Can I bring a support person to a PIC conference or medical assessment?

The Access Charter recognises that an injured claimant may need physical or emotional support from a carer or family member during a dispute event. For an in-person hearing, the support person must comply with the protocols in Procedural Direction PIC10. For a remote event, the Commission should know who is in the room and the person must not compromise privacy or the orderly conduct of the proceeding.

A support person should normally listen, help the claimant remain settled, assist with practical needs and alert the representative or Commission if a break is required. They should not interrupt, coach answers, communicate privately with a witness who is giving evidence or speak for the claimant unless the Member permits it.

If the proposed person also witnessed the accident or another disputed event, disclose that fact. Their role as a potential witness may need to be separated from their support role. If language assistance is required, ask the Commission for an interpreter rather than relying on a family member to translate legal or medical questions.

Rule 110 and PIC6 distinguish a person under legal incapacity from other claimants. For a person under legal incapacity, a carer, legal guardian, tutor, next friend, other support person or personal representative may be present. Other claimants need the Medical Assessor to consider attendance reasonable in the circumstances.

Even when permitted, the support person cannot answer the assessor’s questions unless invited. The assessor must obtain the claimant’s history and examine function independently. The assessor may ask the support person to withdraw if behaviour interferes with the examination. A legal or union representative and the claimant’s treating medical or health practitioner cannot act as the support person at the assessment.

A useful request explains the need without trying to control the examination: for example, mobility assistance, cognitive support, trauma-related distress, communication difficulty or help managing a child or person under legal incapacity. The request should identify any relationship to the claimant and confirm that the person understands the limits of the role.

The Commission provides interpreters free of charge during formal proceedings when requested. An interpreter translates accurately and neutrally; a support person provides personal support. Combining those roles can create omissions, advocacy and uncertainty about who supplied an answer. Request the required language and dialect as early as possible.

A lawyer advises on the dispute, evidence and procedure. An insurer’s lawyer acts only for the insurer. A support person cannot be expected to identify the correct legal test, preserve a deadline or make submissions. If legal representation is required, arrange it separately and notify the Commission in accordance with its procedures.

Accessibility support can involve more than another person. Tell the Commission if hearing technology, wheelchair access, breaks, an online arrangement or another accommodation is required. The Access Charter asks users to identify these needs in advance so practical arrangements can be considered.