New South Wales Consolidated Acts

PERSONAL INJURY COMMISSION ACT 2020 - SECT 42

42 Guiding principle to be applied to practice and procedure

(1) The
"guiding principle" for this Act and the Commission rules, in their application to proceedings in the Commission, is to facilitate the just, quick and cost effective resolution of the real issues in the proceedings.

(2) The Commission must seek to give effect to the guiding principle when it--

(a) exercises any power given to it by this Act or the Commission rules, or

(b) interprets any provision of this Act or the Commission rules.

(3) Each of the following persons is under a duty to co-operate with the Commission to give effect to the guiding principle and, for that purpose, to participate in the processes of the Commission and to comply with directions and orders of the Commission--

(a) a party to proceedings in the Commission,

(b) an Australian legal practitioner or other person who is representing a party in proceedings in the Commission.

(4) In addition, the practice and procedure of the Commission should be implemented so as to facilitate the resolution of the issues between the parties in such a way that the cost to the parties and the Commission is proportionate to the importance and complexity of the subject-matter of the proceedings.

(5) However, nothing in this section requires or permits the Commission to exercise any functions that are conferred or imposed on it under enabling legislation in a manner that is inconsistent with the objects or principles for which that legislation provides in relation to the exercise of those functions.