Access Principles

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:

• free from lodgement fees;
• committed to providing a dispute resolution service accessible to all members of the community;
• 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.

The Commission’s objects are to:

(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.

When communicating with you, the Commission will:

• correspond directly or through your legal representative, where appropriate;
• use simple language where possible;
• write in plain English;
• use large print formats if required;
• be culturally aware;
• understand the needs of people with disabilities, or literacy/language difficulties, and
• provide interpreters free of charge in the language or dialect you have requested.

If you do not have legal representation, we can provide you information about:

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

The Commission cannot provide legal advice, regardless of whether you are represented, but the following organisations may be able to assist:

• For 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)

If you are in a regional or rural community, the Commission assists access by:

• appointing Members who are resident throughout regional and rural NSW;
• adopting processes that encourage the resolution of disputes at teleconference;
• using venues across a variety of locations in regional NSW;
• using high quality telephone and video technology to conduct proceedings;
• allocating a Member, Medical Assessor, Mediator or Merit Reviewer  to resolve a dispute near your location;
• conducting education and information seminars throughout regional and rural NSW, and
• consulting with key stakeholders in regional and rural areas to ensure that particular needs are identified and met.

To assist the Commission, we ask that you:

• advise your preferred location for the conciliation conference/arbitration hearing or assessment conference from the location list when lodging an application with the Commission;
• indicate the most convenient location within New South Wales if you live outside New South Wales;
• indicate any other relevant special needs you may have in the application, and
• inform the Commission if you would prefer to conduct proceedings in Sydney, despite being based in a rural or regional location.

The Commission provides member, mediation and medical assessment services in the following locations:

• 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

If you are from a culturally and linguistically diverse background, the Commission will:

• provide an interpreter, free of charge, during formal proceedings;
• 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;
• use the community language skills of staff, where appropriate;
• ensure that members and staff are trained in cultural awareness, and
• ensure information produced by the Commission considers relevant cultural sensitivities.

If you have a disability, the Commission will:

• endeavour to provide appropriate facilities to enable you to participate fully in any proceedings;
• ensure our premises in Darlinghurst are accessible, and
• regularly review our regional venues, to ensure they are and remain suitable.

To best assist, the Commission asks that you:

• be aware of and comply with the Commission’s Rules, Procedural Directions and policies;
• fully complete all forms, including all relevant information about your access needs;
• tell us promptly of changes to your information, contact details, or access requirements, and
• treat members, staff and service providers politely and with respect.

His Hon Judge Gerard Phillips

President

1 March 2021