PERSONAL INJURY COMMISSION RULES 2021
- Made under the Personal Injury Commission Act 2020 - As at 10 February 2023 - Reg 34 of 2021Table of Provisions
PART 1 - INTRODUCTION
- 1 Name of Rules
- 2 Commencement
- 3 Object of Rules
- 4 Definitions
PART 2 - APPLICATION
- 5 Proceedings to which Rules apply
- 6 Dispensing with requirements of Rules
- 7 Directions in circumstances not covered by Rules
- 8 Irregularities in Commission proceedings
- 9 Procedural orders by non-presidential members and merit reviewers
- 10 Relationship between Rules and procedural directions
PART 3 - ADMINISTRATION
- 11 Registry
- 12 Seal of Commission
- 13 Delegation of functions of President or Division Head
- 14 Register of delegations
- 15 Use of ECM system
PART 4 - DOCUMENTS
Division 4.1 - Forms and documents
Division 4.2 - Amendment of documents
- 19 Leave to amend documents
- 20 Amendment of documents
- 21 Minor or agreed amendments of documents
- 22 Directions concerning amendment of documents
Division 4.3 - Lodgment of documents
- 23 Lodgment of documents with and issue of documents by Commission
- 24 Lodgment of documents by ECM system
- 25 Lodging of statutory declarations by ECM system
- 26 When documents taken to be received or served
Division 4.4 - Service of documents
- 27 Address for service
- 28 Service between parties
- 29 Sealed copies of documents
- 30 Substituted service
- 31 Service outside Australia
- 32 Service of documents on Authority
PART 5 - EVIDENCE
Division 5.1 - General
- 33 Production of recordings, films and electronic documents
- 34 Calling witnesses
- 35 Expert witnesses
- 36 Use of interpreters
Division 5.2 - Notices for production
- 37 Application
- 38 Definitions
- 39 Notice for production
- 40 Time for service and production
- 41 Compliance with notice for production
- 42 Conduct money for compliance with notice for production
Division 5.3 - Directions for production
- 43 Definitions
- 44 Exercise of functions of President
- 45 Production of Commission record of proceedings
- 46 Request for direction for production
- 47 Direction for production
- 48 Service of direction for production
- 49 Compliance with direction for production
- 50 Objection to direction for production
- 51 Objection after production by party entitled to first access
- 52 Inspection and return of produced documents
- 53 Conduct money for compliance with direction for production
- 54 Exemption from production
Division 5.4 - Summonses
- 55 Definitions
- 56 Issue and service of summons
- 57 Variation of summons
- 58 Conduct money for compliance with summons
PART 6 - REPRESENTATION AND PARTIES
- 59 Exercise of functions under Part
- 60 Notice of representation
- 61 Representation of insurer in certain workers compensation proceedings
- 62 Orders concerning joinder
- 63 Service of documents concerning joinder and replies
- 64 Consolidation or splitting proceedings
PART 7 - COMMENCEMENT OF APPLICABLE PROCEEDINGS
- 65 Exercise of functions under Part
- 66 Application to commence applicable proceedings
- 67 Material to be lodged in applicable proceedings
- 68 Schedule of earnings
- 69 Fixing of time for applicable proceedings
- 70 Statement of agreed facts and issues in Commission proceedings
- 71 Determination of dispute in Commission proceedings by consent order
PART 8 - CONDUCT OF APPLICABLE PROCEEDINGS GENERALLY
- 72 Exercise of functions under Part
- 73 Guiding principles for applicable proceedings
- 74 Measures to assist parties
- 75 Request that application be expedited
- 76 Discontinuance of proceedings
- 77 Dismissal of proceedings
- 78 Statement of reasons for decision
PART 9 - WORKERS COMPENSATION PROCEEDINGS
Division 9.1 - Commencement of workers compensation proceedings
- 79 Workers compensation proceedings for expedited assessment
- 80 Application to resolve dispute other than for expedited assessment
- 81 Joinder of certain persons for applications concerning death of worker
- 82 Registration of commutation agreements
- 83 Applications for threshold disputes
- 84 Defective pre-filing statement
- 85 Direction for access to information or premises
Division 9.2 - Pre-filing statements and mediation
- 86 Pre-filing statements and pre-filing defences
- 87 Referral for mediation
- 88 Response to application for mediation
- 89 Mediator unable to mediate claim
- 90 Certificate of mediation outcome
Division 9.3 - Persons under legal incapacity
- 91 Proceedings for work injury damages involving party under legal incapacity
PART 10 - MOTOR ACCIDENT PROCEEDINGS
Division 10.1 - Motor accident proceedings under MAC Act
- 92 Application for general assessment of claim
- 93 Application for special assessment of certain disputes
Division 10.2 - Motor accident proceedings under MAI Act
- 94 Application for assessment of claim for damages
- 95 Application for approval of damages settlement
- 96 Application for miscellaneous claims assessment
- 97 Persons under legal incapacity
Division 10.3 - Motor accident proceedings generally
- 98 Application for mandatory exemption from claims assessment
- 99 Consideration of discretionary exemption from claims assessment
- 100 Schedule of damages
- 101 Standing over of motor accident proceedings for assessment of damages
PART 11 - MEDICAL ASSESSMENT PROCEEDINGS
Division 11.1 - Commencement of medical assessment proceedings
- 102 Application for medical assessment of treatment dispute
- 103 Application for medical assessment of permanent impairment dispute
- 104 Application for further medical assessment
- 105 Application for assessment of medical dispute
- 106 Service of applications and replies
Division 11.2 - Conduct of medical assessment proceedings
- 107 Application of Part 5 of PIC Act
- 108 Conduct of medical assessment proceedings
- 109 Surveillance recordings
- 110 Entitlement to support person
- 111 Medical assessment certificate for multiple assessments of permanent impairment
- 112 Correction of incomplete certificate
- 113 Recording of medical assessment proceedings
PART 12 - MERIT REVIEW PROCEEDINGS
- 114 Application of Part 5 of PIC Act
- 115 Application for merit review
- 116 Conduct of merit review proceedings
- 117 Statement of reasons for decision of insurer
- 118 Assessment of legal costs for merit review
PART 13 - APPEALS AND REVIEWS
Division 13.1 - Referral of questions of law to Commission
- 119 Application of Division
- 120 Application by party for workers compensation question of law referral
- 121 Referral on non-presidential member's own motion
Division 13.2 - Workers compensation dispute appeals to Commission
- 122 Application of Division
- 123 Application for workers compensation dispute appeal
- 124 Notice of opposition
- 125 Notice of contention and reply
- 126 Non-compliance with procedural requirements
Division 13.3 - Panel review proceedings
- 127 Application of Part 5 of PIC Act
- 128 Conduct of panel review proceedings
- 129 Applications for appeals and reviews
- 130 Certificate of determination under MAI Act