On 11 August 2020, the Personal Injury Commission Act 2020 (NSW) (the Act) received Royal Assent after it passed both houses of the New South Wales Parliament.

The purpose of the Act is to create a single dispute resolution body for the resolution of personal injury disputes involving claims for workers compensation and motor accidents. In creating a single body, the Act will abolish the following entities:

  1. Dispute Resolution Service (DRS).
  2. Motor Accidents Medical Assessment Service (MAS).
  3. Motor Accidents Claims Assessment and Resolution Service (CARS).
  4. Workers Compensation Commission (WCC).

The Act creates a new entity, the Personal Injury Commission (PIC), which has an expanded jurisdiction to accommodate both workers compensation and motor accident claims. There will be two divisions, the Workers Compensation Division and the Motor Accidents Division, under the one common Registry.

Consequently, PIC will act as a “one stop shop” for persons who have injured themselves at work or in a motor vehicle accident.

The Act also provides for the committee of the Legislative Council to enquire into and report on whether government funding, also referred to as ILARS, should be extended to persons injured in a motor vehicle accident to which the Motor Accident Injuries Act 2017 applies. In other words, the Legislative Council is to consider whether financial assistance should be provided to persons injured in motor vehicle accidents to investigate their claims.

The Act will come into effect on 1 March 2021.

Key takeaways
  • The Act has created a new entity, the Personal Injury Commission (PIC), which deals with both workers compensation and motor vehicle accident claims.
  • A number of entities, including the Workers Compensation Commission and Motor Accidents Medical Assessment service, have been abolished.
  • Consideration will also be given to whether government funding should be extended to persons injured in motor vehicle accidents.

Written By Amy Gilford.

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