Edition 6 - December 2020

Welcome

Welcome to the final edition of Towards the PIC for 2020. Work to ensure the establishment of the Personal Injury Commission (PIC) to commence on 1 March 2021 is substantially advanced.

This edition focuses on the appointment of new PIC members, regulations and rules.

It would be an understatement to say that this has been a trying year and we all look forward to a more normal 2021. I wish everyone a very merry Christmas and a happy and safe break over the holiday season.

Sincerely

Judge Gerard Phillips

New PIC Members Confirmed

I am pleased to announce that the Government has made the following appointments to the PIC:

Principal members -

• Ms Josephine Bamber
• Mr John Harris

General members full time -

• Mr Alexander Bolton
• Ms Belinda Cassidy
• Ms Susan McTegg
• Mr Terence O’Riain
• Mr Ray Plibersek
• Mr Brett Williams

I congratulate each and every one of our new members. The appointment panel was delighted with the high quality of all candidates who applied for members’ roles in the PIC. The new members bring significant experience and skill which will be to the benefit of the PIC and the citizens and insurers who will be appearing there. These appointments mean that the PIC across both divisions will have a full cohort of experienced decision makers ready for work on 1 March 2021.

I expect to be in a position to announce who the sessional general members will be early in the new year.

PIC Regulations Proclaimed

The Personal Injury Commission Regulation 2020 and the Motor Accidents and Workers Compensation Legislation Amendment Regulation 2020 have now been proclaimed. These are important legal instruments that needed to be in place to establish the PIC.

The regulations are the product of not only detailed work undertaken by the Office of the Secretary, and senior members from both the DRS and the Workers Compensation Commission, but also consultation with stakeholders. I would like to thank everyone involved in the process for your input to this achievement. You can access the Regulations on the NSW legislation website here and here

PIC Rules to be Finalised Early in 2021

The inaugural Rules for the PIC are at an advanced state of preparation. We have completed a process of initial consultation with stakeholders and are continuing to instruct PCO to finalise drafting.

The Rule Committee will meet in January 2021 to review the final draft of the Rules, prior to final consultation and publication. I will share the PIC Rules with you via this newsletter when complete.

Rules and Regulations – Which Apply When?

I am asked frequently about the new PIC Regulations and Rules and the circumstances in which they apply. The position is this. For all cases filed in the PIC on or after 1 March 2021, the new PIC Regulations and Rules will apply.

For all existing matters within the Workers Compensation Commission and Dispute Resolution Services which transfer into the PIC on 28 February 2021, all of the existing guidelines, rules and regulations as they exist prior to 1 March 2021 will apply. For example, in motor accidents, the existing situation with medical appeal panels, namely that they comprise of three medical specialists, will continue for all matters that are current prior to 1 March 2021. It is expected that this current caseload will take approximately six months to finalise after commencement of the PIC. The existing rights of claimants with current or pending matters in the existing entities at 1 March 2021 will also be transferred into the PIC.

As such, there is no need for claimants or their representatives to rush to lodge applications prior to 1 March 2021. A spike in applications at that time would in fact hinder the smooth transition to the PIC. I appreciate your assistance with maintaining an even flow of applications across the transition period.

Building the PIC Organisation

Work is continuing at pace to establish the PIC as an organisation that will deliver multiple benefits for injured people who need help with insurance scheme disputes. My implementation team is hard at work on the multiple streams of activity required to have the PIC ready for launch on 1 March 2021.

One of the areas of focus is building a single ‘front door’ for the organisation, to deliver on Minister Dominello’s vision that the PIC be a ‘one stop shop’ with a single contact point for Commission services. To that end, we are implementing a single website, telephone number and contact email address for the PIC plus a single reception area at our 1 Oxford Street, Darlinghurst premises. I will share our new contact details with you ahead of commencement and will be heavily promoting them through numerous communication channels in the weeks leading up to and after launch.

Briefings on PIC Operations to be held throughout February

To ensure stakeholders are aware of the PIC’s dispute management processes, contact details and rules of engagement from 1 March 2021, I will be rolling out a comprehensive program of briefing throughout February 2021. This will be coupled with induction, training and education activities for PIC staff to ensure they are well prepared to engage with injured people and parties to disputes from commencement. I will provide further details on these activities early in the new year

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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