INSIGHTS: NSW Personal Injury Commission Update

In this Insight, we highlight an important industry update issued by the NSW Personal Injury Commission (PIC) on 22 May 2024.

The PIC update announced:

• The convergence of both workers’ compensation and motor accident users to the Commission’s Pathways Portal
• The 500-page-limit rule which has been addressed in the proposed Procedural Direction PIC 12
• Compliance of parties to Procedural Direction PIC 6, and
• Clarification of the meaning of a ‘medical dispute’ by the Court of Appeal.

For some time, Meridian Lawyers have focussed on and targeted objection to the prevalence of Claimant Medical Dispute Applications, which fail to include any submissions or medical evidence supporting the Claimant’s position.

Procedural Direction PIC 6 compliance

Clause 17 of Practice Direction PIC 6 requires that a party must lodge medical evidence in support of a degree of permanent impairment qualified by a treating health practitioner, or a practitioner authorised by the Motor Accident Guidelines to give evidence in the proceedings (this includes a general or specialist registration with the Australian Health Practitioner Regulation Agency). Otherwise, the medical evidence will be inadmissible under section 7.52 of the 2017 Act.

In the past, submissions lodged that alluded to these deficiencies have often been disregarded by PIC staff.

Non-compliant disputes

The latest PIC News states that from 1 July 2024, any non-compliant disputes will not be referred for assessment and the parties will be advised to submit a fresh application that includes sufficient evidence in support of the degree of permanent impairment, as asserted by the party.

Moving forward, we will ensure applications identified that do not include any submissions or medical evidence in support of an application will be objected to in the context of both Practice Directions 6 and 12.

We look forward to observing the effect of this announcement by the PIC on the quality of applications lodged.

This Insight was written by Associate Roni Aloe with review by Principal Andrew Gorman. If you have any questions or require further information, please contact Andrew.

Disclaimer: This information is current as of May 2024. This article does not constitute legal advice and does not give rise to any solicitor/client relationship between Meridian Lawyers and the reader. Professional legal advice should be sought before acting or relying upon the content of this article.