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NSW CTP Claim
NSW CTP

Additional documents in PIC proceedings

Can I submit new evidence after lodging a PIC application?

Sometimes, but use the additional-documents process promptly

A party should lodge relevant evidence with the application or reply. If genuinely new material becomes available later, Rule 67C and Procedural Direction PIC12 generally require an Application for Additional Documents. It may be used on one occasion only: no later than 14 days before a medical assessment, or no later than three working days before a conference or hearing in other applicable proceedings. Consent can permit automatic introduction in a qualifying medical matter; otherwise leave is required. No additional document can be introduced for a medical assessment after that assessment has taken place. These rules make early, organised evidence preparation important.

New evidence can mean a later treating report, updated imaging, recently obtained records, a wage schedule correction or a document that could not reasonably be obtained earlier. It does not mean repackaging material already lodged, adding every new clinical note, or using a second bundle to repair an unfocused first application without explaining why the material matters.

The correct response depends on whether the case is a medical assessment, merit review, claims assessment or another PIC proceeding. The document should address a real issue and be served on the other party. A claimant should not send it directly to the Member, Medical Assessor or Merit Reviewer.

Reviewed by Herman Chan, Stephen Young Lawyers

Indexed NSW CTP evidence bundle with a separately dated new medical report prepared for a PIC application.
New evidence should be relevant, explained and lodged through Rule 67C rather than sent directly to the decision-maker.

What evidence should have been lodged initially?

PIC3 and MA7 require early exchange. Supporting documents should be relevant, indexed, sorted by category, paginated, legible and free of duplicates. A document already in the other party bundle can be referenced by its location instead of copied. Motor accident weekly-payment disputes may require a schedule of earnings, and damages matters may require a schedule of damages.

The 500-page limit applies to specified initiating applications and replies, subject to the Rules. Volume is not a substitute for relevance. The application should connect each insurer reason with the evidence that answers it. A short, dated specialist report that addresses the disputed question can be more useful than hundreds of unindexed clinical pages.

Documents in another language require an English translation and the approved translator declaration under PIC3. A claimant may still use an interpreter during a listing, but that does not replace translation of documentary evidence.

How does the additional-documents process work?

Procedural Direction PIC12 says an Application for Additional Documents may be lodged and served on one occasion only. The application should identify each document, when it became available, why it was not in the original bundle, which issue it addresses and why its introduction is necessary for a just, quick and cost-effective resolution. Quoting the rule without applying it to the document is not enough.

For medical assessment proceedings, documents lodged in the approved form at least 14 days before the assessment can be introduced automatically if every other party gives written consent and the Rules are otherwise satisfied. Without consent or automatic introduction, an appropriate decision-maker considers leave. In other applicable proceedings, leave is determined at the next conference or hearing and the other party can respond.

The timing rules are outer limits, not targets. Serve the document as soon as practicable. Waiting until the last day can create fairness, translation, expert-response or adjournment problems and may reduce the chance that the evidence is considered efficiently.

What if the new evidence arrives after a medical assessment?

PIC12 expressly says an additional document must not be introduced for the purpose of a medical assessment after the assessment has taken place. Do not email a post-assessment report to the assessor. The medical certificate must first be issued through the Commission process.

Later evidence may be relevant to an incomplete-certificate request, medical review, correction of obvious error or further medical assessment, but those are different procedures with separate statutory tests. A further assessment under section 7.24 requires deterioration or additional relevant information capable of materially affecting the earlier assessment; it is not simply a late-document route.

If the new evidence concerns a separate live issue, identify that issue and ask the Commission how it should be dealt with. Do not assume it can change a completed assessment or that lodging it restarts a review period.

Practical next steps

Lodge new PIC evidence correctly

Explain relevance, timing and why the document is genuinely additional.

  1. Identify the proceeding

    Confirm whether it is medical, merit, claims assessment or another PIC stream.

  2. Check whether it is truly new

    Remove duplicates and record when the document was obtained.

  3. Link it to a real issue

    State which insurer reason or disputed fact the document answers.

  4. Use the approved application

    Address Rule 67C, serve every party and seek consent or leave where required.

  5. Meet the correct cutoff

    Act well before the 14-day or three-working-day outer limit.

Evidence

Additional-document application checklist

The application should allow the Commission and other party to understand the request quickly.

  • The sealed PIC application, reply and current directions.
  • An updated index showing the proposed new documents.
  • The date each document was requested and received.
  • An explanation for why it was unavailable earlier.
  • Submissions identifying the real issue addressed.
  • Written consent from other parties, if obtained.
  • Proof of service on every party.
  • A compliant English translation where required.

Common additional-evidence mistakes

  • Do not send evidence directly to the decision-maker or Medical Assessor.
  • Do not duplicate documents already in the indexed bundle.
  • Do not assume the 500-page limit gives a right to lodge a second 500 pages.
  • Do not save the one permitted application for routine material that adds nothing.
  • Do not try to add medical-assessment evidence after the examination has occurred.

Timing

Additional evidence has strict procedural cutoffs

Earlier service is safer than relying on the last available day.

  • Serve additional documents as soon as practicable.
  • For medical assessment proceedings, apply no later than 14 days before the assessment.
  • For other applicable proceedings, apply no later than three working days before the conference or hearing.
  • An additional document cannot be introduced for a medical assessment after the assessment has taken place.

Frequently asked questions

Can I email a new report to the Medical Assessor?
No. Communications and additional material must go through the Commission process and be served as required.
Can I make more than one additional-documents application?
Rule 67C/PIC12 generally permits the application on one occasion only, so choose and organise the material carefully.
Does the insurer have to consent?
Consent can permit automatic introduction in a qualifying medical matter. Otherwise an appropriate decision-maker can determine leave.
What if the report is issued the day before the conference?
Notify the Commission and other party immediately, explain the timing and seek directions. Acceptance is not automatic.
Can a later scan reopen a completed medical assessment?
Not automatically. Review, correction, incomplete certificate and further assessment have different statutory tests.
Should I include every new treatment note?
Only material relevant to the real issues should be lodged. Routine or duplicate notes can obscure the evidence that matters.

Related NSW CTP and PIC guides

Official sources

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.

PIC evidence review

Has important evidence arrived after your PIC filing?

Send the current directions, original bundle and new document. We can identify relevance, the applicable cutoff and the correct application for leave.

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.