Edition 5 - November 2020

Welcome

Welcome to the latest edition of Towards the PIC, a regular newsletter to update you on our progress towards commencement of the Personal Injury Commission (PIC) on 1 March 2021.

I would like to welcome our recent subscribers to the newsletter and note that we have broadened our distribution to include current users of the Workers Compensation Commission and Dispute Resolution Services portals.

This edition focuses on reference groups I am establishing for our stakeholders, speaking engagements I have been conducting for the legal profession and new frequently asked questions.

I look forward to providing further updates soon.

Sincerely,

Judge Gerard Phillips

Reference Groups Established for Ongoing Stakeholder Engagement

In establishing the PIC, I am committed to ensuring the positions and views of the professions and industries who will interact with the new tribunal are heard. To this end, I have recently convened several reference groups that will meet regularly to:

• receive updates on the creation and implementation of the PIC
• represent the views of their cohorts, professions and industries in discussions
• participate, as representatives of their cohorts, in consultation regarding the draft Regulations and Rules that will govern how the PIC operates

I would like to thank the delegates confirmed for these groups for their willingness to participate in these important forums.

These groups and their membership are listed below for your reference.

PIC Stakeholder Reference Group

PIC Medical Assessors Reference Group

PIC Mediator Reference Group

A Members Reference Group will be also be established later, when recruitment activities for PIC members are complete.

Speaking Engagements with the Legal Profession

I have had the opportunity over the past few months to provide updates about the PIC at several legal firms and profession events. These engagements have proved very fruitful and I have been impressed by the strong level of interest in the PIC demonstrated by the attendees.

I have attached the speech I delivered at the Legalwise Seminar on Friday 30 October 2020 here for your information.

I look forward to providing information about the PIC in further forums in the coming weeks.

New Frequently Asked Questions

I published a comprehensive list of Frequently Asked Questions in Edition 2 of Towards the PIC .

Here are some additional questions and answers that have been raised during my recent speaking engagements for your reference.

How can the PIC and parties to disputes bring everyone on the digitisation journey?

The move to fully digital dispute management is mandatory and requires all parties to disputes – claimants, legal representatives, insurers, medical assessors and decision makers  – to play their part in educating those providing documentation to do so in digital format only. The PIC will support claimants and professions in this education process. Provision of hard copy documents will not be possible from PIC establishment, so the professions are encouraged to ensure adoption of the digital processes immediately.

How will regional claimants be supported to interact with the PIC digitally?

The PIC is working with Service NSW to develop options for claimants in regional areas to submit applications and participate in hearings. The PIC will sit in regional centres and it is anticipated that claimants in other regional areas will be able to participate in hearings from their homes, their lawyer’s office or Service NSW offices  via Audio-Visual Link. Further details will be provided when these arrangements are finalised. The PIC is also encouraging the professions to ensure they have internet connections of the appropriate quality to enable effective digital interactions.

Will decision making processes across the Workers Compensation and Motor Accidents divisions of the PIC be harmonised?

The establishment of the new tribunal provides an opportunity to harmonise processes wherever possible to ensure the best service experience for injured people. Utilising multidisciplinary panels, for instance, will ensure everyone brings the appropriate skillset, whether that be medical or legal, for the benefit of all parties . The structure of the PIC will allow it to not only deliver quality services from establishment, but also provides it with a sound foundation to grow and respond to future changes and demands.

How will the PIC support quality decision making for minor injury disputes?

One of the key aims of the PIC is to enhance the quality of decisions for both Workers Compensation and Motor Accident disputes. This is for all dispute categories, including minor injury. Several of the objects of the PIC legislation (Section 3) relate specifically to quality decision making:

(d) to ensure that the decisions of the Commission are timely, fair, consistent and of a high quality,

(e) to promote public confidence in the decision-making of the Commission and in the conduct of its members,

(f) to ensure that the Commission—

(i) publicises and disseminates information concerning its processes, and

(ii) establishes effective liaison and communication with interested parties concerning its processes and the role of the Commission,

(g) to make appropriate use of the knowledge and experience of members and other decision-makers.

These objects will be realised for all disputes through practices and procedures that ensure the appropriate decision makers are involved in the right forums for the various decision types, the ongoing provision of education and/or training for decision makers, the development of a decision making style guide that governs the form of how decisions are written and publication of decisions made for reference purposes.

Have a question about the PIC?

If you have a question you would like to ask about the PIC, please email us at [email protected]

Missed earlier editions of Towards the PIC?

If you’re new to our distribution list for this newsletter, I’d encourage you to view the earlier editions. Access them here.

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