establishment proceedings\n\n14B Pending non-court pre-establishment proceedings\n\n> > (1) This clause applies in relation to pre-establishment proceedings if they are pending proceedings before an original decision-maker other than a court.\n> \n> > (2) Unheard proceedings are taken on and from the establishment day—\n> > \n> > > (a) to have been commenced for determination by the new decision-maker, and\n> > \n> > > (b) may be determined by the new decision-maker instead of the original decision-maker.\n> \n> > (3) For part heard proceedings, the person or persons who started hearing or considering the proceedings—\n> > \n> > > (a) is or are to continue, on and from the establishment day, to hear or consider the proceedings, and to determine the proceedings, in the capacity of the new decision-maker, and\n> > \n> > > (b) is or are taken for the purposes of completing the proceedings to have been duly appointed as the new decision-maker, or as a member of the Commission if it is the new decision-maker, even if they have not been appointed by or under another provision of this Act, and\n> > \n> > > (c) may have regard to any record of the proceedings before the original decision-maker, including a record of any evidence taken in the proceedings before the original decision-maker.\n> \n> > (4) The following provisions apply to the completion of proceedings under this clause—\n> > \n> > > (a) the person or persons completing the proceedings has and may exercise all the functions that the original decision-maker had immediately before the establishment day,\n> > \n> > > (b) for pre-establishment referral proceedings—\n> > > \n> > > > (i) the person or persons completing the referral proceedings may refer the matter for determination by the new decision-maker for the referred matter instead of the original decision-maker for the referred matter, and\n> > > \n> > > > (ii) the new decision-maker to which the matter is referred has and may exercise all the functions that the original decision-maker for the referred matter had to determine the matter immediately before the establishment day,\n> > \n> > > (c) the provisions of any Act, statutory rule or other law that would have applied to or in respect of the determination of the proceedings had this Act not been enacted continue to apply,\n> > \n> > > (d) despite paragraph (c), Division 3.2 of this Act applies to the proceedings, including section 30, but only if—\n> > > \n> > > > (i) the proceedings concern a compensation claim within the meaning of Division 3.2, and\n> > > \n> > > > (ii) a person with standing to whom section 26(1) applies makes an application to the District Court in accordance with that section.\n> \n> > (5) To avoid doubt, if the District Court remits a matter to which subclause (4)(d) applies to the new decision-maker under section 26, the modifications made by this clause to proceedings, other than subclause (4)(d), continue to apply to the determination of the proceedings.","sortOrder":120},{"sectionNumber":"14C","sectionType":"section","heading":"Pending court proceedings","content":"#### 14C Pending court proceedings\n\n14C Pending court proceedings\n\n> > (1) This clause applies in relation to pending proceedings before a court—\n> > \n> > > (a) on an appeal against, or for the judicial or other review of, a decision of an original decision-maker in pre-establishment proceedings, or\n> > \n> > > (b) on a claim for work injury damages, or\n> > \n> > > (c) on a claim for damages in respect of a motor accident to which the motor accidents legislation applies.\n> \n> > (2) The court may, on and from the establishment day, continue to deal with the proceedings until they are completed.\n> \n> > (3) The following provisions apply to the completion of proceedings under this clause—\n> > \n> > > (a) the court continues to have and may exercise all the functions that the court had in relation to the proceedings immediately before the establishment day,\n> > \n> > > (b) the provisions of any Act, statutory rule or other law that would have applied to or in respect of the proceedings had this Act not been enacted continue to apply.\n> \n> > (4) Without limiting subclause (3), if the original powers of the court included the power to remit the proceedings to be heard and decided again by the original decision-maker, the court may, in determining the proceedings—\n> > \n> > > (a) remit the proceedings instead to the new decision-maker, and\n> > \n> > > (b) make any other orders it considers appropriate to facilitate the remitting of the proceedings to the new decision-maker.\n> \n> > (5) If the court remits the proceedings to the new decision-maker under subclause (4)—\n> > \n> > > (a) the provisions of any Act, statutory rule or other law that would have applied to or in respect of the determination of the proceedings had this Act not been enacted continue to apply, and\n> > \n> > > (b) despite paragraph (a), Division 3.2 of this Act applies to the proceedings, including section 30, but only if—\n> > > \n> > > > (i) the proceedings concern a compensation claim within the meaning of Division 3.2, and\n> > > \n> > > > (ii) a person with standing to whom section 26(1) applies makes an application to the District Court in accordance with that section.\n> \n> > (6) To avoid doubt, if the District Court remits a matter to which subclause (5)(b) applies to the new decision-maker under section 26, the modifications made by subclause (5)(a) continue to apply in relation to the determination of the proceedings.","sortOrder":121},{"sectionNumber":"sch.1-pt.2-div.4A-sdiv.3","sectionType":"division","heading":"Unexercised rights concerning proceedings","content":"### sch.1-pt.2-div.4A-sdiv.3 Unexercised rights concerning proceedings\n\nSubdivision 3 Unexercised rights concerning proceedings","sortOrder":122},{"sectionNumber":"14D","sectionType":"section","heading":"Unexercised rights to commence non-court proceedings","content":"#### 14D Unexercised rights to commence non-court proceedings\n\n14D Unexercised rights to commence non-court proceedings\n\n> > (1) This clause applies in relation to an unexercised right to commence pre-establishment proceedings before an original decision-maker other than a court.\n> \n> > (2) A person who has the unexercised right to commence proceedings may commence the proceedings with the new decision-maker for the exercise of the same functions that could have been exercised by the original decision-maker to which the right relates.\n> \n> > (3) The following provisions apply to the commencement of proceedings under this clause—\n> > \n> > > (a) the new decision-maker has and may exercise all the functions that the original decision-maker would have had in relation to the proceedings if they had been commenced before the establishment day, including any functions relating to the granting of leave or other permission to commence proceedings,\n> > \n> > > (b) the provisions of any Act, statutory rule or other law, including provisions concerning the time within which to commence the proceedings, that would have applied to or in respect of the determination of the proceedings had this Act not been enacted continue to apply,\n> > \n> > > (c) despite paragraph (b), Division 3.2 of this Act applies to the proceedings, including section 30, but only if—\n> > > \n> > > > (i) the proceedings concern a compensation claim within the meaning of Division 3.2, and\n> > > \n> > > > (ii) a person with standing to whom section 26(1) applies makes an application to the District Court in accordance with that section.\n> \n> > (4) To avoid doubt, if the District Court remits a matter to which subclause (3)(c) applies to the new decision-maker under section 26, the modifications made by this clause to proceedings, other than subclause (3)(c), continue to apply in relation to the determination of the proceedings.","sortOrder":123},{"sectionNumber":"14E","sectionType":"section","heading":"Unexercised rights to commence court proceedings","content":"#### 14E Unexercised rights to commence court proceedings\n\n14E Unexercised rights to commence court proceedings\n\n> > (1) This clause applies in relation to an unexercised right to commence proceedings before a court—\n> > \n> > > (a) as an appeal against, or for the judicial or other review of, a decision of an original decision-maker in pre-establishment proceedings, or\n> > \n> > > (b) on a claim for work injury damages, or\n> > \n> > > (c) on a claim for damages in respect of a motor accident to which the motor accidents legislation applies.\n> \n> > (2) A person who has the existing unexercised right to commence proceedings may commence the proceedings to which that right relates in—\n> > \n> > > (a) for an appeal—the court to which the appeal could have been made immediately before the establishment day, or\n> > \n> > > (b) for an application for judicial or other review—the court to which the application for the review could have been made immediately before the establishment day, or\n> > \n> > > (c) for a claim for damages—a court in which proceedings for the claim could have been commenced immediately before the establishment day.\n> \n> > (3) The following provisions apply to the commencement of proceedings under this clause—\n> > \n> > > (a) the court has and may exercise all the functions that the court would have had in relation to the proceedings if they had been commenced before the establishment day, including any functions relating to the granting of leave or other permission to commence proceedings,\n> > \n> > > (b) the provisions of any Act, statutory rule or other law, including provisions concerning the time within which to commence the proceedings, that would have applied to or in respect of the determination of the appeal, application or claim had this Act not been enacted continue to apply.\n> \n> > (4) Without limiting subclause (3), if the original powers of a court would have included the power to remit the proceedings to be heard and decided again by the original decision-maker, the court may in determining proceedings under this clause—\n> > \n> > > (a) remit the proceedings instead to the new decision-maker, and\n> > \n> > > (b) make any other orders it considers appropriate to facilitate the remitting of the proceedings to the new decision-maker.","sortOrder":124},{"sectionNumber":"sch.1-pt.2-div.4A-sdiv.4","sectionType":"division","heading":"Review of completed pre-establishment proceedings","content":"### sch.1-pt.2-div.4A-sdiv.4 Review of completed pre-establishment proceedings\n\nSubdivision 4 Review of completed pre-establishment proceedings","sortOrder":125},{"sectionNumber":"14F","sectionType":"section","heading":"New law to apply to certain matters","content":"#### 14F New law to apply to certain matters\n\n14F New law to apply to certain matters\n\n> > (1) This clause applies to the following proceedings (completed pre-establishment proceedings)—\n> > \n> > > (a) pending proceedings completed under Subdivision 2,\n> > \n> > > (b) proceedings commenced and completed under Subdivision 3.\n> \n> > (2) The new review provisions, if any, apply in relation to a decision of a new decision-maker in completed pre-establishment proceedings instead of the old legislation.\n> \n> > (3) The new review provisions are the provisions of the new legislation applicable to appeals against or reviews of decisions of new decision-makers that correspond, or substantially correspond, to provisions of the old legislation for decisions of the same kind.\n> \n> > (4) Without limiting subclause (2)—\n> > \n> > > (a) section 7.24 of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010), as in force on or after the establishment day, extends to a medical assessment completed before the establishment day or under Subdivision 2 or 3, and\n> > \n> > > (b) section 62 of the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041), as in force on or after the establishment day, extends to a medical assessment completed before the establishment day or under Subdivision 2 or 3.\n> \n> > (5) In this clause—\n> > \n> > new legislation means this Act and statutory rules under this Act, the motor accidents legislation and the workers compensation legislation, as in force on or after the establishment day.\n> > \n> > old legislation means the motor accidents legislation and workers compensation legislation, as in force immediately before the establishment day.","sortOrder":126},{"sectionNumber":"sch.1-pt.2-div.4A-sdiv.5","sectionType":"division","heading":"Allocation of transitional proceedings and enforcement of existing orders","content":"### sch.1-pt.2-div.4A-sdiv.5 Allocation of transitional proceedings and enforcement of existing orders\n\nSubdivision 5 Allocation of transitional proceedings and enforcement of existing orders","sortOrder":127},{"sectionNumber":"14G","sectionType":"section","heading":"Allocation of transitional pre-establishment proceedings to Commission Divisions","content":"#### 14G Allocation of transitional pre-establishment proceedings to Commission Divisions\n\n14G Allocation of transitional pre-establishment proceedings to Commission Divisions\n\n> > (1) This clause applies to proceedings (transitional pre-establishment proceedings) that are—\n> > \n> > > (a) permitted or required to be determined by the Commission under this Division instead of another person or body, or\n> > \n> > > (b) remitted by a court under this Division to the Commission or a member of the Commission for reconsideration or redetermination.\n> \n> > (2) The function of determining transitional pre-establishment proceedings is allocated to—\n> > \n> > > (a) if the Commission or a member of the Commission is determining the proceedings instead of the WCC or a member of the WCC—the Workers Compensation Division, or\n> > \n> > > (b) if the Commission or member of the Commission is determining the proceedings instead of a claims assessor under the motor accidents legislation—the Motor Accidents Division.\n> \n> > (3) If the Commission is to determine transitional pre-establishment proceedings that are not pending proceedings, the President is, where practicable, to constitute the Commission in a manner that is consistent with the constitution requirements that would have been applicable for the kind of proceedings before the establishment day.\n> > \n> > Note—\n> > \n> > For constitution requirements in relation to part heard transitional proceedings, see Subdivision 2.","sortOrder":128},{"sectionNumber":"14H","sectionType":"section","heading":"Continuation of existing orders","content":"#### 14H Continuation of existing orders\n\n14H Continuation of existing orders\n\n> > (1) An existing order of an original decision-maker made or issued under the motor accidents legislation or workers compensation legislation is taken, on and from the establishment day, to be an order made by the new decision-maker under the corresponding provision, if any, of this Act or the legislation as amended by this Act.\n> \n> > (2) This clause is subject to the other provisions of this Schedule.\n> \n> > (3) In this clause—\n> > \n> > corresponding provision means a provision corresponding, or substantially corresponding, to the provision of the motor accidents legislation or workers compensation legislation under which the existing order was originally made.\n> > \n> > existing order of an original decision-maker is an order made or issued by the decision-maker before the establishment day, and includes an order that would have come into effect on or after the establishment day.\n> > \n> > order includes a determination, certificate or assessment.","sortOrder":129},{"sectionNumber":"Division 4B","sectionType":"division","heading":"Pending matters before WIRO","content":"## Division 4B Pending matters before WIRO\n\nDivision 4B Pending matters before WIRO","sortOrder":130},{"sectionNumber":"14I","sectionType":"section","heading":"Pending matters may be completed by Independent Review Officer","content":"#### 14I Pending matters may be completed by Independent Review Officer\n\n14I Pending matters may be completed by Independent Review Officer\n\n> > (1) This clause applies in relation to the following if made or begun under Chapter 2, Part 3 of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086), but not finalised or resolved, before the establishment day (a pending WIRO matter)—\n> > \n> > > (a) an application for legal funding made to the WIRO,\n> > \n> > > (b) a complaint about an insurer made to the WIRO,\n> > \n> > > (c) an inquiry by the WIRO.\n> \n> > (2) A pending WIRO matter may be completed, on and from the establishment day, by the Independent Review Officer instead of the WIRO.\n> \n> > (3) The provisions of Schedule 5, along with the provisions of regulations or guidelines made under or for the purposes of Schedule 5, apply instead of the old WIRO provisions in relation to the completion of a pending WIRO matter under this clause in the same way as they apply to a matter of the same kind commenced or initiated on or after the establishment day.\n> \n> > (4) In this clause—\n> > \n> > old WIRO provisions means the provisions of Chapter 2, Part 3 of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086), along with the provisions of regulations or guidelines made under or for the purposes of the Part, as in force immediately before the establishment day.\n> > \n> > WIRO means the Workers Compensation Independent Review Officer under the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086).","sortOrder":131},{"sectionNumber":"17A","sectionType":"section","heading":"Independent Review Officer—remuneration","content":"#### 17A Independent Review Officer—remuneration\n\n17A Independent Review Officer—remuneration\n\n> The Independent Review Officer is, until the earlier of the following, entitled to the same remuneration the current WIRO was entitled to immediately before the establishment day—\n> \n> > (a) the day on which a determination of the Independent Review Officer’s remuneration comes into force under the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004),\n> \n> > (b) 26 August 2022.","sortOrder":136},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Provisions relating to members of Commission","content":"# Schedule 2 Provisions relating to members of Commission\n\nSchedule 2 Provisions relating to members of Commission\n\nsection 8\n\n**sch 2:** Am 2022 No 25, Sch 4.2\\[1\\] \\[2\\]; 2023 No 41, Sch 2.27; 2024 No 7, Sch 3\\[1\\] \\[2\\]; 2025 No 61, Sch 2.71.","sortOrder":137},{"sectionNumber":"9A","sectionType":"section","heading":"Acting Division Head","content":"#### 9A Acting Division Head\n\n9A Acting Division Head\n\n> > (1) If a Division Head is absent from duty, the Minister may appoint the President, a Deputy President or a principal member to be an Acting Division Head during the absence of the Division Head.\n> \n> > (2) The Minister may make an appointment—\n> > \n> > > (a) for a particular absence, or\n> > \n> > > (b) for any absence that occurs from time to time.\n> \n> > (3) An Acting Division Head has the functions of the Division Head and anything done by an Acting Division Head in the exercise of the functions has effect as if it had been done by the Division Head.\n> \n> > (4) In this clause—\n> > \n> > absence from duty includes a vacancy in the office of a Division Head.","sortOrder":147},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Workers Compensation Division","content":"# Schedule 3 Workers Compensation Division\n\nSchedule 3 Workers Compensation Division\n\nsection 13\n\n**sch 3:** Am 2024 No 60, Sch 2\\[13\\].","sortOrder":157},{"sectionNumber":"Schedule 3A","sectionType":"schedule","heading":"Police Officer Support Scheme Division","content":"# Schedule 3A Police Officer Support Scheme Division\n\nSchedule 3A Police Officer Support Scheme Division\n\nsection 13(1)(a1)\n\n**sch 3A:** Ins 2024 No 60, Sch 2\\[14\\].","sortOrder":173},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Motor Accidents Division","content":"# Schedule 4 Motor Accidents Division\n\nSchedule 4 Motor Accidents Division\n\nsection 13\n\n**sch 4:** Am 2021 No 32, Sch 1.13\\[2\\].","sortOrder":185},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Independent Review Officer","content":"# Schedule 5 Independent Review Officer\n\nSchedule 5 Independent Review Officer","sortOrder":198},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":null,"content":"# Schedule 6\n\nSchedule 6 (Repealed)\n\n**sch 6:** Rep 1987 No 15, sec 30C.","sortOrder":219}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original intent was to establish a unified tribunal combining workers compensation and motor accidents dispute resolution. The significant number of amendments since 2020 — including pending changes from the Workers Compensation Legislation Amendment Act 2025 — suggests the Commission's scope, procedures, and jurisdiction have been progressively expanded or modified beyond the original framework, likely reflecting operational experience and policy adjustments to the workers compensation scheme in particular."},"complexity_factors":["Establishes a multi-jurisdictional tribunal covering both workers compensation and motor accident/CTP insurance schemes — two distinct and already complex areas of law","Has been amended over 13 times since commencement in 2020, creating a layered and evolving legal framework","Pending uncommenced amendments (Workers Compensation Legislation Amendment Act 2025) add uncertainty about the current complete state of the law","Dual ministerial responsibility (Attorney General and Minister for Customer Service and Digital Government) suggests overlapping policy domains","Operates in conjunction with multiple other Acts (workers compensation legislation, motor accidents legislation) requiring cross-referencing to understand full effect","Tribunal procedural rules can be technically complex for unrepresented claimants navigating the system"],"plain_english_summary":"## Personal Injury Commission Act 2020 (NSW)\n\n**What is this?**\nThis is a NSW law that established the **Personal Injury Commission (PIC)** — a specialist tribunal (a type of official decision-making body, similar to a court but more accessible) that handles disputes about personal injury claims in New South Wales.\n\n**Who does it affect?**\n- **Injured workers** disputing workers compensation (workplace injury) decisions\n- **Motor accident victims** disputing CTP (Compulsory Third Party, the insurance that covers car accident injuries) claims\n- **Insurers** on both sides of those disputes\n- **Employers** involved in workers compensation disputes\n\n**What does it actually do?**\nBefore this law, personal injury disputes were handled across multiple separate bodies, which was confusing and slow. This Act merged those functions into one unified Commission, streamlining how disputes are resolved. If your workers comp claim is rejected, or an insurer disputes how much you're owed after a car accident, the PIC is where those fights get settled.\n\n**Why does it matter to you?**\n- If you're an injured worker or car accident victim in NSW, this is the body that has the power to override an insurer's decision against you\n- It's meant to be faster and cheaper than going to court\n- The Commission can make binding decisions about your entitlements\n\n**Key detail:** The Act has been amended **many times** since 2020 (13+ versions), and further amendments from a 2025 workers compensation law are still pending commencement, meaning the rules are still evolving."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":673},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2020 Act established the Commission for workers compensation and motor accidents matters only. The 2024 amendments (No 60) added an entirely new Division (Police Officer Support Scheme Division) and expanded the Independent Review Officer's functions, significantly broadening scope beyond the original two-scheme design."},"complexity_factors":["Multiple overlapping jurisdictional schemes (workers compensation, motor accidents, police support) with different procedural rules","Extensive cross-referencing to other Acts (Interpretation Act 1987, Government Sector Employment Act 2013, multiple motor accidents and workers compensation Acts)","Detailed transitional provisions in Schedule 1 preserving rights and transferring proceedings from abolished bodies","Nested delegation structures: President → Division Heads → members → registrars → staff","Conditional constitution requirements varying by Division and type of proceeding (e.g., 1 member vs 3 members for Lifetime Care disputes)","Multiple amendment notes indicating evolving scope (2024 amendments added Police Officer Support Scheme Division)","Schedule-based structure with Division Schedules (3, 3A, 4) that prevail over inconsistent main Act provisions","Complex appointment and acting arrangements with seniority rules and preservation of superannuation rights"],"plain_english_summary":"This Act creates the **Personal Injury Commission of New South Wales** — a single tribunal that handles disputes about workers compensation, motor accident injuries, and police officer support claims.\n\n**What it does:**\n- **Establishes a new independent body** to replace three separate dispute resolution services: the Workers Compensation Commission (WCC), the Motor Accidents Claims Assessment and Resolution Service (CARS), and the Motor Accidents Medical Assessment Service (MAS).\n- **Creates three specialised divisions** within the Commission:\n  - **Workers Compensation Division** — handles claims under workers compensation laws\n  - **Motor Accidents Division** — handles claims under motor accidents legislation\n  - **Police Officer Support Scheme Division** — handles disputes about support for injured police officers\n- **Sets up a hierarchy of decision-makers**: The President (must be a judge), Deputy Presidents, principal members, senior members, and general members — each with different qualification requirements.\n- **Appoints specialist officers**: Medical assessors (evaluate injuries), merit reviewers (review administrative decisions), and mediators (help parties settle disputes).\n- **Establishes an Independent Review Officer**: A separate watchdog who handles complaints about insurers and runs a legal assistance scheme (ILARS) for workers who need help disputing insurer decisions.\n- **Allows flexible, informal procedures**: The Commission must resolve disputes \"justly, quickly, cost effectively and with as little formality as possible.\"\n- **Provides for federal jurisdiction**: In limited cases involving constitutional matters, the District Court can hear claims instead of the Commission.\n\n**Who it affects:**\n- Injured workers, drivers, and police officers making compensation claims\n- Insurers and employers\n- Lawyers and advocates representing parties\n- Medical professionals assessing injuries\n\n**Why it matters:**\nThe Act consolidates fragmented dispute resolution into one accessible body, aiming to reduce delays, cut costs, and make the system fairer and more transparent for ordinary people navigating personal injury claims."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act changes the institutional scope by abolishing several predecessor bodies (for example, the Workers Compensation Commission and motor‑accident services) and transferring their decision‑making functions, staff and pending matters into a single Personal Injury Commission and an Independent Review Officer (Schedule 1 cl 3–4; cl 5–14; Schedule 5). Mechanically, the Act centralises dispute resolution across workers compensation, motor accidents and the police officer support scheme into one statutory body (s 3; s 12), with new procedural, publication and review arrangements (ss 19–21; s 58; s 56). The transitional provisions reallocate existing proceedings and rights to new decision‑makers and alter appeal and court‑remit pathways (Schedule 1 Div 4A; ss 26–30), so the operational scope and institutional landscape are materially changed from the pre‑existing arrangements."},"complexity_factors":["Extensive cross‑references to multiple enabling Acts (workers compensation, motor accidents, Police Act) and other legislation (Interpretation Act, Statutory and Other Offices Remuneration Act) (see s 5; ss 24; 25).","Multiple Commission Divisions with separate Division Schedules that prevail over the Act in cases of inconsistency (ss 12–13; Schedule 3; Schedule 4; Schedule 3A).","Broad delegated rule‑making and procedural powers vested in a Rule Committee and the President, with statutory requirement for presidential consent (ss 19–21; s 20).","Detailed transitional and savings provisions transferring functions, offices and pending proceedings from legacy bodies to the Commission or IRO (Schedule 1 Divs 2–4A).","Creation of a separate Independent Review Officer with its own service (ILARS) and guideline regime subject to parliamentary scrutiny (Schedule 5 cl 2; cl 10–11).","Complex interaction with federal jurisdiction and a District Court leave/remit mechanism for substituted proceedings (ss 25–30).","Significant administrative discretion (President, Division Heads, registrars) and delegation chains with potential subdelegation (ss 16–18).","Multiple mandatory compliance obligations with criminal/penal consequences and evidentiary sanctions (s 49; s 50; Schedule 3/4 evidence rules).","Varied appeal/finality rules across Divisions (s 56) and special constitution rules for particular matter types (Schedule 3 Part 4; Schedule 4 Part 4).","Numerous appointed roles with differing qualification rules and terms, plus special provisions for acting appointments and preservation of prior officeholders’ rights (ss 9–11; Schedule 2; Schedule 1 cl 5–14)."],"plain_english_summary":"What this law does (mechanics)\n\n- Establishes a single statutory body, the Personal Injury Commission of New South Wales (the Commission), to exercise functions under workers compensation, motor accidents and the police officer support scheme (see s 3; s 6; s 12; Schedule 3; Schedule 4; Schedule 3A).\n- Sets out how the Commission is constituted and staffed: President, Deputy Presidents, principal, senior and general members; registrars and public service staff (see ss 8–15; ss 22–23; Schedule 2).\n- Gives the President broad administrative control: run Commission business, direct practice and procedure, appoint medical assessors/merit reviewers/mediators, and advise the Minister on appointments (see s 16). The President can delegate many functions (s 18).\n- Creates a Rule Committee with representatives of the Commission, insurers/employers, unions, medical colleges and the legal profession to make Commission rules that determine practice and procedure (see s 19–20). The President must consent to any rule (s 19(8)).\n- Permits the Commission to issue procedural directions that are publicly available and binding on members, decision-makers and parties (s 21).\n- Allocates matters to three Divisions (Workers Compensation, Motor Accidents, Police Officer Support Scheme) and provides Division Schedules that prevail where inconsistent with other Act provisions (ss 12–13; see Schedule 3, 4, 3A).\n- Establishes decision-maker roles (medical assessors, merit reviewers, mediators), their appointment, control and protections, and the President’s role in oversight (Part 4; ss 33–40).\n- Gives the Commission powers to require production of documents and information, with a penalty for non-compliance (s 49), and to disclose material to parties or their lawyers subject to directions (s 50).\n- Limits review rights in some contexts: decisions in Workers Compensation Division and police scheme matters are, except where an Act provides otherwise, final and binding (s 56). The Act preserves judicial review for jurisdictional error (s 56(3)).\n- Requires publication of Commission decisions and related matters under Commission rules, while allowing the President to restrict publication to protect confidentiality (s 58; s 58A).\n- Creates an Independent Review Officer (IRO) to handle complaints about insurers, to run an Independent Legal Assistance and Review Service (ILARS) providing legal funding for workers, and to require information from insurers; IRO is a statutory office appointed by the Governor (Schedule 5, cl 2–11).\n- Provides transitional arrangements: abolishes predecessor bodies (for example, Workers Compensation Commission and various motor-accident services) and transfers functions, staff and proceedings to the new Commission or IRO as the Schedule directs (Schedule 1, cl 3–17; Schedule 1 Div 4A).\n\nWho it affects and why it matters (stakeholder mechanics)\n\n- Claimants (workers, motor-accident victims, police officer support applicants): their disputes are to be handled through the Commission procedures, may be required to cooperate with directions (s 42(3)), and can access IRO complaint handling and ILARS funding subject to the IRO’s guidelines (Schedule 5, cl 8–11).\n- Insurers and employers: must comply with directions and information requests from the Commission (s 49) and the IRO (Schedule 5, cl 7); compliance with IRO information requests is a condition of an insurer’s licence (Schedule 5, cl 7(2)).\n- Legal practitioners and agents: representation rules are set by the Commission; e.g., an insurer cannot be represented by a lawyer in some workers compensation hearings if the claimant is unrepresented unless the Commission grants leave (s 48(3)–(5)). Lawyers and other representatives have statutory protections and immunities where they appear (s 64).\n- Medical and other expert decision‑makers: appointed and directed by the President; they are protected from compellability to give evidence of matters dealt with in their official capacity (s 38; s 40).\n- The public sector: the Commission uses public service staff (s 22) and the Governor/Minister and President have appointment and regulatory powers (ss 9; Schedule 5 cl 2).\n\nOfficial rationale (as expressed by the Act)\n\n- The Act states its objects are to create an independent Commission to deal with specified matters, make it accessible and encourage early dispute resolution, enable just/quick/cost‑effective determination with minimal formality, ensure timely and high‑quality decisions, promote public confidence and publicise processes (s 3). These are the articulated policy purposes the Act advances.\n\nTesting those purpose‑claims against costs, incentives, trade‑offs and implementation mechanics (source‑grounded)\n\n- Centralisation and consolidation (Sch 1 cl 3; Sch 1 cl 5–14):\n  - Benefit claimed: a single body handling related schemes (s 3). Mechanic: transfer and abolition of prior bodies (Sch 1 cl 3–4).\n  - Costs and trade‑offs: transfers require reappointment/assignment of many office‑holders and create transitional complexity (Sch 1 Divs 2–4A). Implementation risk arises from detailed transitional rules (Sch 1 Div 4A) that preserve some prior proceedings but change decision‑makers and appeal routes (Sch 1 cl 14B–14F). Administrative and legal costs may be concentrated during transition (Sch 1). Opportunity cost: resources used to integrate systems rather than other reforms.\n\n- Rule‑making and administrative discretion (s 19–21; s 20; s 16; s 18):\n  - Mechanic: the Rule Committee (s 19) and President (s 16) create detailed practice and procedural rules (s 20) and procedural directions (s 21). The President must consent to rules (s 19(8)).\n  - Incentives/discretion: many procedural choices are vested in the President, Division Heads and the Rule Committee. This centralises bureaucratic discretion and requires parties to follow procedural directions (s 21(4)), increasing the compliance burden on users. The composition of the Rule Committee includes nominees from interest groups (s 19(3)(c)–(h)), which concentrates influence over procedure in a small set of stakeholders.\n  - Trade‑offs: flexibility/informal processes (s 19(2); s 43) aim to lower cost and speed up disputes, but they rely on rulemaking and discretionary case management that can create compliance complexity and variance across matters.\n\n- Powers to require information and sanctions (s 49; s 50; Schedule 5 cl 7):\n  - Mechanic: Commission may direct persons to produce documents or provide information with a penalty for non‑compliance (s 49(1)–(3)). The IRO can require information from insurers and compliance is a licence condition (Schedule 5 cl 7(1)–(2)).\n  - Costs and incentives: insurers face direct compliance obligations and potential regulatory consequences; this increases regulatory burden and record‑keeping costs. Non‑compliance carries both statutory penalty units and evidentiary consequences (s 49(3)–(4)).\n\n- Finality of Commission decisions and limits on appeals (s 56):\n  - Mechanic: many Commission decisions (Workers Compensation Division and police scheme matters) are final and not subject to appeal, though judicial review for jurisdictional error remains (s 56(1)–(3)).\n  - Effects on private choice and litigation incentives: finality reduces appeal costs and may speed resolution, but limits parties’ ability to correct substantive errors through ordinary appellate routes. There is potential substitution to judicial review or court proceedings where federal jurisdiction triggers District Court involvement (ss 25–30).\n\n- Publication and confidentiality (s 58; s 58A):\n  - Mechanic: Commission must publish decisions (s 58) but the President can restrict publication for confidentiality or other reasons (s 58A).\n  - Trade‑offs: publication promotes transparency and consistent jurisprudence; presidential discretion to restrict disclosures creates a mechanism to protect sensitive information but also concentrates decision about public access to information in the President (discretion and possible information asymmetry).\n\n- Access to legal assistance (Schedule 5, cl 9–11):\n  - Mechanic: IRO to administer ILARS, which funds legal costs for workers under Workers Compensation Acts; guidelines are published and subject to parliamentary disallowance procedures (Schedule 5 cl 10–11).\n  - Effects on private parties: ILARS may change claimant litigation behaviour by lowering financial barriers to legal advice; the IRO controls eligibility and funding amounts via guidelines (Schedule 5 cl 10), creating a gatekeeping mechanism that affects demand for Commission processes.\n\nIllustrative specific who‑pays / who‑decides points (source citations)\n\n- Who pays: operational funds fund Commission operations (s 66(4)–(5) lists the operational funds); decision‑maker and member remuneration is set under Statutory and Other Offices Remuneration Act rules or by the Minister (Schedule 2 cl 5; Schedule 5 cl 2(4); s 33(9)). Insurers bear compliance costs of providing information to the IRO—failure to comply is a licence condition breach (Schedule 5 cl 7(2)).\n- Who decides: the Minister appoints members (s 9); the Governor appoints the Independent Review Officer (Schedule 5 cl 2); the President directs daily business, appointment of assessors, and must consent to Commission rules (ss 16, 19(8)); the Rule Committee makes Commission rules (s 19–20).\n- Behaviour changes required: parties and their legal representatives must co‑operate with the Commission and comply with directions (s 42(3); s 21(4)); insurers must respond to IRO information requests (Schedule 5 cl 7(1)–(2)); parties may have limited rights to appeal depending on the Division (s 56).\n\nCompliance burden and implementation risk (concise)\n\n- Compliance burden: procedural directions (s 21), information production (s 49), IRO information requests (Schedule 5 cl 7) and ILARS application processes (Schedule 5 cl 9–11) all impose administrative duties on parties, insurers and legal representatives.\n- Implementation risk: the Act contains detailed transitional rules transferring numerous offices and pending proceedings (Schedule 1 Divs 2–4A). Those rules preserve some prior rights while changing decision‑makers and appeal routes, creating legal complexity and potential for litigation over scope and timing (Sch 1 cl 14B–14F; ss 26–30 on federal jurisdiction and district court leave).\n\nConcentrated benefits and diffuse costs (mechanics)\n\n- Concentrated benefits: members, legal representatives and nominees with seats on the Rule Committee have direct influence on rulemaking (s 19(3)). ILARS concentrates legal funding decisions with the IRO and its guidelines (Schedule 5 cl 9–11).\n- Diffuse costs: administrative compliance costs and adjustment burdens fall across many claimants, insurers and employers via information requests, procedural conformity and transitional integration (s 49; Schedule 1).\n\nBottom line (mechanical, not normative)\n\n- The Act centralises adjudication of personal injury matters into a single Commission, grants the President and a Rule Committee significant rulemaking and case management powers, creates an Independent Review Officer with complaint and legal‑funding functions, and establishes detailed transitional rules shifting existing tribunals and their work into the new structure (see s 3; s 6; s 19–21; Schedule 5; Schedule 1). These mechanics reallocate decision‑making authority, impose new compliance duties on insurers and parties, and concentrate administrative discretion in specified offices while providing statutory protections for decision‑makers and representatives (see ss 16; 18; 38; 64)."}},"importantCases":[],"_links":{"self":"/api/acts/personal-injury-commission-act-2020","history":"/api/acts/personal-injury-commission-act-2020/history","analysis":"/api/acts/personal-injury-commission-act-2020/analysis","conflicts":"/api/acts/personal-injury-commission-act-2020/conflicts","importantCases":"/api/acts/personal-injury-commission-act-2020/important-cases","documents":"/api/acts/personal-injury-commission-act-2020/documents"}}