Personal Injury Commission Regulation 2020 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Personal Injury Commission Regulation 2020.

2Commencement

This Regulation commences on the establishment day and is required to be published on the NSW legislation website.

3Definition

In this Regulation—

the Act means the Personal Injury Commission Act 2020.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Part 2Medical assessors, merit reviewers and mediators4Definition

In this Part—

decision-maker has the same meaning as in Division 4.1 of the Act.

5Appointment of decision-makers and mediators(1)

For the purposes of sections 33(1) and 39(1) of the Act, the President may, by written instrument given to a person, appoint the person as a decision-maker or mediator.

(2)

The instrument of appointment must include the following information—

• (a)

  the term for which the person has been appointed,

• (b)

  the type of appointment, including whether the person is appointed on a full-time basis or some other basis,

• (c)

  for the appointment of a person as a medical assessor, whether the person is appointed for the purposes of—

  • (i)

    the Workplace Injury Management and Workers Compensation Act 1998, or

  • (ii)

    the Motor Accident Injuries Act 2017, or

  • (iii)

    the Motor Accidents Compensation Act 1999, or

  • (iv)

    any combination of the Acts referred to in subparagraphs (i)–(iii),

• (d)

  for the appointment of a person as a medical assessor, whether the person is appointed as a senior medical assessor,

• (e)

  the restrictions of the appointment, if any.

(3)

A decision-maker holds office for the period specified by the President in the instrument of appointment of the decision-maker, unless sooner removed from office.

Note—

Section 39(4) of the Act provides for the period in which a mediator may hold office.

6Criteria for appointment of medical assessors

For the purposes of section 65(2)(a) of the Act, a person is eligible for appointment as a medical assessor if the person is—

• (a)

  a registered health practitioner or a medical practitioner within the meaning of the Health Practitioner Regulation National Law (NSW), but only if the practitioner does not have a condition imposed against the practitioner’s registration as a result of disciplinary proceedings under that Law, and

• (b)

  a member of an Australian or Australasian medical college, faculty or other Australian or Australasian health profession body, and

• (c)

  in the opinion of the President, suitably qualified and has the necessary skills and expertise to exercise the functions of a medical assessor in relation to the Act or the enabling legislation.

7Criteria for appointment of mediators

For the purposes of sections 65(2)(a) of the Act, a person is eligible for appointment as a mediator if, in addition to the requirements referred to in section 39(2)(a) of the Act, the person is an accredited mediator under the National Mediator Accreditation System.

Note—

Section 39 of the Act sets out other requirements for the appointment of persons as mediators, including the circumstances in which a person is qualified to be appointed as a mediator.

Part 3Federal proceedingsDivision 1Preliminary8Interpretation(1)

Words and expressions used in this Part have the same meaning as in Division 3.2 of the Act.

(2)

To avoid doubt, this Part does not limit the application of the enabling legislation to substituted proceedings unless otherwise modified by this Part.

Division 2Modifications in connection with substituted proceedings9Application of Division

For the purposes of sections 28(1)(e) and 29 of the Act, this Division sets out the fees and costs payable and other modifications in connection with substituted proceedings.

Note—

The enabling legislation, including regulations made under the enabling legislation, further provides for fees and costs in connection with substituted proceedings.

10Modification of certain pre-conditions before commencement of proceedings

Section 108 of the Motor Accidents Compensation Act 1999 and section 6.31 of the Motor Accident Injuries Act 2017 do not apply to compensation matter applications or substituted proceedings.

11Costs payable in relation to claims for statutory benefits(1)

Part 8 of the Motor Accident Injuries Act 2017, including regulations made under that Part, applies to substituted proceedings involving a claim for statutory benefits to which the Motor Accident Injuries Act 2017 applies, except as otherwise modified by this clause.

Note—

Part 8 of the Motor Accident Injuries Act 2017, among other things, provides that an insurer is not entitled to recover from a claimant for statutory benefits any costs of the insurer in relation to the claim.

(2)

The maximum costs set out in Schedule 1 of the Motor Accident Injuries Regulation 2017 do not apply in relation to substituted proceedings to which this clause applies.

(3)

Despite section 8.3(4) of the Motor Accident Injuries Act 2017, an Australian legal practitioner is entitled to be paid or recover legal costs for legal services provided to a claimant in connection with claim for statutory benefits only if—

• (a)

  the costs are payable on a party and party basis, and

• (b)

  the District Court orders payment of the costs.

12Costs payable in relation to motor accidents claims for damages(1)

Part 8 of the Motor Accident Injuries Act 2017, including regulations made under that Part, applies to substituted proceedings involving a claim for damages to which the Motor Accident Injuries Act 2017 applies, except as otherwise modified by this clause.

(2)

The maximum costs set out in Schedule 1 of the Motor Accident Injuries Regulation 2017 do not apply in relation to substituted proceedings to which this clause applies.

13Costs payable in relation to claims for other motor accidents claims for damages(1)

Chapter 6 of the Motor Accidents Compensation Act 1999, including regulations made under that Chapter, applies to substituted proceedings involving a claim for damages to which that Act applies, except as otherwise modified by this clause.

(2)

The maximum costs set out in Schedule 1 of the Motor Accidents Compensation Regulation 2020 do not apply in relation to substituted proceedings to which this clause applies.

Part 4Miscellaneous14Definition of “relevant Commission officer”

For the purposes of paragraph (e) of the definition of relevant Commission officer in section 5(1) of the Act, a member of staff of the Commission who, at the direction of the President, exercises a function of the Commission under Schedule 3, clause 9 of the Act is prescribed.

15Repeal of Schedule

Schedule 1 to this Regulation is repealed on the day after the establishment day.

Schedule 1

(Repealed)

sch 1: Rep 2020 (746), cl 15.

Historical notesTable of amending instruments

Personal Injury Commission Regulation 2020 (746). LW 18.12.2020. Date of commencement, 1.3.2021, cl 2. This Regulation has been amended by cl 15 of this Regulation.

Table of amendments

Sch 1 Rep 2020 (746), cl 15.