NSWIn ForceRegulation
Personal Injury Commission Rules 2021
133AExtension of time for making certain applications
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#### 133A Extension of time for making certain applications
133A Extension of time for making certain applications
> > (1) This rule specifies the procedure for determining a period of time, longer than the statutory period, within which 1 of the following (a relevant application) may be made—
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> > > (a) an appeal under the 1998 Act, section 352,
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> > > (b) an application under the MAC Act, section 63,
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> > > (c) an application under the MAI Act, section 7.15,
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> > > (d) an application under the MAI Act, section 7.26,
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> > > (e) a police officer support scheme dispute appeal.
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> > Note—
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> > The listed provisions specify that a relevant application must be made within the statutory period or a longer period determined or allowed in accordance with these Rules.
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> > (2) A party seeking to make a relevant application after the end of the statutory period may make an additional application (an extension application) for an order determining a longer period within which the party may make the relevant application.
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> > (3) An extension application—
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> > > (a) must be made at the same time as the relevant application to which it relates, and
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> > > (b) must be in the approved form, and
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> > > (c) must include full details of the arguments relied on in favour of granting the order, and
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> > > (d) is taken to form part of the relevant application for the purposes of the requirements relating to service under rules 123, 126B and 129.
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> > (4) The extension application must be decided by the following (the decision-maker)—
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> > > (a) for an appeal under the 1998 Act, section 352 or a police officer support scheme dispute appeal—a presidential member,
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> > > (b) otherwise—the President.
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> > (5) The decision-maker must not make an order in relation to the following extension applications unless—
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> > > (a) for a relevant application made under the 1998 Act or the [Police Act 1990](/view/html/inforce/current/act-1990-047)—the decision-maker is satisfied, in exceptional circumstances, that to lose the right to make the relevant application would work demonstrable and substantial injustice, and
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> > > (b) for a relevant application made under the MAC Act or the MAI Act—the decision-maker is satisfied special circumstances exist to justify an increase in the statutory period to make the relevant application.
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> > (6) In this rule—
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> > statutory period means—
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> > > (a) for the 1998 Act—the period specified in section 352(4)(a), and
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> > > (b) for the MAC Act—the period specified in section 63(7)(a), and
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> > > (c) for the MAI Act—the period specified in section 7.15(6)(a) or 7.26(10)(a), and
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> > > (d) for the [Police Act 1990](/view/html/inforce/current/act-1990-047)—the period specified in section 199I(8)(a).
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> **rule 133A:** Ins 2022 (170), Sch 1\[18\]. Am 2025 (708), Sch 1\[29\]–\[33\].