PIC non-attendance
What happens if I miss a PIC conference, hearing or medical assessment?
Contact the Commission and every party immediately, explain what happened and provide evidence
Missing a Personal Injury Commission (PIC) event does not always end a NSW CTP dispute, but it should never be ignored. Contact the Registry immediately, copy the insurer, identify the event and explain why attendance failed. Ask what direction, order or decision was made and what application or evidence is now required. Consequences depend on the type of event, the reason, prior compliance and any direction. For medical assessments, PIC6 states that two failures to attend without reasonable excuse may result in dismissal under section 54(a) of the PIC Act; it does not say that one genuine emergency automatically dismisses the proceeding.
A missed preliminary conference, hearing and medical assessment are not procedurally identical. A Member may give directions, proceed on available material, relist or consider dismissal depending on the proceeding. A Medical Assessor reports non-attendance to the President, and the Commission then controls the next step. The safest response is prompt, factual and supported.
Do not wait for the insurer to act or assume that a telephone message alone is enough. Use Pathway or the Registry channel, keep proof, and send the same communication to all parties. If illness, hospital attendance, a connection failure, an incorrect notice, interpreter problem or another event prevented attendance, preserve objective evidence and explain when the problem became known.
Reviewed by Herman Chan, Stephen Young Lawyers

Missing a conference or hearing
PIC1 requires parties to be available and appropriately prepared for scheduled listings. Section 52(4) of the PIC Act permits an assessment or determination using conveniently available information even if a party does not cooperate or ceases to cooperate. Depending on fairness and the dispute, the Member may continue, give a new direction, decide on the papers, relist or consider whether the application has been abandoned or not prosecuted.
The Commission’s dismissal powers are serious but not automatic. Section 54 allows dismissal for abandonment, a frivolous or misconceived proceeding or another ground in the Rules. Rule 77 includes failure without reasonable excuse to comply with a direction and failure to prosecute with due despatch for motor accident applications. The surrounding history matters.
Ask for the event note, directions or order made in your absence. If the matter proceeded, identify any remaining right to make submissions or any review, reconsideration or judicial-review issue from the applicable legislation. Do not assume a general appeal exists; the available response depends on the decision type.
Missing a medical assessment has a specific PIC6 process
PIC6 requires a person who cannot attend a scheduled medical assessment to notify the President before the examination date. When a claimant does not attend, the Medical Assessor must report that failure to the President in writing within two working days. The assessor does not privately arrange a replacement with the claimant.
PIC6 states that failure to attend on two occasions without reasonable excuse may result in dismissal under section 54(a). The words “may” and “without a reasonable excuse” matter. The Commission considers the explanation and procedural history. A first missed appointment is still costly and can delay an assessment, so the claimant should respond immediately.
Provide a medical certificate, hospital attendance record, travel disruption evidence, screenshot of a failed connection or other proportionate proof. Explain why advance notice was impossible if the problem arose suddenly. Ask whether a new appointment, different assessment method or accessibility arrangement can be considered, but do not assume it will be granted.
A useful response explains the event and proposes a workable next step
State the PIC case number, event date and exact reason for non-attendance. Give a short chronology: when the notice was received, what preparation occurred, when the obstacle arose, attempts to contact the Commission and when notice was ultimately sent. Attach evidence and correct any outdated contact details that contributed to the problem.
If the failure involved technology, identify the device, error, time of attempted login and calls made to the Registry. If language or disability access contributed, request the specific interpreter, support, break or attendance method needed. This helps the Commission distinguish a genuine participation problem from inaction.
Continue complying with other directions. Missing one event does not suspend evidence cutoffs, insurer obligations or separate review periods. If the application has already been dismissed or determined, obtain the written decision and individual advice promptly rather than trying to reopen it through informal emails.
Practical next steps
Respond after a missed PIC event
Act immediately and make the procedural history easy to verify.
Contact the Registry now
Use Pathway, email or the stated Registry channel and copy the insurer or its representative.
Identify the exact event
Provide the case number, date, time, Member or assessor and whether it was remote or in person.
Explain with evidence
Give a concise chronology and attach medical, travel, notice or technology proof.
Ask what was ordered
Obtain any direction, certificate, decision or dismissal made in the absence.
Propose the next arrangement
Request relisting, another assessment method or access support where appropriate, without assuming approval.
Evidence
Non-attendance response checklist
Preserve records created before and immediately after the missed event.
- The listing or appointment notice and proof of when it was received.
- PIC case number and current contact details.
- Medical certificate, hospital note or other emergency evidence.
- Travel cancellation, breakdown or public-transport records where relevant.
- Screenshots, call logs and timestamps for a remote connection failure.
- Interpreter or accessibility correspondence.
- A chronology of attempted attendance and Registry contact.
- Any direction, order, certificate or decision issued after the event.
Common non-attendance mistakes
- Do not assume the Commission will automatically offer another date.
- Do not contact the Member or Medical Assessor privately.
- Do not invent or exaggerate a reason; provide a precise and supported account.
- Do not ignore Pathway, email or later directions after the missed event.
- Do not assume contacting the firm or insurer extends another deadline.
Timing
Urgency matters even where no single reinstatement period applies
The correct response depends on what occurred and whether a decision has already been made.
- Notify the President before a medical assessment if inability to attend is known in advance.
- After an unexpected failure, contact the Registry and other parties immediately.
- A Medical Assessor reports non-attendance within two working days, but that is the assessor’s duty, not extra claimant time.
- Any review or challenge period runs from the applicable decision and must be checked separately.
Frequently asked questions
- Is my PIC application automatically dismissed if I miss one conference?
- No automatic one-event rule applies. The Member considers the event, explanation, directions, available information and procedural history.
- What if I never received the listing notice?
- Tell the Registry immediately, provide evidence of your contact details and how notices were monitored, and ask for the notice and any order made.
- What if the video link did not work?
- Record screenshots and call times, use any backup details and contact the Registry immediately. The Commission decides whether to continue or relist.
- Will a medical certificate guarantee a new appointment?
- No. It is relevant evidence of a reasonable excuse, but the Commission decides the procedural response.
- Can the assessor dismiss my case?
- The assessor reports the missed appointment. The Commission controls dismissal. PIC6 says two unexplained failures may result in dismissal under section 54(a).
- Can the PIC decide without me?
- Section 52(4) allows a decision using conveniently available information despite non-cooperation. Procedural fairness and the particular stream still matter.
Related NSW CTP and PIC guides
Official sources
- Personal Injury Commission Act 2020 (NSW), current in-force version
- Personal Injury Commission Rules 2021 (NSW), current in-force version
- Personal Injury Commission Procedural Direction PIC1: conduct of parties during proceedings
- Personal Injury Commission Procedural Direction PIC6: medical assessments
- Personal Injury Commission Procedural Direction MA7: claims disputes
- Personal Injury Commission Procedural Direction PIC16: self-represented litigants
This page uses the current Motor Accident Injuries Act 2017, Personal Injury Commission Act 2020, Personal Injury Commission Rules 2021, Motor Accident Guidelines version 10.1 and current PIC procedural directions. The correct procedure depends on the dispute stream, the notice issued in the individual proceeding and any direction made by the Commission.
Urgent PIC procedure review
Have you missed a PIC conference, hearing or assessment?
Send the notice, explanation, supporting evidence and any order made. We can help identify the immediate procedural step and any separate review issue.
General information only: This page provides general NSW CTP procedural information, not legal advice. It does not create or extend a deadline, guarantee that the Commission will accept evidence or a request, or predict the result of a dispute.