Access Charter

The Personal Injury Commission (the Commission) is a statutory tribunal that resolves disputes between people injured in motor accidents or workplaces in NSW and insurers and employers.

The Commission places the needs of injured claimants and workers at the centre of everything it does. It is committed to resolving disputes justly and efficiently in the shortest timeframe possible to reduce process trauma for injured people navigating the dispute resolution system. The Commission provides fit for purpose venues, both physical and virtual, for our dispute resolution events to ensure a quality experience for all tribunal users.

The Commission’s dispute resolution service is accessible to all members of the community. These services are:

• cost-free for any person who lodges 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
• 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 Personal Injury Commission Access Charter is consistent with and complements these objects, and covers the following:

• information and communication
• self-represented parties
• services to regional and rural communities
• culturally and linguistically diverse people
• people with disability.

Information and communication

The Commission provides tribunal users with clear and easy to access information about the Commission’s role, the dispute resolution process and the progress of the injured person’s dispute. To achieve this, the Commission will:

• provide information about the Commission’s role and the dispute resolution process on its website at www.pi.nsw.gov.au
• publish fact sheets to help users navigate some of the Commission's key processes
• correspond through a party’s legal representative, or directly with an injured party where appropriate
• use simple and inclusive language in all communications, where possible
• ensure decision-makers explain proceedings in simple terms to claimants and workers at the commencement of a dispute resolution event
• educate staff and decision-makers in addressing language and literacy capability differences
• upon request, provide interpreters free of charge in the language or dialect requested.

Self-represented parties

The term ‘self-represented’ refers to people who participate in their own proceedings without a legal representative.

The Commission will assist self-represented parties by providing accessible and appropriate information and procedural advice about the dispute process. The Commission is unable to provide legal advice.

The Commission recognises the additional challenges faced by self-represented parties who may find themselves in the unfamiliar territory of legal proceedings. Self-represented parties may not comprehend the process or have a full understanding of what is happening or the reason for the outcome. The Commission will assist self-represented parties by providing accessible information and guidance during the course of the dispute, including:

• options for obtaining legal or other assistance
• explanatory materials to assist users when lodging an application through the portal
• 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
• 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 contact the claimant or 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 them.

The Commission officer responsible for the dispute will contact the self-represented party prior to the preliminary conference, and again prior to the next stage of the proceedings.

During proceedings, a Commission decision-maker will:

• outline the process using simple and inclusive language, 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 their 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
• when appropriate, assist the self-represented party to draft agreed terms of any settlement reached.

The Commission is unable to provide legal advice but encourages self-represented parties to obtain legal representation. The following bodies may be able to assist:

• Independent Legal Assistance and Review Service for workers compensation proceedings, telephone 13 94 76, website www.iro.nsw.gov.au
• CTP Assist for motor accidents proceedings, telephone 1300 656 919, email: [email protected]
• Law Society Solicitor Referral Service, telephone (02) 9926 0333, website www.lawsociety.com.au
• LawAccess NSW, phone 1300 888 529

Services to regional and rural communities

The Commission delivers dispute resolution services for injured people and tribunal users across NSW, no matter where they live. A mix of physical, virtual and hybrid venues are available to provide tribunal users a simple dispute resolution process, with greater access, equity and speedier outcomes.

As a modern tribunal, the Commission has a strong digital and virtual presence providing access to the injured people of rural and regional NSW and ensuring regional listings progress at the same speed as metropolitan listings.

Disputes involving injured workers in rural and regional NSW can be conducted in the following ways:

• Virtually: matters which can fairly and efficiently be held online will be listed in this manner.
• Hybrid: a mixture of in-person and virtual attendances, for example with one or more parties and witnesses in regional, interstate, or international locations attending in-person conferences, hearings and mediations online.
• In person: face-to-face conferences, hearings and mediations for complex and sensitive matters in the presence of all parties at suitable regional venues.

The Division Head, Commission member or other decision-maker will decide which hearing option or combination of hearing options is most appropriate at the preliminary conference. Parties may seek an alternate venue option addressing the points as set out in procedural direction PIC10 at the preliminary conference.

The Commission has prioritised the provision of secure and convenient venue spaces in rural and regional NSW to promote access to justice for injured persons with disputes, while also ensuring the integrity of its proceedings. This includes access to a number of local court venues in regional NSW for in-person events and a hybrid venue in the Dubbo Service NSW Centre. The Dubbo venue is a private room which enables injured claimants, workers and other tribunal users (witnesses, legal representatives etc) in regional areas to attend the Commission’s dispute resolution events virtually.

Participants may attend dispute resolution events occurring at the Commission’s premises at 1 Oxford Street, Darlinghurst or wholly virtually from anywhere without having to travel.

Culturally and linguistically diverse people

The Commission is committed to ensuring all tribunal users have every reasonable means of understanding the course of dispute proceedings and are treated with due courtesy and respect. It acknowledges that cultural factors can impact on the way in which parties participate in and view the legal process.

The Commission operates in an informal and flexible manner and is sensitive to cultural factors that may impact on the ability of tribunal users to fully participate in proceedings. These factors may extend to the attendance of parties and witnesses, the physical arrangements of the hearing room, recognition of gender and religious beliefs, and acknowledging individual experiences in foreign justice systems.

To achieve our aim of being responsive and attentive to our culturally and linguistically diverse tribunal users the Commission will:

• educate staff and decision-makers to ensure an increased level of cultural competency
• encourage claimants and workers from non-English speaking backgrounds to use interpreters for medical assessments and dispute resolution events
• ensure that members, mediators, merit reviewers, medical assessors and Commission staff are familiar with the appropriate use of interpreters during proceedings
• recruit staff and decision makers using equal employment opportunity principles to ensure they are representative of a diverse community
• use the community language skills of staff, where appropriate
• accommodate, as far as practicable, any  requests based on religious or cultural reasons that impact on a party’s participation in dispute proceedings, for example requesting a female medical assessor, or having a chaperone present during a medical assessment
• 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 can also provide an AUSLAN interpreter where requested.

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 on 13 14 50 and quoting Registry’s phone number 1800 742 679

People with disability

As a personal injury tribunal, the Commission routinely handles disputes for people living with disability, including both physical and psychological. The Commission will endeavour to provide appropriate facilities to enable parties with disability to participate fully in any proceedings.

The Commission’s facilities in Darlinghurst provide hearing rooms and medical suites that are accessible to persons with physical disability. To assist people with hearing difficulties, a number of the Commission’s hearing rooms are fitted with hearing loop or infra-red technology . If you are deaf, hard of hearing or speech-impaired, you can contact the Commission through the National Relay Service.

For regional and rural in-person proceedings the Commission utilises local court venues and its hybrid venue in the Service NSW Dubbo Service Centre which provide access and facilities for people with disability. Parties should advise the Commission of specific accessibility requirements in relation to their dispute.

To lessen concern or anxiety on the part of claimants and workers undertaking psychiatric examinations, the Commission primarily undertakes online medical assessments for these disputes.

The Commission also recognises injured claimants and workers may require the additional physical or emotional support of a carer or family member during dispute resolution events and welcomes a support person when attending preliminary conferences, conciliations, hearings and mediations. For in-person events support persons must adhere to the protocols set out in paragraphs 19 and 20 of procedural direction PIC10. For medical assessments, a support person may attend under particular circumstances as outlined in procedural direction PIC6.

Parties should advise the Commission of any accessibility requirements in advance so arrangements can be made for necessary support.

Contacting us

The Commission welcomes feedback about any of our services, performance or policies.

You can contact us in the following ways:

Telephone

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

Mail

PO Box 594

Darlinghurst NSW 1300

Email

[email protected]

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

27 March 2024