New South Wales Consolidated Acts

PERSONAL INJURY COMMISSION ACT 2020 - SECT 27

27 Proceedings after leave granted

(1) If the District Court grants leave for a compensation matter application to be made to it instead of the President or Commission--

(a) proceedings for the determination of the application (
"substituted proceedings" ) are taken to have been commenced in the Court on the day on which the application was first made, and

(b) the Court may make such orders (including in relation to the usual decision-maker) as it considers appropriate to facilitate its determination of the application.

(2) Subsection (1) applies despite any limitation period under the Limitation Act 1969 or any enabling legislation that applies to the application concerned provided it was first lodged for exercise by the usual decision-maker before the expiry of the period.

(3) The District Court has, and may exercise, all of the jurisdiction and functions in relation to the substituted proceedings that the usual decision-maker would have had if they could exercise federal jurisdiction, including jurisdiction and functions conferred or imposed by or under this Act, enabling legislation or any other legislation.

(4) Without limiting subsection (3), the District Court may--

(a) order that a medical assessment or merit review required by or under enabling legislation (or a review or appeal against the assessment or merit review) be carried out for the Court by a medical assessor, merit reviewer or panel specified by the Court, and

(b) make any other orders it thinks fit to facilitate the carrying out of the medical assessment, merit review or the review or appeal before the panel (including with respect to the issuing of certificates), and

(c) adopt (whether with or without variation), or refuse to adopt, the decision of the medical assessor, merit reviewer or panel as the Court sees fit.

(5) A decision adopted by the Court (whether with or without variation) has effect as a decision of the Court in respect of the matter concerned.

(6) This section has effect subject to the provisions specified by section 28.