Statutory Review of the Personal Injury Commission released
31 August 2023
The NSW Personal Injury Commission (the ‘Commission’) was established by the Personal Injury Commission Act 2020 (the ‘PIC Act’) to resolve claim disputes in the workers compensation and motor accident schemes.
The legislation requires the Minister to conduct a review of the Commission two years after commencement and then again seven years after commencement. The review, led by SIRA was to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review was done in consultation with key stakeholders and an expert Advisory Committee chaired by the Hon. Greg Keating and attended by by Nancy Milne OAM, Professor Tania Sourdin and Elizabeth Welsh.
Eight submissions were received from key stakeholders, and they were supplemented by qualitative research to capture the experiences of Commission users.
The review found that generally, the objects and terms of the PIC Act remain appropriate to achieve its policy objectives. The review’s report has two recommendations which relate to establishment of a fit for purpose legislative framework for the Independent Review Office (IRO), and issues of delay and the dispute resolution model in the motor accident scheme.
The report also has three suggestions for consideration by the Commission to address issues which were outside the review’s scope but may provide opportunities for enhanced operations and transparency, and improved engagement with stakeholders and injured people.