Can I represent myself in a NSW Personal Injury Commission case?

PIC16 applies to a person or party to Commission proceedings who is not represented by a lawyer. In a workers compensation case that will often be the injured worker who has lodged an application, although a self-represented party may also be responding to an application or taking a permitted appeal step. Section 48 of the PIC Act preserves the right to be represented by an Australian legal practitioner or an authorised agent, subject to the statutory provisions.

PIC16 does not replace the Act, Rules or the procedural direction applying to the particular dispute. It sits alongside them. A work capacity dispute, a treatment dispute, a permanent impairment medical assessment and an appeal are not interchangeable. Each has a defined subject matter, evidence requirements and decision-maker.

The direction is also not legal advice. It describes responsibilities and Commission processes. It does not decide whether a worker has a compensable injury, whether the evidence is sufficient or which orders should be sought.

The Commission is a statutory tribunal. It decides facts, identifies the applicable law and determines the dispute within the jurisdiction Parliament has given it. Section 43 says proceedings are to have as little formality and technicality as proper consideration permits, and the Commission is not bound by the rules of evidence. That does not mean evidence, legislation or procedural requirements can be ignored.

In the Workers Compensation Division, the route depends on the issue. The following is an orientation only; the current form, Rules and procedural direction should be checked before filing.

Pathway is the Commission’s digital case-management platform. Workers compensation applications are lodged through the Pathway Portal, and parties use it to upload and download documents, monitor the matter, communicate with the Commission and receive decisions. A self-represented person will need reliable access to a computer and should seek Registry assistance early if registration or digital filing is a barrier.

The Commission can arrange an interpreter without charge. The need and language should be identified as early as possible. An interpreter enables communication; they are not a legal adviser and cannot prepare the case. A person who is deaf, hard of hearing, has a speech impairment, has a disability or otherwise needs participation support should tell the Commission before the conference, hearing or medical assessment so arrangements can be considered.

The Commission does not charge a party for its dispute-resolution services or a Commission medical assessment. That does not mean the Commission pays for privately obtained reports or other assistance.

Attendance remains the party’s responsibility. If a worker cannot attend a listing or medical assessment, they should contact the Commission promptly, explain the reason and follow any direction about supporting information. An unexplained failure to attend can delay the proceeding. Repeated non-attendance or a failure to prosecute the case may expose the application to dismissal.

More documents do not necessarily make a stronger case. The material should answer the real issue and be easy to locate. Rule 67A generally requires relied-on documents to accompany the application or reply. Rule 67B imposes a 500-page limit for specified initiating bundles, subject to exceptions. Rule 67C andPIC12 regulate additional documents.

Do not hold back a key report on the assumption it can be filed later. Additional material may require an application, consent or leave, must meet the applicable timing rule and may be refused if it does not assist the just, quick and cost-effective resolution of the real issues. A Commission order for a particular matter may also set a different or more specific deadline that must be followed.

PIC16 directs self-represented parties to the AI provisions in the Rules and PIC13, which commenced on 1 January 2026. The restrictions differ according to what the document or tool is doing.

Witness statements: rule 33A prohibits generative AI from generating the content of a written statement, including using it to draft, produce, alter, embellish, strengthen, dilute or rephrase a person’s evidence. A statement should record the witness’s own knowledge. The rule also requires the specified disclosure about AI use, and separately regulates an annexure or exhibit created for the proceeding. A breach can affect whether or how the material is considered.

Expert reports: rule 33B requires an expert report to state whether generative AI was used. Where it was used, the report must contain the prescribed disclosures, including what was generated, the program and version, the date, and an attached record of prompts, script or data. A party instructing an expert should draw PIC13 and the applicable expert evidence requirements to the expert’s attention.

Written submissions: if generative AI is used to prepare submissions, rule 133C and PIC13 require the author to verify that citations, legal authorities, cases and legislative references exist, are accurate and are relevant. References to evidence must also be checked. PIC13 says that this verification must not be performed using a generative AI tool.

During proceedings: rule 133B and PIC13 prohibit a party from joining or using AI technology during an in-person or virtual Commission proceeding. PIC13 explains that this includes AI assistants, transcription, translation, recording and similar tools. A party who needs interpreting or accessibility support should arrange it through the Commission rather than connecting an unauthorised AI service.

Confidential medical, employment or compelled material should not be placed into a public AI system. Apart from privacy and confidentiality risks, an AI system may invent a case, quote a superseded section or apply law from the wrong jurisdiction.

PIC1 and PIC16 require parties to communicate honestly, courteously and efficiently. A worker may strongly disagree with an insurer while still using restrained language, answering the issue and complying with the process. Threats, abuse, discriminatory conduct or attempts to use the Commission to punish another person are inconsistent with those obligations.

Correspondence about the case should include the other parties or their representatives. A party must not seek private contact with the allocated Member. Repeated emails advancing the same argument are unlikely to improve the evidence and may obstruct case management. The proper place for disputed submissions is the document or listing directed by the Commission.

The insurer’s lawyer acts for the insurer. That lawyer cannot give the worker independent legal advice, assess the worker’s prospects or prepare the worker’s case. Information given to the lawyer may be passed to the insurer. This is not misconduct; it is part of the lawyer’s duty to their own client.

Section 54 of the PIC Act allows the Commission to dismiss proceedings that have been abandoned, are frivolous or vexatious, or are otherwise misconceived or lacking in substance. Rule 77 adds, for an application under workers compensation legislation, failure by the applicant to prosecute the proceeding with due dispatch. Dismissal is a legal power applied to the circumstances; it is not the automatic result of every mistake.

PIC16 warns that non-compliance with Rules, procedural directions or Commission directions may lead to a direction to comply or, in an appropriate case, dismissal. Aggressive or threatening conduct may impede the proceeding and may also expose it to dismissal. Missing a conference, hearing or medical assessment without prompt notice and a valid explanation can create delay and, particularly if repeated, more serious consequences.

If compliance is genuinely impossible, silence is usually the worst response. A party should raise the problem promptly, explain it accurately, notify the other parties and make the procedural request permitted by the Rules. The Commission, not the party, decides whether an extension, exemption, adjournment or other direction is appropriate.