This edition was issued on 27 October 2021
Welcome to the latest edition of Personal Injury Commission News. I trust that you are keeping safe and well.
This edition includes a recent decision regarding a federally-impacted matter that will assist your understanding of how these provisions operate, plus reminders about the recommencement of in-person medical examinations and the Commission’s Christmas/New Year closedown arrangements.
I will be in touch with another edition of Personal Injury Commission News soon.
Judge Gerard Phillips President
Some of the Commission’s users have had questions about how the provisions for federally-impacted matters operate.
The Commission does not have jurisdiction to hear and determine ‘compensation claims’ which involve an exercise of federal jurisdiction as contained within s 75(iv) of the Commonwealth Constitution - these being matters between States, or between residents of different States, or between a State and a resident of another State.
Please remember that it is the practitioner’s responsibility to familiarise themselves with the relevant provisions under Division 3.2 of the Personal Injury Commission Act 2020.
Please note that if the Commission forms the opinion that a matter is federally-impacted, the matter will be rejected by the Commission’s Registry and the legal representative will then need to make application to the District Court in accordance with Section 26(4). The District Court may remit the matter back to the Commission for determination if satisfied that the Commission has jurisdiction to determine the matter.
Attached is a recent decision by Principal Member Harris that relates to this topic for your consideration.
Reminder: In-Person Medical Assessments Have Recommenced this Week
With pandemic-related restrictions easing across NSW, the Commission has recommenced in-person medical assessments this week. Further details regarding the protocols required to keep everyone involved safe are available on the Covid-19 Response page on the Commission’s website.
Please ensure that any claimants and support people approved to attend a scheduled in-person medical assessment comply with both the Protocols for Medical Assessments Conducted During Pandemic and Procedural Direction PIC11 – Medical Assessments Procedure – COVID-19.
Any attendees who do not comply with these requirements will not be able to undertake their assessments.
The recommencement of in-person medical assessments is a pleasing development that will enable the Commission to begin addressing the backlog of appointments that have arisen due to the pandemic lockdowns. Every scheduled appointment is important so please ensure that attendees comply with the requirements so that each assessment can proceed.
Reminder: Christmas/New Year Closedown – Key Dates
As reported in the last edition of Personal Injury Commission News, the Commission will be operating with reduced staffing from Monday 27 December 2021 to Friday 7 January 2022, with only a small team of front-line staff working remotely across the period.
The key dates and information related to the Commission’s various listings and functions across the period are now available for your reference on the Commission’s website here.
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