The role of the Commission
The Personal Injury Commission resolves disputes between people injured in motor accidents and workplaces in NSW, insurers and employers.
The Commission is an independent statutory tribunal within the New South Wales justice system, committed to providing a transparent and independent dispute resolution service.
Resolving disputes justly and efficiently in the shortest time frame is a priority for the Commission. We work with all parties (injured persons, insurers, and employers, where relevant) to discuss ways of achieving this.
The Commission exercises functions in two divisions – the Motor Accidents Division and the Workers Compensation Division.
President and Deputy Presidents
The President and Deputy Presidents are the Commission’s presidential members.
Judge Gerard Phillips is the President of the Commission. Judge Phillips works closely with the Principal Registrar and Division Heads to provide strategic leadership to the Commission. He is also responsible for appointing medical assessors, merit reviewers and mediators, determining novel or complex questions of law, issuing procedural directions and other administrative and legal tasks. The President also exercises a variety of functions under legislation, which can be delegated to members of the Commission or members of staff.
The Deputy Presidents are Mr Michael Snell and Ms Elizabeth Wood. Mr Geoffrey Parker SC is Acting Deputy President.
All presidential members hear appeals against decisions made by members in the Workers Compensation Division.
The Personal Injury Commission is made up of two divisions. Each division has an appointed division head whose role is to direct the day-to-day business of the division.
Glenn Capel is the Head of the Workers Compensation Division.
Marie Johns is the Head of the Motor Accidents Division.
Marianne Christmann is the Principal Registrar of the Commission. The Principal Registrar provides high-level, executive leadership and strategic advice to the President and assists the President in managing the business and affairs of the Commission. This includes responsibility for the Registry and the staff and resources of the Commission.
Members are experienced, independent decision-makers who are appointed by the Commission to help resolve disputes. They have a detailed understanding of the workers compensation system and/or the motor accidents system, as well as the interests of all involved.
Members conduct Commission proceedings in a way that is fair to all parties. At each stage, the member will encourage and assist parties to resolve their dispute by finding a solution that is agreeable to everyone involved. If the parties cannot agree on a solution, the member will decide the dispute, after hearing the submissions of the parties and considering the evidence filed.
Members also sit on appeal and review panels which determine appeals and reviews of decisions made by medical assessors and merit reviewers.
|Workers Compensation Division||Motor Accidents Division||Dual Appointment|
|Cameron Burge||Belinda Cassidy||Susan McTegg|
|Rachel Homan||Brett Williams||Terence O’Riain|
|John Isaksen||Alexander Bolton|
|Jaqueline Snell||Ray Plibersek|
|Workers Compensation Division||Motor Accidents Division||Dual Appointment|
|Brett Batchelor||Stephen Boyd-Boland||Michael Inglis|
|William Dalley||Terrence Broomfield||Anthony Scarcella|
|Marshal Douglas||Maurice Castagnet||Cameron Thompson|
|Karen Garner||Allan Cowley||Philip Young|
|Catherine McDonald||Robert Foggo|
|Deborah Moore||David Ford|
|Jane Peacock||Hugh Macken|
|Richard Perrignon||Elizabeth Medland|
|Michael Perry||Bridie Nolan|
|Nicholas Read||Gary Patterson|
|Carolyn Rimmer||Shana Radnan|
|Christopher Wood||Terence Stern|
|Paul Sweeney||Elyse White|
The Commission's merit reviewers exercise functions in the Motor Accident Division. They determine statutory benefit disputes under Schedule 2, 1 of the Motor Accident Injuries Act 2017.
Some merit reviewers also hold a dual appointment as a member of the Motor Accident Division.
|Tajan Baba||Stavros Georgiadis||Shana Radnan|
|Josephine Bamber||John Harris||Katherine Ruschen|
|Alexander Bolton||Michael Inglis||Anthony Scarcella|
|Stephen Boyd-Boland||Jeremy Lum||Kriesen Seeneevassen|
|Michelle Boyle||Hugh Macken||Michael Sofoulis|
|Rachel Brittliff||Susan McTegg||Terence Stern|
|Terrence Broomfield||Elizabeth Medland||Cameron Thompson|
|Belinda Cassidy||Bridie Nolan||Elyse White|
|Maurice Castagnet||Terence O'Riain||Brett Williams|
|Allan Cowley||Gary Patterson||Philip Young|
|Robert Foggo||Raymond Plibersek|
The Commission's mediators exercise functions in the Workers Compensation Division. They assist parties to resolve work injury damages disputes.
The parties must first participate in mediation.
Mediations can be conducted in Sydney or in a regional location, and can also be conducted via video. During the mediation, the mediator attempts to bring the parties to agreement. If the parties are not able to agree, the worker may then commence court proceedings.
|Ross Bell||Nina Harding||Gary McIlwaine|
|Lara Bishkov||Kathy Ireland||Christopher Messenger|
|Laurence Boulle||John Ireland||Dennis Nolan|
|Calvin (Jak) Callaway||Katherine Johnson||Philippa O'Dea|
|Philip Carr||John Keogh||Richard Perrignon|
|Janice Connelly||Bianca Keys||Anthony Scarcella|
|Catherine Davidson||Stephen Lancken||Karen Stott|
|Geri Ettinger||Margaret McCue||Paul Sweeney|
|David Flynn||Michael McGrowdie||John Tancred|
|Robert Foggo||John McGruther||John Whelan|
Medical assessors are highly experienced medical and allied health practitioners who are qualified in a range of specialities. They conduct medical assessments to determine certain aspects of a dispute, such as assessing the degree of permanent impairment resulting from an injury. They can also provide decisions about an injured person’s medical condition, whether the injury is a minor injury, for the provision of medical treatment and their fitness for employment.
Medical assessors are engaged directly by the Commission and are independent of any party to a dispute. They are appointed to provide independent assessments and do not give clinical advice or provide treatment to the injured person.
Medical assessors also sit on medical appeal panels and medical review panels. Medical assessors may be appointed to one or both divisions of the Commission.
The Personal Injury Commission is committed to finding the best people to deliver excellence in dispute resolution services for the people of New South Wales.
Working at the Commission is a unique opportunity to have a real impact, at a time when people may be experiencing difficult circumstances. We provide interesting work opportunities in an innovative organisation that values diversity, inclusion, and fairness.
The Commission advertises employment opportunities on the I work for NSW website. Appointments as members, mediators, merit reviewers and medical specialists are advertised on the Commission’s web site and in our e-bulletin.
The Commission cannot warrant and does not represent that the material which appears on our website or any linked sites is complete, current, reliable or free from error.
The Personal Injury Commission also cannot accept any responsibility or liability for any loss, damage, cost or expense that might be incurred as a result of the use of, or reliance upon, the materials which appear on this or any linked sites on our website.
Privacy, Information Access and Copyright
For information relating to the Commission's policies on privacy, access to information and copyright, click on the relevant section below.
This privacy statement applies to all generally accessible pages on the Personal Injury Commission website.
The Commission does not have responsibility for the privacy policies or practices of third party sites linked to this site. If you have any questions about the Commission’s website or the application of this web-related privacy statement, or have a request for access to information collected through this website, please contact us.
Users of this site are entitled to expect that any information collected as a result of that use will be treated within the terms of the NSW Government’s privacy responsibilities and obligations. The NSW Government’s privacy practices are regulated by the New South Wales Privacy and Personal Information Protection Act 1998.
What information do we collect?
For each page you visit on this website, our system will automatically record information that identifies:
- the IP (Internet Protocol) of the machine you are using
- the address of your server
- the date and time of your visit to the site
- the pages accessed and documents downloaded, and
- the type of browser and operating system you are using.
Cookies are small pieces of text data that a web server can store on, and later retrieve from, a user’s computer. They do not personally identify you, but do identify your browser. They can be either ‘persistent’ or ‘session’ cookies. Persistent cookies are stored on your computer, contain an expiration date, and may be used to track your browsing behaviour upon return to the issuing website. Session cookies are short lived, are used only during a browsing session, and expire when you shut down your browser.
This site uses both persistent and session cookies.
They record your preferences in relation to your use of the site and provide us with other information about your enquiry that allows us to recognise your browser if you return to this website in the future. This allows the Commission to present information that may be most relevant to you based on your previous visits. They also help the Commission to understand what parts of the site users find the most useful and improve the effectiveness of the website.
The cookies on this site do not read the information on your hard drive. They do not make your computer perform any actions or make your computer send information to any other computer via the internet.
How do we use the information collected?
The information collected during each visit is aggregated with similar logged information and published in reports the Commission can use to identify patterns of usage on the site. This helps us improve the website and the information and services offered on it.
The Commission will not disclose or publish information that identifies individual computers, or potentially identifies subgroupings of addresses, without consent or otherwise in accordance with the New South Wales Privacy and Personal Information Protection Act 1998.
What exceptions are there to this rule?
The Commission will collect, use and disclose more extensive information than stated above in the following circumstances:
- unauthorised attempts to access files which are not published on the Commission’s website pages
- unauthorised tampering or interference with files published on the website
- unauthorised attempts by other sites to index the contents of the site
- attempts to intercept messages of other users of the site
- communications which are defamatory or abusive, vilify individuals or groups, or give rise to a suspicion that an offence is being committed
- attempts to otherwise compromise the security of the web server, breach the laws of the State of New South Wales or the Commonwealth of Australia, or interfere with the enjoyment of the site by other users.
The Commission reserves the right to make disclosures to relevant internal and external authorities where the use of this website raises a suspicion that an offence is being, or has been, committed.
In the event of an investigation, the Commission will provide access to data to any law enforcement agency that may execute a warrant, statutory instrument or subpoena to inspect our logs.
Information collected on the Commission’s site is stored in an appropriately secure format and held for archival purposes. The information is deleted when no longer required for the purposes it has been collected.
Information provided as feedback
The Commission provides feedback facilities on this website to allow users to provide input into the future development of the site, make comments on the provision of services, and update information about comments on the site.
Users provide personal details as part of their feedback. This information will only be used for the purpose for which it was provided. We may publish aggregated information about feedback on the site to the extent that it does not identify or cannot be used to identify individual users.
Who else has access to information collected?
Customer Delivery Transformation in the NSW Department of Customer Service captures this information on its own computers and through the use of third-party analytical software such as Google Analytics and Hotjar. Access to the raw data is restricted to a limited number of staff and Squiz Australia (our host). Access to any personal information or documentation collected as a result of online lodgment or update (including a respondent update) of a dispute application will be restricted to the Personal Injury Commission, the Commission’s service providers and the parties involved in the dispute.
Privacy statement updates
Due to the developing nature of privacy principles for online communication, this privacy statement may be modified or expanded in light of new developments or issues that may arise from time to time. The amended statement will be posted to this website and will operate from the time it is posted.
Complaints about how we use your personal information
If you have a complaint about the Commission’s use of your personal/ health information, please email firstname.lastname@example.org. This email address is accessed by the Commission’s Privacy Officer.
Raising your concerns - You can make a general complaint, or make application for internal review of the relevant conduct under section 53 of the Privacy and Personal Information Protection Act 1998 (PPIP Act) or under section 21 of the Health Records and Information Privacy Act 2002 (HRIP Act), depending on which is appropriate. You should bring any application within 6 months (or such later date as the Commission may allow) from the time you first became aware of the relevant conduct.
Use the Commission’s Application Form - Whether you are making an application under section 53 of the PPIP Act, under section 21 of the HRIP Act or submitting a general complaint/expression of concern, please use the Commission’s Privacy Complaint/Concern: Internal Review Application Form which you can access here. All privacy complaints must be made in writing, however you are not required to use the Privacy Complaint Application Form, although the Commission recommends you do so.
If you do not want to complain to the Commission, you can direct your complaint or concern to the NSW Privacy Commissioner:
Email: email@example.com, Phone: 1800 472 679 Mailing address: Level 17, 201 Elizabeth Street Sydney 2000
If you are unsatisfied with the outcome of any Application for Internal Review
If you are unsatisfied with the outcome of your application for internal review or the actions taken (or proposed to be taken) by the Commission, you may apply to the Administrative and Equal Opportunity Division of the NSW Civil and Administrative Tribunal (NCAT) for an external review. You must lodge your application with the NCAT within 28 days of receiving the report telling you about the outcome of your internal review from the Commission.
If the internal review has not been completed within 60 days of you lodging your internal review application, then you can also lodge an application to the NCAT. Your application to the NCAT must be made within 28 days after the date when that 60-day period ends. In other words, within 88 days after you lodged your internal application with the Commission.
You can only conduct an external review if you have first made a valid internal review application to the Commission.
Access to information
This section outlines the kinds of information held by the Personal Injury Commission and the ways of accessing that information.
Types of information held by the Commission
The Commission collects information to register applications and make decisions about personal injury disputes. This includes personal information, health information and other information provided by the parties and their legal representatives in Commission proceedings, including but not limited to:
- claim forms
- medical and investigative reports
- injury management plans, clinical notes and medical certificates
- witness statements
- notices issued under workers compensation or motor accidents legislation
- complying agreements
- wage information and payslips.
The Commission also holds information relating to its decisions, proceedings, services and administration.
Protecting personal and health information
The Commission has obligations under the New South Wales Privacy and Personal Information Protection Act 1998 (PPIPA) and Health Records and Information Privacy Act 2002 (HRIPA) to protect the privacy rights of customers, service providers, staff and members of the public. The Commission takes these responsibilities seriously.
The PPIPA and HRIPA contain principles about managing personal and health information which we must comply with. These principles are legal obligations that describe what we must do when we collect, store, use or disclose personal and health information to ensure safeguards are in place to protect personal and health information from loss, unauthorised access, use, modification or disclosure, and against all other misuse. The Commission complies with these obligations.
While anyone can seek access, under the Government Information (Public Access) Act 2009, to government information that is held by us, there are certain considerations that are taken into account before any information is released. We are unlikely to disclose the personal or health information of another person.
Information that is publicly available
The Government Information (Public Access) Act 2009 (GIPA Act) requires the Commission to make certain information, known as ‘open access information
’’, publicly available. The Commission holds the following types of open access information which is publicly available, free of charge, on the Commission ’’s website:
- this information guide
- policy documents.
The GIPA Act also authorises the proactive release of information unless there is an overriding public interest against disclosure of the information. Accordingly, the Commission has made the following information publicly available, free of charge, on this website:
- procedural directions and guidelines
- guides and codes of conduct
- annual reviews
- papers and presentations
- bulletins and brochures.
How to access the Commission’s information
If the information you seek is not available on this website, there are, under the GIPA Act, two mechanisms for release of government information that you may which to use: an informal request or a formal access application .
An informal request can be made to the Commission for the release of certain information. The Commission is not obliged to consider an informal request but may do so if possible.
Much of the information that is held by the Commission, other than the publicly available information referred to above, relates to the personal information of individuals and is likely to be exempt from disclosure under the GIPA Act. However, a formal access application may be made using the formal access application form.
Applicants can also contact the Commission’s Right to Information Officer on 1300 368 040 or write to:
Right to Information Officer
Personal Injury Commission
PO Box 594
Darlinghurst NSW 1300
For further information on the GIPA Act, contact the Information and Privacy Commission NSW on 1800 472 679.
Copyright in the material which appears on the Personal Injury Commission website (including text, photographs and artwork) vests, subject to the Copyright Act 1968, in the author of the material, whether that be the site content provider or some other person or organisation.
Material published on the Personal Injury Commission website cannot be reproduced without written permission of the President or Principal Registrar.
Google translate disclaimer
Translations on the Personal Injury Commission website are performed by Google Translate. Google Translate is a free translation service that provides instant translations between different languages.
The Commission uses Google Translate to allow the public and stakeholders to have instant access to up-to-date information in multiple languages.
Google Translate cannot translate all types of documents and may not provide an exact translation. Anyone relying on information obtained from Google Translate does so at his or her own risk.
The Commission does not make any guarantees as to the accuracy of the translations provided by Google Translate. The Commission, its members, employees and/or agents shall not be liable for damages or losses of any kind arising out of, or in connection with, the use of information translated by Google Translate, including but not limited to damages or losses caused by reliance upon the accuracy of any such information or damages incurred from the viewing, distributing or copying of such materials.