77Dismissal of proceedings

77 Dismissal of proceedings

77 Dismissal of proceedings

The following grounds are specified for section 54(c) of the PIC Act—

(a) for proceedings by an application made under the workers compensation legislation—the applicant has failed to prosecute the proceedings with due despatch,

(b) for proceedings by an application made under the motor accidents legislation—

(i) if the application relates to a medical assessment—the application is not likely to be ready for determination within the next 6 months, or

(ii) the applicant has failed, without reasonable excuse, to comply with a direction given by the Commission or the President, or

(iii) the applicant has failed to prosecute the proceedings with due despatch, or

(iv) there is no jurisdiction to determine the dispute to which the application relates, or

(v) the application is being used for an improper purpose or is otherwise an abuse of process, or

(vi) the application was made by a person who died after the application was made, unless the Commission has been provided with a copy of the grant of probate or letters of administration for the person’s estate and is satisfied that the estate is seeking to pursue the application,

(c) for proceedings by an application made in relation to the police officer support scheme—the applicant has failed to prosecute the proceedings with due despatch.

Note.

Section 54 of the PIC Act provides that the Commission may at any stage dismiss proceedings before it—

(a) if it is satisfied that the proceedings have been abandoned, or

(b) if it is satisfied that the proceedings are frivolous or vexatious or otherwise misconceived or lacking in substance, or

(c) for any other ground of dismissal specified in the Commission rules.

Section 54 of the PIC Act also applies to medical assessment proceedings, merit review proceedings and panel review proceedings. See rules 107, 114 and 127.

rule 77: Am 2025 (708), Sch 1[12].