PIC paper determination
Can the PIC decide a CTP dispute on the papers without a hearing?
Yes, when the Commission considers the written material sufficient for a fair decision
Section 52(3) of the Personal Injury Commission Act 2020 allows the Personal Injury Commission (PIC) to decide a matter without a conference or formal hearing if sufficient information has been supplied. Procedural Direction PIC2 calls this a determination “on the papers”. The Commission considers whether the issues and evidence are complete, whether further submissions or oral evidence are needed, whether a party objects, whether credibility is disputed, the complexity of the matter and whether a self-represented or culturally and linguistically diverse party can present the case effectively in writing.
A papers decision is not an abbreviated or informal outcome. The decision-maker reads the application, reply, evidence and submissions, makes findings and issues the applicable certificate or determination with reasons. The difference is that no conference or oral hearing is held before the decision.
This process can be efficient where the legal issue is clear and the evidence is complete. It can be inappropriate where facts or credibility must be tested, the bundle is confusing, an unrepresented party has not been able to express the case in writing or an oral explanation would be necessary for procedural fairness. The Commission, not either party alone, decides suitability.
Reviewed by Herman Chan, Stephen Young Lawyers

What the Commission considers before using a papers process
PIC2 lists practical factors. The Commission asks whether submissions address all relevant issues, the evidence deals with the dispute, further submissions are required, either party requested a papers decision, an objection has been made, a credit issue exists, the matter is complex or involves only questions of law, and whether the process is appropriate overall.
The decision-maker also considers whether a self-represented party, or a party whose cultural or linguistic background affects written presentation, understands the Commission’s role and has been able to put the case. This does not create an automatic hearing whenever a claimant is unrepresented. It requires a practical assessment of fairness and effective participation.
For motor accident claims disputes, MA7 expressly permits review on the papers as one of several processes. Medical assessment and merit review streams have their own procedural directions and statutory framework, so the event name and notice should be checked before applying claims-assessment assumptions.
The written bundle must answer every real issue
Start with the insurer decision and identify each reason. State the decision requested from PIC and the legal provision that permits it. Prepare a short chronology, indexed evidence and submissions that connect each factual proposition to a page. The decision-maker should not have to infer the case from an unstructured collection of records.
Where medical evidence is relied on, identify diagnosis, causation, relevant clinical findings, treatment request or impairment method rather than merely attaching reports. For PAWE, weekly-payment or liability issues, show the calculation, work-capacity evidence, accident evidence or income records relevant to the insurer’s stated reason.
Address adverse material. If the insurer relies on surveillance, an IME, inconsistent histories or a different calculation, explain the specific point and evidence. A papers process removes the opportunity to repair an omission orally, so completeness and clarity are especially important.
How to request or object to a papers determination
A party can state a view, but PIC decides the process. A request should explain why the issues are narrow, the evidence is complete and no oral testing is required. An objection should identify a concrete fairness reason, such as a material credit issue, disputed oral history, need to question a witness, unresolved expert issue or difficulty presenting the case only in writing.
PIC2 says a party should give reasons for objecting. A bare preference for a hearing may carry little weight. Conversely, an objection should not be used to delay a matter that can fairly be decided from complete records. Offer a proportionate alternative, such as a short telephone conference confined to the unresolved issue.
If the Commission confirms a papers date, comply with every submission and document cutoff. Do not send material directly to the decision-maker. Use Pathway or the Registry process, serve all parties and follow Rule 67C/PIC12 if additional documents are sought after the initiating bundle.
Practical next steps
Prepare a PIC matter for decision on the papers
Make the question, evidence and requested outcome clear without relying on oral explanation.
Define the dispute
List each insurer reason, the applicable PIC stream and the exact decision requested.
Build a concise chronology
Use dates for the accident, claim, decisions, review, treatment, earnings and relevant evidence.
Index the evidence
Remove duplicates and cite page numbers for every important factual proposition.
Address both sides
Explain adverse reports, calculations or factual material rather than ignoring them.
State any process concern
Give a reasoned request or objection before the papers date and propose a proportionate alternative.
Evidence
Papers determination checklist
The bundle should be capable of standing alone.
- The insurer decision and internal-review result, where required.
- The sealed PIC application, reply and current directions.
- A precise issue list and the decision or orders requested.
- A dated chronology tied to the disputed facts.
- An indexed, paginated and non-duplicative evidence bundle.
- Written submissions citing the applicable NSW CTP provisions.
- A response to adverse evidence and any disputed calculation.
- A reasoned request or objection about a papers process.
Common papers-process mistakes
- Do not assume a hearing is always required before a binding decision.
- Do not object without identifying a real fairness or evidence issue.
- Do not rely on the decision-maker to construct the case from raw documents.
- Do not introduce new evidence outside Rule 67C and the applicable directions.
- Do not treat a papers decision as less important than an oral hearing.
Timing
The Commission notice and directions control the papers timetable
There is no single submission cutoff for every PIC dispute.
- Respond by the date stated in the notice proposing or confirming a papers determination.
- Comply with application, reply and submission dates in the current directions.
- Additional-document requests remain subject to Rule 67C and PIC12 cutoffs.
- Any review or challenge period starts under the legislation applying to the resulting decision.
Frequently asked questions
- Does “on the papers” mean the application is only reviewed briefly?
- No. It means the decision is made from the written material without a conference or formal hearing. The decision-maker must still address the applicable issues and reasons.
- Can I insist on a hearing?
- You can object and explain why oral process is needed, but the Commission decides suitability under section 52 and PIC2.
- Can the insurer insist on a papers decision?
- The insurer can request it, but cannot determine the Commission’s process.
- What is a credit issue?
- It is a material dispute about whether evidence or a witness should be believed. If oral testing could affect the result, explain that specifically.
- Can a self-represented claimant have a papers decision?
- Yes. PIC2 requires the Commission to consider whether the person can present the case effectively in writing and understands the Commission’s role.
- Will there still be written reasons?
- The applicable PIC Act, Rules and motor accident legislation require the relevant certificate or determination and reasons. The exact form depends on the dispute stream.
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 PIC2: determination on the papers
- Personal Injury Commission Procedural Direction PIC3: documents
- 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.
Written PIC case review
Has PIC proposed deciding your CTP dispute on the papers?
Send the notice, application, reply, insurer decision and evidence index. We can review whether the written case is complete and whether a process request or objection should be made.
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.