NSWIn ForceRegulation
Personal Injury Commission Rules 2021
80Application to resolve dispute other than for expedited assessment
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#### 80 Application to resolve dispute other than for expedited assessment
80 Application to resolve dispute other than for expedited assessment
> > (1) This rule applies to workers compensation proceedings other than for expedited assessment under the 1998 Act.
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> > (2) The President is not to accept a dispute for referral for determination by the Commission unless—
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> > > (a) the dispute application is accompanied by a certificate signed by the applicant, or the applicant’s Australian legal practitioner or agent, stating the dispute is not prevented from being referred for determination by the Commission by the operation of a provision of Chapter 7, Part 4 of the 1998 Act, and
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> > > (b) the President is satisfied that the dispute is not prevented from being referred.
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> > (3) The applicant must, within 7 days of registration of the application, serve a sealed copy of the application on the respondent and the other parties.
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> > (4) The respondent must, within 21 days of registration of the application, lodge a reply to the application and serve a sealed copy of the reply on the applicant and the other parties.
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> > (5) The failure of a worker to notify of an injury as required by the Workers Compensation Acts may not, without the leave of the Commission, be raised as an issue in the reply by the respondent if that issue has not been included in the notice given in accordance with section 79 of the 1998 Act.
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> > (6) If the respondent does not lodge a reply in accordance with subrule (4) and the applicant has not lodged a certificate of service for the application—
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> > > (a) the proceedings against the respondent are taken to be struck out, and
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> > > (b) no further steps may be taken in the proceedings unless the proceedings are restored.
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> > (7) In this rule—
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> > certificate of service, for an application, means a certificate certifying the application has been served on the respondent in accordance with subrule (3).
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> **rule 80:** Am 2025 (708), Sch 1\[13\].