What it does
The Personal Injury Commission Act 2020 (the Act) establishes the Personal Injury Commission of New South Wales as a single, independent statutory tribunal (s 6) responsible for determining disputes arising under three distinct but related statutory schemes: the workers compensation legislation, the motor accidents legislation, and the police officer support scheme (defined in s 5(1) by reference to the Police Act 1990 Part 9B).
At its heart the Act performs four interlocking functions. First, it creates organisational architecture. The Commission is constituted by presidential and non-presidential members (s 8), organised into three Divisions (s 12), each with a Division Head (s 14) and a Division-specific Schedule that prevails over the balance of the Act to the extent of any inconsistency (s 13(2)). The President directs business, manages members, appoints medical assessors, merit reviewers and mediators, and oversees the Rule Committee (s 16). Second, the Act prescribes a uniform but flexible practice-and-procedure regime (Part 5). Proceedings are to be conducted with as little formality as possible (s 43), the guiding principle is the just, quick and cost-effective resolution of the real issues (s 42), and the Commission is not bound by the rules of evidence (s 43(2)). Conferences can replace formal hearings (s 52) and the Commission may determine matters on the papers where sufficient information is available (s 52(3)).
Third, the Act supplies specialist mechanisms. Medical assessors and merit reviewers are appointed by the President (s 33) and operate under Presidential control but with statutory independence as to the content of their decisions (s 36). Mediators are available for work-injury-damages claims (s 39). A dedicated Independent Review Officer (Schedule 5) handles complaints against insurers, manages the Independent Legal Assistance and Review Service (ILARS) and may inquire into systemic issues. Fourth, the Act contains a sophisticated federal-jurisdiction gateway (Part 3 Division 2). Where a compensation matter application would require the Commission to exercise federal jurisdiction under ss 75 or 76 of the Commonwealth Constitution, the District Court may grant leave for “substituted proceedings” (s 26). Once leave is granted the District Court steps into the shoes of the usual decision-maker, may adopt or vary medical assessments or merit reviews, and the usual limitation periods are preserved provided the original application was lodged in time (s 27(2)).