This Regulation is structured in four practical clusters: preliminary definitions and commencement; appointment and eligibility of decision-makers, medical assessors and mediators; modifications relating to substituted federal proceedings (mainly costs and preconditions); and miscellaneous operational items. Each cluster has a small set of concrete legal effects.

Definitions and commencement

• The Regulation names itself and commences on the Commission’s establishment day; publication is required (cls 1-2). The Act is defined as the Personal Injury Commission Act 2020 and other interpretation statutes affect the Regulation’s construction (cl 3).

Appointment mechanics and eligibility

• The President appoints decision-makers and mediators by written instrument (cl 5(1)); the instrument must state the appointment term, appointment type (full-time or otherwise), for medical assessors which enabling Act(s) the appointment covers, whether the assessor is senior, and any restrictions (cl 5(2)(a)-(e)). Decision-makers hold office for the stated period unless removed earlier (cl 5(3)).
• Eligibility for medical assessors is threefold: registration as a health or medical practitioner under the Health Practitioner Regulation National Law (NSW) without a registration condition resulting from disciplinary proceedings; membership of an Australian or Australasian medical college, faculty, or comparable professional body; and being, in the President’s opinion, suitably qualified with necessary skills and expertise for the role (cl 6(a)-(c)).
• Mediators must also satisfy the Act’s mediator requirements and be accredited under the National Mediator Accreditation System (cl 7), in addition to the Act’s s 39(2)(a) requirements referenced in the Regulation.

Substituted proceedings, preconditions and costs

• Part 3 addresses substituted proceedings. Words in that Part have the same meaning as Division 3.2 of the Act (cl 8(1)), and the Regulation does not limit the enabling legislation’s application to substituted proceedings unless this Part modifies it (cl 8(2)).
• The Division is expressly intended to set out fees and costs payable and other modifications related to substituted proceedings (cl 9). It confirms that enabling legislation and regulations under the enabling legislation may further prescribe fees and costs (cl 9 note).
• The Regulation removes two statutory preconditions for commencement of proceedings: s 108 of the Motor Accidents Compensation Act 1999 and s 6.31 of the Motor Accident Injuries Act 2017 do not apply to compensation matter applications or substituted proceedings (cl 10).
• Costs rules: Part 8 of the Motor Accident Injuries Act 2017 applies to substituted proceedings involving statutory benefits or damages, except where this Regulation modifies it (cls 11(1), 12(1)). However the maximum cost schedules in the associated regulations do not apply in substituted proceedings under this Regulation (cls 11(2), 12(2), 13(2)). For statutory benefits claims, s 11(3) contains a material change: an Australian legal practitioner can be paid or recover legal costs for services to a claimant only where the costs are payable on a party and party basis and the District Court orders payment.

Miscellaneous

• The Regulation prescribes a specific category of “relevant Commission officer” for the Act where staff carry out Schedule 3, cl 9 functions at the President’s direction (cl 14).
• Schedule 1 to the Regulation is repealed on the day after establishment day (cl 15; Schedule marked repealed).

The Regulation works by targeted amendment and prescription rather than wholesale restructuring. Key legal levers are appointment instruments and eligibility gates, and specific modifications to costs rules and preconditions for substituted proceedings. Each effect above is grounded in the cited clause(s).

This Regulation assigns roles, duties and limits that will materially affect particular cohorts of individuals and entities. The following parties are directly affected by the Regulation as written.

• The President of the Personal Injury Commission. The President gains the power to appoint decision-makers and mediators by written instrument and to specify terms, type of appointment, scope of medical assessor appointments, seniority and restrictions (cl 5). The President also exercises evaluative discretion under cl 6(c) when determining whether an appointee is suitably qualified, and directs staff in ways that can bring them within the definition of “relevant Commission officer” (cl 14).
• Prospective and incumbent decision-makers, medical assessors and mediators. Appointment mechanics and eligibility criteria affect:
  • Medical assessors must be registered health practitioners or medical practitioners under the Health Practitioner Regulation National Law with no disciplinary-condition on registration, must be members of an Australian/Australasian medical college or similar body, and must satisfy the President regarding suitability (cl 6).
  • Mediators must meet the Act’s mediator requirements and be accredited under the National Mediator Accreditation System in addition to the Act’s requirements (cl 7).
  • All appointees will receive a written instrument specifying their term and the nature of the appointment and will be subject to any restrictions recorded in that instrument (cl 5(1)-(3)).
• Claimants in compensation matters and parties to substituted proceedings. The Regulation changes which statutory preconditions apply to compensation matter applications and substituted proceedings (cl 10), and modifies costs rules that determine whether and how legal costs can be recovered in substituted proceedings (cls 11-13). Specifically:
  • In statutory benefits claims under the Motor Accident Injuries Act 2017, an Australian legal practitioner may only be paid or recover legal costs for claimant legal services if costs are party-and-party and the District Court orders payment (cl 11(3)).
  • The cost caps found in Schedule 1 of the Motor Accident Injuries Regulation 2017 and Schedule 1 of the Motor Accidents Compensation Regulation 2020 are disapplied for substituted proceedings under this Regulation (cls 11(2), 12(2), 13(2)).
• Insurers and defendants. The Regulation notes that Part 8 of the Motor Accident Injuries Act 2017, among other things, prevents insurers from recovering their costs for statutory benefits from claimants (cl 11 note). Where the Regulation applies Part 8 subject to its modifications, insurers’ recovery rights and obligations are partly preserved but modified in substituted proceedings. Parties, including insurers, must operate under the modified cost regime for substituted proceedings set out in cls 11-13.
• Commission staff. A member of staff who, at the President’s direction, exercises a function of the Commission under Schedule 3, cl 9 of the Act is prescribed as a “relevant Commission officer” (cl 14). That designation can have legal consequences under the Act where definitions of that term confer powers or immunities.
• Legal practitioners. Fee and recoverability rules for substituted proceedings change aspects of cost recovery strategy. The removal of regulatory maximum costs for substituted proceedings (cls 11(2), 12(2), 13(2)) and the narrow recoverability rule for statutory benefit claims (cl 11(3)) will affect billing, retainer terms, and litigation funding analysis.

Entities not named in the Regulation are affected only indirectly through these changes. The enabling legislation and other regulations remain relevant; the Regulation repeatedly indicates it operates together with those instruments (cl 9 note; cl 8(2)). All statements in this section are taken from the Regulation clauses cited.

The Regulation creates specified administrative duties, appointment-related rights, and conditional rights to fees and cost recovery. The principal duties and rights are set out below with clause references.

Appointment duties and rights

• The President has the duty to appoint decision-makers and mediators by written instrument when exercising the power in ss 33(1) and 39(1) of the Act. The written instrument must contain specified information: the term of appointment; whether appointment is full-time or otherwise; for medical assessors, which enabling Act(s) the appointment covers; whether the appointee is a senior medical assessor; and any restrictions of the appointment (cl 5(1)-(2)). The President also sets the tenure, subject to early removal (cl 5(3)). These are procedural duties on the President in the appointment process, and rights of appointees derive from the content of the instrument (for example the right to hold office for the specified period).
• Decision-makers hold office for the period specified in the instrument unless removed sooner (cl 5(3)). For mediators, the Regulation notes the Act contains specific provision on the period a mediator may hold office (cl 5(3) note referencing s 39(4) of the Act).

Eligibility-related duties and constraints

• Medical assessor eligibility imposes duties upon appointees and those who propose appointments to ensure compliance with registration and membership requirements. A person is eligible only if they are a registered health practitioner or medical practitioner as defined in the Health Practitioner Regulation National Law (NSW) without a registration condition imposed due to disciplinary proceedings (cl 6(a)); they must also be a member of an Australian/Australasian college or comparable body (cl 6(b)); and must be, in the President’s opinion, suitably qualified with necessary skills and expertise for the functions (cl 6(c)). The requirement that the practitioner have no disciplinary-condition recorded is a constraint on eligibility.
• Mediators must be accredited under the National Mediator Accreditation System in addition to satisfying the Act’s mediator requirements (cl 7).

Costs and recoverability rights and limitations

• For substituted proceedings involving statutory benefits under the Motor Accident Injuries Act 2017, Part 8 of that Act applies subject to the Regulation’s modifications (cl 11(1)). The Regulation notes Part 8 includes that an insurer is not entitled to recover from a claimant costs of the insurer in relation to the claim (cl 11 note). In substituted proceedings the maximum costs in Schedule 1 of the Motor Accident Injuries Regulation 2017 do not apply (cl 11(2)).
• The Regulation modifies legal practitioners’ ability to recover costs for claimants in statutory benefit claims: an Australian legal practitioner is entitled to be paid or recover legal costs for services to a claimant only if the costs are payable on a party and party basis and the District Court orders payment (cl 11(3)). This represents a qualified right to recover costs contingent on court order and on the party-and-party basis.
• For substituted proceedings involving damages under the Motor Accident Injuries Act 2017 and the Motor Accidents Compensation Act 1999, the respective costs regimes (Part 8 and Chapter 6) apply except as modified, and the maximum costs set out in the relevant Schedules do not apply (cls 12(1)-(2), 13(1)-(2)).

Miscellaneous rights and duties

• A staff member directed by the President to exercise a Commission function under Schedule 3, cl 9 of the Act is prescribed as a “relevant Commission officer” for the purposes of the Act (cl 14). That prescription creates a definitional right: the staff member is treated as a relevant Commission officer where that label is consequential under the Act.
• Schedule 1 to this Regulation is repealed on the day after establishment day (cl 15), so any duties, rights or settings that were contained only in that schedule cease to have continuing effect thereafter.

All duties and rights described are drawn directly from the Regulation text and the clauses cited. The provisions impose administrative duties on the President, eligibility constraints on appointees, and conditional rights to legal cost recovery tied to the court and cost basis in substituted proceedings.

The Regulation as provided does not create new criminal offences or specify pecuniary penalties within its text. Its enforcement implications derive primarily from appointment controls, eligibility gates and the modification of costs entitlements, which interact with enforcement and sanctioning mechanisms in the enabling Acts.

Enforcement by appointment and removal

• The President’s appointment and removal powers are procedural levers in the Regulation. A decision-maker holds office for the stated period unless removed earlier (cl 5(3)). The instrument may include restrictions (cl 5(2)(e)). Removal proceedings, if any, are governed by the Act’s provisions; the Regulation does not add separate disciplinary or removal penalties.

Eligibility-based exclusion as regulatory control

• The eligibility requirement that a medical assessor not have a registration condition imposed as a result of disciplinary proceedings under the Health Practitioner Regulation National Law functions as a strict exclusionary rule (cl 6(a)). This is an administrative control rather than a penal sanction. If a person has such a registration condition, they are not eligible for appointment as a medical assessor under this Regulation.

Costs and recoverability as economic enforcement

• The Regulation modifies the recoverability of legal costs in substituted proceedings. For statutory benefits claims, an Australian legal practitioner is entitled to be paid or recover costs only on a party-and-party basis and where the District Court orders payment (cl 11(3)). This does not impose penalties but limits economic entitlements and thus enforces cost discipline through the courts and rules of costs rather than through criminal or civil penalties embedded in the Regulation itself.
• The Regulation also disapplies maximum-cost Schedules that might otherwise cap recoverable costs in substituted proceedings (cls 11(2), 12(2), 13(2)). Enforcement of cost outcomes will occur through court orders and the cost assessment processes referenced in the enabling legislation and regulations, not through fresh penalty clauses here.

Interaction with other enforcement regimes

• Any breach of duties under the Health Practitioner Regulation National Law, the Act, or other enabling legislation will continue to be dealt with under the sanctioning powers of those Acts. The Regulation’s references to those instruments (for example cl 6(a) pointing to the Health Practitioner Regulation National Law) mean that disciplinary outcomes under those regimes carry through to eligibility for appointment.
• The Regulation’s definition of “relevant Commission officer” may affect who is subject to administrative directions, powers or immunities under the Act (cl 14). Sanctions for misconduct by relevant Commission officers follow the Act’s provisions rather than the Regulation’s.

No penalty clauses

• The Regulation contains no express penalty clauses, monetary fines, or new offence provisions. Enforcement is administrative and economic through appointment control and modification of cost recovery mechanisms, implemented through the Act, the courts and the enabling legislation referenced in cls 10-13. All statements above are grounded in the cited clauses.

The Regulation explicitly operates as a supplementary and modifying instrument to several Acts and regulations. It cross-references the Personal Injury Commission Act 2020, the Interpretation Act 1987, the Health Practitioner Regulation National Law (NSW), and three major motor-accident statutes and their regulations. The following describes the interactions and the mechanical modifications the Regulation makes to those sources.

Primary Act and interpretation

• The Regulation defines the Act for its purposes as the Personal Injury Commission Act 2020 and records that the Act and the Interpretation Act 1987 contain definitions and other provisions that affect its interpretation (cl 3). Thus the Regulation is to be read in light of those interpretative frameworks.

Appointment provisions and the Act

• The Regulation supplements appointment provisions in the Act by prescribing the form and contents of appointment instruments for decision-makers and mediators, citing the President’s powers under ss 33(1) and 39(1) of the Act (cl 5(1)). The instrument content requirements (cl 5(2)) operate as procedural requirements that must be adhered to under the Act’s appointment powers.

Medical assessors, mediators and external professional regulation

• Qualifications for medical assessors are linked to the Health Practitioner Regulation National Law (NSW) by requiring registration as a health practitioner or medical practitioner and disqualifying those with registration conditions imposed after disciplinary proceedings (cl 6(a)). Medical assessors must also be members of Australian or Australasian professional bodies (cl 6(b)). Mediators are required to meet s 39(2)(a) of the Act and be accredited under the National Mediator Accreditation System (cl 7). These provisions create a direct point of interface between the Commission’s appointment processes and external professional regulatory regimes.

Substituted proceedings and motor-accident laws

• Part 3 of the Regulation addresses substituted proceedings and works expressly with the Motor Accident Injuries Act 2017 and the Motor Accidents Compensation Act 1999.
  • The Regulation makes clear that words and expressions in this Part have the same meaning as in Division 3.2 of the Act (cl 8(1)) and that it does not limit the enabling legislation’s application to substituted proceedings unless modified (cl 8(2)).
  • It explicitly disapplies certain preconditions in the motor-accident statutes to compensation matter applications or substituted proceedings: s 108 of the Motor Accidents Compensation Act 1999 and s 6.31 of the Motor Accident Injuries Act 2017 do not apply to compensation matter applications or substituted proceedings (cl 10).
  • Part 8 of the Motor Accident Injuries Act 2017 applies to substituted proceedings involving claims for statutory benefits or damages, except where the Regulation modifies that application (cls 11(1), 12(1)). The Regulation notes that Part 8 provides, among other things, that an insurer is not entitled to recover from a claimant costs of the insurer in relation to the claim (cl 11 note).
  • For substituted proceedings covered by this Regulation, the maximum costs in Schedule 1 of the Motor Accident Injuries Regulation 2017 and the Motor Accidents Compensation Regulation 2020 do not apply (cls 11(2), 12(2), 13(2)). Chapter 6 of the Motor Accidents Compensation Act 1999 applies to substituted proceedings involving damages, except as modified by the Regulation (cl 13(1)).

Costs and court processes

• The Regulation alters the interplay between statutory costs regimes, regulatory cost caps and court-ordered costs in substituted proceedings. In statutory benefits claims under the Motor Accident Injuries Act 2017, the Regulation constrains legal cost recoverability for claimants to party-and-party costs payable when ordered by the District Court (cl 11(3)). This creates a layered interaction: enabling Act Part 8 interacts with the Regulation’s modifications and the District Court’s cost-ordering role.

Miscellaneous definitional interaction

• The Regulation prescribes that a staff member directed by the President who exercises a function under Schedule 3, cl 9 of the Act is to be treated as a “relevant Commission officer” for purposes of s 5(1)(e) of the Act (cl 14). That is a definitional interaction which can affect application of powers or protections in the Act that hinge on the label “relevant Commission officer”.

Operation alongside enabling legislation and regulations

• The Regulation repeatedly notes that enabling legislation and regulations under enabling legislation further provide for fees and costs in connection with substituted proceedings (cl 9 note). This means the Regulation is part of a network of instruments; it prescribes modifications in specific areas and defers to the enabling instruments for other detail.

All interactions described are explicit in the Regulation text through the cross-references cited in cls 3, 5, 6-7, 8-13 and 14. The Regulation functions as both a prescriptive addition to the Act’s appointment regime and a targeted modifier of motor-accident related procedures and costs when the Commission is used as a substitute decision maker or forum.

The Regulation text supplied contains only internal transitional action and a single scheduled repeal. There are no other express amendment entries, schedules of past amendments, nor historic version notes within the text provided. The changes recorded in the Regulation itself are:

• Schedule 1 is repealed on the day after the establishment day (cl 15). The Schedule as published is shown as repealed; the marginal note indicates "sch 1: Rep 2020 (746), cl 15." The Regulation thus contains an explicit self-executing repeal of Schedule 1 that takes effect immediately after establishment.

Commencement

• The Regulation commences on the establishment day and requires publication on the NSW legislation website (cl 2). The commencement clause is internal to the instrument.

No amending provisions or historical annotations in the supplied text

• The supplied Regulation text does not include a schedule of amendments, dates of amendments, prior or subsequent versions, or an explanatory history of changes beyond cl 15’s repeal of Schedule 1. Therefore all amendment-history content in this note is limited to what is present: the repeal in cl 15 and the commencement mechanism in cl 2.

Cross-reference to enabling Acts is not an amendment history

• The Regulation references numerous other Acts and regulations for definitions and complementary regulation, but those references are not amendments to those instruments recorded here. They indicate the operational relationships described in the Regulation rather than an amendment record.

If a practitioner needs an authoritative amendment history (dates of royal assent, tabling, or later amendments), that information must be obtained from the NSW legislation database or the consolidated version of the instrument. The Regulation text itself provides only the repeal of Schedule 1 and the commencement requirement described above (cls 2 and 15).

The Regulation text contains no litigation history, reported cases, or judicial interpretations. There are no cases named, no judicial decisions cited, and no references to precedent within the instrument. Accordingly the Regulation as supplied does not record any litigation that challenges or interprets its provisions.

Points to note for practitioners seeking litigation history

• The Regulation frequently cross-references provisions of the Personal Injury Commission Act 2020 and motor-accident Acts. Any litigation that addresses the application, validity or construction of the Regulation is likely to be found in decisions that interpret those Acts and their interaction with this Regulation. However, the Regulation text contains no entries or footnotes recording such decisions.
• Where the Regulation modifies costs rules and preconditions for substituted proceedings (cls 10-13), litigation about those modifications would be litigable in the courts whose orders determine cost rights, particularly the District Court where the Regulation makes recoverability of certain costs contingent on District Court orders (cl 11(3)). The Regulation does not record litigated outcomes; practitioners must consult case law databases for any judicial consideration.

Search recommendation

• The Regulation itself provides no litigation trail. To locate any judicial treatment, search decisions that mention the Personal Injury Commission Regulation 2020, or search for cases dealing with substituted proceedings under the Personal Injury Commission Act 2020, the Motor Accident Injuries Act 2017, and the Motor Accidents Compensation Act 1999. The Regulation should be read in conjunction with those Acts where judicial interpretation might appear.

All statements in this section are taken from the absence of litigation content in the Regulation text provided.

This Regulation is short and tightly framed, but it contains several specific drafting features that can catch practitioners or administrators who assume default rules continue to apply. The following are concrete points to watch, each grounded in the clauses cited.

Appointment instrument content is prescriptive

• The President must include specified items in the appointment instrument for decision-makers and mediators: term, type of appointment (full-time or otherwise), for medical assessors which enabling Act(s) the appointment covers, whether appointed as a senior medical assessor, and any restrictions (cl 5(2)(a)-(e)). Failure to include these items could lead to uncertainty about jurisdictional scope, tenure or restrictions on the officeholder. Practitioners preparing appointment instruments should ensure each required element is present.

Medical assessor eligibility excludes practitioners with disciplinary-registration conditions

• A medical assessor is eligible only if they are a registered health practitioner or medical practitioner and do not have a condition imposed on their registration as a result of disciplinary proceedings under the Health Practitioner Regulation National Law (NSW) (cl 6(a)). That is a strict eligibility exclusion that may preclude otherwise experienced practitioners who have regulatory conditions. Verify the practitioner’s registration details before proposing or accepting appointment.

President’s opinion as a gate

• Even where registration and membership criteria are satisfied, appointment as a medical assessor also requires the President’s opinion that the person is suitably qualified and has necessary skills and expertise (cl 6(c)). That subjective assessment is a procedural gate and can become a point of contention if an appointee contests non-appointment.

Mediator accreditation requirement is binding

• Mediators must be accredited under the National Mediator Accreditation System in addition to meeting requirements in s 39(2)(a) of the Act (cl 7). Parties and counsel should confirm accreditation prior to listing mediation, as the Regulation makes NMAS accreditation a formal eligibility requirement.

Substituted proceedings: preconditions may not apply

• The Regulation expressly disapplies s 108 of the Motor Accidents Compensation Act 1999 and s 6.31 of the Motor Accident Injuries Act 2017 to compensation matter applications or substituted proceedings (cl 10). Practitioners who routinely rely on those preconditions to frame filing requirements or limitation defences must re-check whether the Regulation’s narrow disapplication affects particular proceedings.

Cost caps do not apply in substituted proceedings

• The Regulation removes the operation of the maximum-cost Schedules found in the Motor Accident Injuries Regulation 2017 and the Motor Accidents Compensation Regulation 2020 where substituted proceedings are used (cls 11(2), 12(2), 13(2)). If you assume the usual regulatory caps control recoverable costs, that assumption will be wrong for substituted proceedings governed by this Regulation.

Limited recoverability for claimant legal costs in statutory benefit claims

• In substituted proceedings involving statutory benefits under the Motor Accident Injuries Act 2017, an Australian legal practitioner may be paid or recover legal costs for claimant services only where the costs are payable on a party-and-party basis and the District Court orders payment (cl 11(3)). This is narrower than some practitioners may expect; practitioners should not assume client-retainer costs will be recoverable automatically.

“Relevant Commission officer” definition extends to staff performing Schedule 3, cl 9 functions

• For s 5(1)(e) of the Act, a member of staff who, at the President’s direction, exercises a function of the Commission under Schedule 3, cl 9 of the Act is prescribed as a “relevant Commission officer” (cl 14). This can affect who is treated as an officer for the purpose of delegations, immunities or administrative actions under the Act. Ensure directions are documented.

Schedule 1 is repealed

• Schedule 1 to the Regulation is repealed on the day after establishment (cl 15). If any practice or procedure depended on Schedule 1, that reliance must be reassessed. The Schedule is marked repealed in the instrument.

No new penalty provisions

• The Regulation contains no new offence or penalty clauses. Enforcement implications are indirect and flow through appointment, eligibility and cost-recoverability mechanisms. Do not look in this Regulation for fresh sanctions; instead, consider the sanctioning provisions in the Act and the other referenced statutes.

All "gotchas" above are direct readings of the Regulation clauses cited. They identify procedural or economic pitfalls that arise from the Regulation’s text rather than normative judgements about the instrument’s policy.

Below are concrete compliance steps and practice points for the main affected actors, stated in operational terms and tied to the Regulation clauses.

For the President and Commission administrative staff (appointments)

• When appointing a decision-maker or mediator, issue a written instrument that includes all mandatory content: the term of appointment, the type of appointment including whether full-time, for medical assessors which enabling Act(s) the appointment covers, whether appointed as a senior medical assessor, and any restrictions on the appointment (cl 5(1)-(2)). Maintain records that show each of these particulars on the instrument.
• Set and record the period of office clearly in the instrument and document the legal basis for any early removal (cl 5(3)). For mediators, note the Act’s s 39(4) provision on periods of office where applicable.

For candidates for medical assessor appointments

• Confirm you are a registered health practitioner or medical practitioner within the meaning of the Health Practitioner Regulation National Law (NSW) and that no condition has been imposed on your registration as a result of disciplinary proceedings; if such a condition exists, you are not eligible under cl 6(a).
• Document membership in an Australian or Australasian medical college, faculty or other recognised Australian or Australasian health profession body (cl 6(b)); prepare to provide membership proof.
• Be prepared to demonstrate to the President that you are suitably qualified and possess the necessary skills and expertise to exercise the functions of a medical assessor in relation to the Act or the enabling legislation (cl 6(c)).

For mediators

• Ensure accreditation under the National Mediator Accreditation System is current and documentary proof is available (cl 7). Also ensure any additional requirements in s 39(2)(a) of the Act are met and documented.

For legal practitioners advising claimants in substituted proceedings

• Do not assume the usual regulatory maximum-cost Schedules apply. For substituted proceedings under this Regulation the maximum costs in the Motor Accident Injuries Regulation 2017 and the Motor Accidents Compensation Regulation 2020 do not apply (cls 11(2), 12(2), 13(2)). Plan client retainer arrangements and billing strategies accordingly.
• For statutory benefits claims under the Motor Accident Injuries Act 2017 in substituted proceedings, know that you can only be paid or recover legal costs for claimant services if the costs are payable on a party-and-party basis and the District Court orders payment (cl 11(3)). Prepare your costs applications and evidence to support recovery on that basis and allow for the necessity of a District Court order.
• Check whether s 108 of the Motor Accidents Compensation Act 1999 and s 6.31 of the Motor Accident Injuries Act 2017 apply; the Regulation disapplies them to compensation matter applications or substituted proceedings (cl 10). Amend pre-action or filing checklists accordingly.

For insurers and defendants

• Be aware that Part 8 of the Motor Accident Injuries Act 2017 applies to substituted proceedings subject to the Regulation’s modifications (cl 11(1)). The Regulation notes Part 8 provides that an insurer is not entitled to recover from a claimant costs in relation to statutory benefits claims (cl 11 note); however substituted proceedings may alter the cost landscape in other respects.
• Where cost recovery strategies are considered, confirm whether the absence of regulatory maximum costs in substituted proceedings (cls 11(2), 12(2), 13(2)) affects exposure or settlement calculus.

For Commission staff who may be directed to exercise functions under Schedule 3, cl 9

• Ensure any direction from the President that requires you to exercise a Schedule 3, cl 9 function is in writing and documented. That direction will bring you within the “relevant Commission officer” definition under cl 14, which may have consequences under the Act.

For courts and registry staff

• When assessing costs or determining whether costs ought to be ordered in substituted proceedings, apply the Regulation’s rule that claimant legal costs for statutory benefits claims are recoverable only on a party-and-party basis where the District Court orders payment (cl 11(3)). Be prepared to record explicit reasoning for cost orders in substituted proceedings where the Regulation alters conventional caps or entitlements.

For all parties

• Remember the Regulation is to be read with the Personal Injury Commission Act 2020 and the Interpretation Act 1987 (cl 3) and that enabling legislation and its regulations remain relevant for other fees and costs (cl 9 note). Consult the enabling Acts and their regulations for matters not expressly modified by this Regulation.

These compliance steps are grounded in the Regulation clauses cited and aim to convert the Regulation’s mechanical prescriptions into operational checklists for the principal affected actors.