Commins v President, Personal Injury Commission of NSW [2021] NSWCATAD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commins v President, Personal Injury Commission of NSW [2021] NSWCATAD 138 Hearing dates: On the papers Date of orders: 26 May 2021 Decision date: 26 May 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, a hearing is dispensed with; (2) Pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 the application for review of a claim assessment made on 26 June 2008 is dismissed. Catchwords: PRACTICE AND PROCEDURE – application for review of assessment of motor accident claim – whether Tribunal has jurisdiction – summary dismissal Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Motor Accidents Compensation Act 1999 Personal Injury Commission Act 2020 Cases Cited: None cited Category: Procedural rulings Parties: Scott Commins (Applicant) President, Personal Injury Commission of NSW (Respondent) Representation: Applicant (Self Represented) S Flores-Walsh (Respondent) File Number(s): 2021/00033322 Publication restriction: No

REASONS FOR DECISION 1. On 29 January 2021 Scott Commins applied to the Tribunal for review of an assessment made on 26 June 2008 in relation to a claim for compensation for injuries sustained in a motor vehicle accident on 25 January 2004. 2. Mr Commins provided a copy of the assessment made by the Claims Assessment and Resolution Service, Motor Accidents Authority, of damages payable in respect of his claim, and the reasons for that decision, together with a detailed statement as to the grounds on which he disputed the assessment. 3. Mr Commins stated that he is seeking a review because the assessment did not cover damage to spine discs in his neck and lower spine, which would have taken it over the whole person impairment threshold, or wages that he had earned at times or sponsorship packages, both of which he had provided information on. 4. Mr Commins explained that his application to the Tribunal was late because he had attempted to have the claim revisited. He had contacted his local member, the Department of Fair Trading, the NSW Ombudsman's office, the Supreme Court, and the Police Commissioner, and had been told either they had no power to act or that the matter was without errors. Eventually Fair Trading advised of the Tribunal, and in November 2020 he got through to the Tribunal and forms were sent. 5. In his application to the Tribunal Mr Commins named as the respondent agency the Motor Accidents Authority of NSW. At a directions hearing on 16 March 2021, the Director Legal and Policy Directorate of the Personal Injury Commission advised the Tribunal that the State Insurance Regulatory Authority (SIRA) had taken over from the Motor Accidents Authority (MAA) on 1 September 2015, and that on 1 March 2021 some of the former MAA functions were transferred from SIRA to the Personal Injury Commission by operation of the Personal Injury Commission Act 2020. The Personal Injury Commission is the current successor organisation of the MAA. 6. On 26 March 2021 the respondent lodged an application for an order under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (the NCAT Act) to dismiss the proceeding, on the ground that the Tribunal does not have power to review the assessment made in 2008 under the Motor Accidents Compensation Act 1999 (the MAC Act), providing submissions in support of that position. 7. The applicant provided submissions in response on 6 April 2021, in which he disputes that there is power to dismiss his application for administrative review. 8. The issue is whether the Tribunal has power to review the MAA's assessment of 26 June 2008.