Personal Injury Commission Regulation 2020

This Regulation is the Personal Injury Commission Regulation 2020.

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

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.

In this Part—

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

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.

The instrument of appointment must include the following information—

the term for which the person has been appointed,

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

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

the Workplace Injury Management and Workers Compensation Act 1998, or

the Motor Accident Injuries Act 2017, or

the Motor Accidents Compensation Act 1999, or

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

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

the restrictions of the appointment, if any.

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.

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 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

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

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.

For the Act, section 39(2)(b), a person is eligible for appointment as a mediator if the person is an accredited mediator under one or both of the following schemes—

the Australian Mediator and Dispute Resolution Accreditation Standards,

the Law Society of New South Wales Lawyer Mediator Accreditation Scheme.

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

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

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.

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.

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.

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.

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—

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

the District Court orders payment of the costs.

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.

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.