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PERSONAL INJURY COMMISSION RULES 2021

- Made under the Personal Injury Commission Act 2020 - As at 10 February 2023 - Reg 34 of 2021

Table of Provisions

PART 1 - INTRODUCTION

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

  • 16 Approval of forms
  • 17 Form and content of documents
  • 18 Language of 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

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

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

PART 14 - MISCELLANEOUS

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