Access Charter

The Personal Injury Commission (the Commission) is a statutory tribunal that resolves disputes under workers compensation and motor accidents legislation. The Commission is committed to providing a transparent and independent forum for the fair, just, timely and cost-effective resolution of workers compensation and motor accidents disputes in New South Wales.

The Commission is committed to providing a dispute resolution service that is accessible to all members of the community. This charter sets out the Commission’s policy in that regard.

The Commission’s services are:

• cost-free for any person who wishes to lodge a workers compensation and/or a motor accidents dispute;
• discrimination-free, irrespective of a person’s age, gender, race, culture, language, religion, sexuality, employment or ability, and
• physically accessible regardless of factors such as disability, remoteness or legal representation.

Objectives

Under section 4 of the Personal Injury Commission Act 2020 (NSW) (the Act), in interpreting a provision of the Act and in exercising a discretion under the Act, members of the Commission must have regard to the following objects outlined in section 3 of the Act;

(a) to establish an independent Personal Injury Commission of New South Wales to deal with certain matters under the workers compensation legislation and motor accidents legislation and provide a central registry for that purpose, (b) to ensure the Commission-

(i) is accessible, professional and responsive to the needs of all of its users, and

(ii) is open and transparent about its processes, and

(iii) encourages early dispute resolution,

(c) to enable the Commission to resolve the real issues in proceedings justly, quickly, cost effectively and with as little formality as possible,

(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.

The Access Charter is consistent with and complements these objects. The Access Charter covers the following:

• Information and communication
• Self-represented parties
• Services to regional and rural communities
• Culturally and linguistically diverse people
• People with disabilities

Information and communication

The Commission will provide clients with clear and easy access to information about the Commission and the progress of their case. To achieve this, the Commission will:

• correspond directly or through a parties’ legal representatives, where appropriate;
• use simple language in all communications, where possible;
• write in plain English;
• use large print formats if required;
• ensure that Members and staff are trained in cultural awareness;
• ensure that Members and staff are trained in addressing the needs of people with disabilities, or literacy / language difficulties;
• provide disability-appropriate information as required by our client group and the community in which we operate;
• provide all relevant information about the Commission electronically and in physical form, and
• upon request, provide interpreters free of charge in the language or dialect requested.

Self-represented parties

The Commission recognises its responsibility to parties who choose not to be represented by a lawyer or agent, and in particular self-represented workers and claimants.

The needs of self-represented parties must be considered in the context of both the conciliation and arbitration processes in workers compensation proceedings and in statutory benefits and common law damages in motor accident proceedings. Not all parties will need assistance with every aspect of their case.

A self-represented party may need accessible and appropriate information about some or all of the following:

• options for obtaining legal or other assistance;
• how the Commission operates and what to expect;
• lodging and responding to a dispute;
• understanding procedures in relation to different proceedings before the Commission;
• participating in discussions aimed at resolving the dispute, and
• understanding appeal rights, if any.

The Commission also provides specific information about its processes to self-represented parties once they have filed an application with the Commission.

Where a self-represented party lodges an application that is deficient or incomplete, Commission staff will personally contact the worker by phone and explain the Commission’s processes, including the documents or information that are required to commence proceedings.

The self-represented party will be advised that the failure to properly provide all the necessary documentation to support a claim may result in an order that the case be set aside, or another order otherwise unfavourable to him or her.

The Commission Officer responsible for the case will contact the self-represented party prior to the holding of the first teleconference, and again prior to the next stage of the proceedings.

During proceedings, a Commission Member will:

• outline the process in plain English, avoiding abbreviations or legal jargon where possible;
• explain any aspect of the procedure or any decision, assessment or ruling made by the Commission in relation to the dispute;
• use his or her best endeavours to ensure that all parties understand the nature of the matter and the legal implications of any assertions made in any document or during the proceedings;
• explain to the parties any aspect of the procedure or any decision or ruling made by the Commission in relation to the dispute;
• ensure that the self-represented party has the fullest opportunity practicable to have the dispute considered;
• ensure that the self-represented party has every opportunity to explore settlement of the dispute, and
• when appropriate, assist the self-represented party to draft agreed terms of any settlement reached.

The Commission is unable to provide legal advice, but will encourage unrepresented parties to obtain representation. The following bodies may be able to assist:

• In Workers Compensation proceedings: The Independent Legal Assistance and Review Service (telephone 13 94 76; website www.iro.nsw.gov.au)
• In Motor Accident proceedings: CTP Assist (telephone 1300 656 919; email: ctpassist@sira.nsw.gov.au)
• The Law Society Solicitor Referral Service (telephone (02) 9926 0333; website www.lawsociety.com.au)
• LawAccess NSW (website www.lawaccess.nsw.gov.au)

Services to regional and rural communities

The Commission is committed to high levels of service throughout New South Wales. Services to meet the needs or rural and regional communities include:

• the appointment of Members who are resident throughout regional and rural NSW;
• a structure that encourages the resolution of disputes at teleconference;
• venues across a variety of locations in regional NSW;
• availability of high-quality telephone and audio/video link technology to conduct proceedings;
• allocation of a Member to resolve a dispute near to the location of the worker or claimant.
• participation in education and information seminars throughout regional and rural NSW about the role of the Commission, and
• consultation with key stakeholders in regional and rural areas to ensure that particular needs are identified and met.

In order to best support the needs of rural and regional communities, parties are able to nominate a preferred region from the following list:

• Albury
• Ballina
• Bathurst
• Broken Hill
• Bourke
• Coffs Harbour
• Dubbo
• Gosford
• Griffith
• Newcastle
• Orange
• Penrith
• Port Macquarie
• Queanbeyan
• Sydney
• Tamworth
• Taree
• Tweed Heads
• Wagga Wagga
• Wollongong

The Commission will if possible, try and arrange for hearings and assessments to take place within the requested region at an approved venue. The Principal Registrar may grant leave to list in an alternate venue or location in certain circumstances. Parties in regional and rural areas may also nominate Sydney as a preferred location.

Approved venues will be easy to locate, have appropriate security, suitable access to premises, spaces for parties to confer separately, adequate lighting, as well as access to photocopying and facsimile facilities.

The Commission will:

• ensure appropriate venues are available in each location. Approved venues will be easy to locate, have appropriate security, suitable access to premises, spaces for parties to confer separately, adequate lighting, as well as access to photocopying and facsimile facilities;
• hold the conference or hearing at the Personal Injury Commission premises or approved venue if the preferred region is Sydney, or no location is requested;
• hold the conciliation conference, arbitration, conference or assessment hearing at the most convenient location within New South Wales if the worker or claimant lives outside New South Wales; and
• ensure the venue chosen takes into consideration the special needs of the worker or claimant (where possible).

To assist us, we ask that the worker, claimant or their representative to:

• advise the preferred location for the conciliation conference, arbitration, conference or assessment hearing from the Location List when lodging an application with the Commission;
• indicate the most convenient location within New South Wales if you are a worker, claimant or represent a worker or claimant, who lives outside New South Wales; and
• indicate any other relevant special needs of the worker or claimant in the application.

Culturally and linguistically diverse people

The Commission is conscious of the impact of cultural diversity on participation in proceedings, and how cultural factors impact on the way in which parties view the legal process. The Commission operates in an informal and flexible manner, sensitive to cultural factors that impact on the ability of persons to fully participate in proceedings. These factors may extend to the attendance of parties and witnesses, the physical arrangements of the hearing room, gender and religious beliefs, and individual experiences in foreign justice systems.  Many persons may have negative cultural experiences of the justice system in their country of origin. This includes Aboriginal and Torres Strait Islander people, who may also be considered as being from a non-English speaking background and may require assistance to communicate.

To achieve our aim of being responsive and attentive to the cultural and linguistic needs of our clients the Commission will:

• train members and staff in cultural awareness;
• recruit using equal employment opportunity principles to ensure staff and members are representative of the community;
• use the community language skills of staff, where appropriate;
• accommodate, as far as practicable, any related cultural issues communicated by the party that might have an impact on the use of an interpreter in proceedings, and
• ensure information produced by the Commission considers relevant cultural sensitivities.

Where requested, the Commission will provide interpreters free of charge, during formal proceedings. Generally, the Commission only uses interpreters certified by the National Accreditation Authority for Translators and Interpreters (NAATI).

However, where interpreters are required in a language not yet certified by NAATI, or where the Principal Registrar determines it is otherwise necessary in view of the unavailability of a NAATI certified interpreter, the Principal Registrar may approve another interpreter for use in proceedings.

The Commission is also able to provide an AUSLAN interpreter where requested.

The Commission ensures that Members, Mediators, Merit Reviewers, Medical Assessors and Commission staff are familiar with the appropriate use of interpreters during proceedings, through the provision of information sessions from time to time, as well as relevant written materials.

The Commission does not meet the costs of the interpreter or translator engaged in the preparation of an agreement, or prior to the commencement of proceedings. Parties should state that a translator was used and that the party clearly understands the terms and effect of the agreement.

Parties can contact the Commission through an interpreter by contacting TIS national and quoting Registry’s phone number.

People with disabilities

The Commission will endeavour to provide appropriate facilities to enable parties with a disability to participate fully in any proceedings. Parties should advise the Commission of any special needs.

The Commission’s facilities in Darlinghurst provide rooms that are accessible to persons with physical disabilities. All other venues where Commission proceedings occur have been inspected to ensure they are accessible to disabled persons.

In order to provide assistance to persons with hearing difficulties at the Commission, a portable ‘hearing loop’ machine will be made available when needed. If you are deaf, hard of hearing or speech-impaired, you can contact the Commission through the National Relay Service.

Contacting us

The Commission welcomes feedback about any of our services, performance or policies. You can contact us in the following ways:

Telephone

Sydney & NSW Country

Telephone: 1800 PIC NSW (1800 742 679) within Australia between 8:30am-5:00pm Monday-Friday (except public holidays)

Interpreter Services

Please contact TIS National if you wish to speak to Commission staff with the help of a telephone interpreter.
Telephone: 131 450

Mail

PO Box 594

Darlinghurst NSW 1300

Email

help@pi.nsw.gov.au

Registry

Level 21, 1 Oxford Street
Darlinghurst, NSW 2010
Opening hours: 9:00am-4:30pm Monday-Friday (except public holidays)

His Hon Judge Gerard Phillips

President

1 March 2021