NSWIn ForceRegulation
Personal Injury Commission Rules 2021
77Dismissal of proceedings
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#### 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,
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> > (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,
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> > (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.
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> Note.
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> Section 54 of the PIC Act provides that the Commission may at any stage dismiss proceedings before it—
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> > (a) if it is satisfied that the proceedings have been abandoned, or
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> > (b) if it is satisfied that the proceedings are frivolous or vexatious or otherwise misconceived or lacking in substance, or
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> > (c) for any other ground of dismissal specified in the Commission rules.
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> 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\[12\].