Complaints Policy

1. Any person can make a complaint to the Personal Injury Commission (Commission). The Commission will handle a complaint objectively, impartially, and fairly. The Commission will give timely acknowledgement that a complaint has been received.
2. A complaint may be made about the actions of Commission staff, members, including Presidential Members, Principal Members, Senior Members, General Members, mediators, merit reviewers and medical assessors. The Commission believes that a professional response to suggestions and complaints about its practices and procedures promotes fairness, leads to improvements in its services, and creates confidence in the outcome of disputes.
3. A complaint will not change a decision of the Commission, nor will it change which Commission decision-maker is allocated a matter. A complaint will not be investigated while a dispute is live before the Commission.¹
4. A person seeking a different outcome to that of the decision of the Commission should not make a complaint but should seek advice about any rights of appeal or reconsideration they may have in relation to the decision. Appeal and reconsideration rights exist in relation to decisions of the Commission. The Commission cannot otherwise change a determination made by a member, merit reviewer or medical assessor of the Commission. Parties are advised, wherever possible, to obtain legal advice before proceeding to appeal. Effective and accessible procedures are in place for the correction of wrong decisions, and for the facilitation of genuine appeals.
5. The Commission does not investigate allegations of misconduct by legal practitioners or insurers. Enquiries should be directed to the Office of the Legal Services Commissioner or the Independent Review Office respectively.
6. Persons wishing to complain about the actions of Commission staff, members, mediators, merit reviewers or medical assessors should write to the Principal Registrar setting out their concerns, the details or any supporting evidence they rely on in their complaint and what they would like to achieve from making the complaint. If the complaint concerns the Principal Registrar, it should be directed to the President for attention.
7. The Commission is unable to provide a written response to a complaint that does not identify the complainant. Where a complaint is made verbally and not put in writing, the Commission will not formally reply to it. However, where appropriate, the Commission will give serious consideration to how matters raised in verbal complaints may inform improvements in the Commission.
8. Where a person has difficulty making a complaint in writing, staff of the Commission will provide assistance. If necessary, assistance will be provided for persons who have a disability to make a complaint, for example via the use of TTY. The Telephone Interpreter Service may also be of assistance to a complainant.
9. The Commission will investigate all written complaints and, where necessary, may do any or all of the following:

a) consider what, if any, prompt action may resolve the complaint and, where appropriate, institute or recommend such action,

b) consult with the member of staff, member, mediator, merit reviewer or medical assessor who is referred to directly in the complaint, (the person about whom a complaint in writing is made will, in most circumstances, be given a copy of the complaint and asked to respond to the Principal Registrar or President to afford them procedural fairness),

c) contact the complainant personally to seek informal and speedy resolution of the complaint,

d) refer the complaint to the President for consideration in relation to reviewing the performance of a member, mediator, merit reviewer or medical assessor,

e) recommend, in the case of Commission staff, that action be commenced in accordance with formal public sector procedures, and

f) initiate changes to practices or procedures to prevent a similar complaint arising in the future.

10. The substantive details of a complaint will be dealt with by the Commission confidentially on the basis that information is restricted to those who ‘need to know’. Statistics on the number of complaints to the Commission will be the subject of general reporting requirements.
11. The Commission will respond to all written complaints in writing as soon as practicable and will advise the complainant of the outcome of the investigation into the complaint.
12. The Commission will not continue to investigate or deal with a complaint where there is unreasonable conduct by the person making the complaint, including vexatious, abusive, or repetitive demands or communications.

His Hon Judge Gerard Phillips

President

22 January 2024

1 A complaint may be investigated while a matter is current before the Commission in exceptional circumstances, where it is decided that this is necessary or appropriate given the circumstances of the complaint and in the Commission’s discretion