Complaints Policy

Purpose

This policy outlines the principles for making and managing complaints about the Personal Injury Commission (Commission) and/or its staff members or decision-makers.

The Commission fosters a culture that is open to complaints and recognises that a person making a complaint wants to be heard, understood, respected and provided with an explanation and if appropriate, an apology.

The Commission believes that a professional and timely response to suggestions and valid complaints promotes fairness and transparency, leads to improvements in its services, and creates public confidence in the decision-making, in accordance with its statutory objectives.¹

This policy demonstrates the Commission’s commitment to treat complainants with respect and provide a clear process for making a complaint and managing the complaint.

Scope

This policy provides guidance on:

1. the rights and responsibilities of people who make complaints
2. complaints the Commission can and cannot respond to
3. how to make a complaint
4. how complaints are handled

All Commission staff and decision-makers are subject to codes of conduct and policies. A complaint may be made about the actions or conduct of Commission staff or decision-makers.

Definitions

The rights and responsibilities of people who make complaints

Complainant rights

Complainants have the right to

• make a complaint and express their opinions in ways that are reasonable, lawful and appropriate
• be treated with courtesy and respect
• an objective, impartial and fair assessment or investigation of the complaint
• receive a timely response and be informed about the outcome of their complaint.

Complainant responsibilities

Complainants are responsible for

• treating all parties with courtesy and respect
• being honest and cooperative during a complaint investigation
• clearly identifying what their complaint is about and providing all relevant information available to them.

The Commission will not continue to investigate or deal with a complaint where there is unreasonable conduct, bullying or harassing behaviour by the person making the complaint. This can include vexatious, abusive, or repetitive demands or communications.

In exceptional cases, or where a complaint has already been responded to multiple times, the Commission may formally advise a complainant that no further action will be taken and will respond only when new disputes are raised.

Complaints the Commission can and cannot respond to

Any person dissatisfied with the functions of the Commission or with the conduct of Commission staff members or decision makers can make a complaint. There are instances where a complaint cannot be responded to.

Current disputes

If a complaint is received while a dispute is current before the Commission, it will generally not be investigated until it is finalised This helps to ensure the decision-making process remains impartial and free from bias.

In exceptional circumstances, the Commission may, at its discretion, determine that it is necessary or appropriate to investigate the complaint earlier.

Decisions

Making a complaint will not change a decision made by a Commission decision-maker, nor will it change the Commission decision-maker allocated to a dispute.

A person seeking a different outcome to the decision of the Commission should not make a complaint but should seek advice about any rights of appeal or review they may have. Appeals and review rights exist in relation to decisions of the Commission.

The Commission cannot otherwise change decisions made by its decision-makers. Complainants are advised, wherever possible, to obtain legal advice before proceeding to appeal. There are clear and fair processes in place to correct wrong decisions and support appeals and reviews.

Medical assessments

Medical assessments conducted by the Commission form part of the legal proceedings to resolve personal injury disputes. They are not the same as treatment or medical advice provided by a treating doctor.

As such, complaints cannot be made in relation to the absence of treatment or medical advice, nor will complaints change the outcome of an assessment.

Being challenged or asked the same question in different ways during a medical assessment is also part of the dispute resolution process. It ensures that the medical assessor gathers all relevant information and, in itself, is not a valid basis for complaint. Fact sheets on what to expect at a medical assessment are available on the Commission’s website.

Complaints about associated parties

The Commission cannot respond to complaints about associated individuals or organisations, such as private lawyers, insurers or other government agencies.

Complaints about private lawyers should be directed to the Office of the NSW Legal Services Commissioner (OLSC).

Complaints about insurers should be directed to the Independent Review Office (IRO) or the State Insurance Regulatory Authority (SIRA).

For issues with another NSW government agency the first step is to contact them and try to resolve the matter.

How to make a complaint

Writing

In most instances complaints must be made in writing by email or letter.

• Email: complaints@pi.nsw.gov.au
• Mail: PO Box 594 Darlinghurst, NSW 1300

Persons wishing to complain about the actions or conduct of Commission staff or decision-makers 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 is about the Principal Registrar, it should be directed to the President for attention.

As the President of the Commission is a judicial officer, complaints about the President should be sent to the Judicial Commission of NSW.

Where a complaint is made verbally and not put in writing, the complainant may be requested to formalise the complaint by putting it in writing. However, where appropriate, matters raised in verbal complaints may be used to inform process improvements.

Complaints from people with diverse needs

Where a person has difficulty making a complaint, Commission staff will help them.

For people with disability to communicate their complaint, staff can help by taking the complaint down in writing on their behalf or via the National Relay Service.

For people from non-English speaking backgrounds, the Telephone Interpreter Service (TIS – 131 450) can help with making a complaint.

Anonymous complaints

The Commission is unable to provide a written response to a complaint that does not identify the complainant.

How complaints are handled

The Commission will give timely acknowledgement that a complaint has been received and investigate all written complaints. It may respond by:

1. taking prompt action to resolve the complaint
2. giving information about rules, processes or procedures
3. providing regular updates on the progress of the investigation, if required
4. consulting with the staff member or decision-maker complained about, to afford them procedural fairness
5. contacting the complainant directly to seek a resolution, or to request more information to help with the investigation
6. issuing a written outcome providing an explanation or an apology where appropriate.
7. referring the complaint to the President for consideration in relation to the actions or conduct of a decision-maker, if appropriate
8. initiating formal public sector procedures if Commission staff are found to have engaged in misconduct
9. making changes to practices or procedures where appropriate.

Confidentiality

Complaints are kept separate from any disputes before the Commission. All complaints are treated confidentially and dealt with on the basis that information related to the complaint is restricted to those who have a ‘need to know’.

The Commission will protect the identity of people making complaints, where this is practical and appropriate, and subject to legal obligations. The details of a complaint, or personal information that identifies individuals may be disclosed or used by the Commission to enable it to respond to or resolve the complaint.

Statistics on the number of complaints to the Commission will be the subject of general Commission reporting requirements.

Published 22 October 2025

1 Personal Injury Commission Act 2020, section 3.