Count an NSW appeal from a medical assessment certificate
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the certificate and the date it bears, list the percentage and the section 327 grounds, and state that the 28-day period applies to incorrect criteria or a demonstrable error. Do not draft the appeal.
- What the lawyer must review
- Decide whether to appeal, and only on a ground in section 327. Do not draft the appeal.
- The 28-day period is for incorrect criteria or a demonstrable error, not for every ground.
- Do not treat the certificate as a new hearing of the whole dispute.
- Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Personal Injury Commission appeal against a medical assessment under section 327 of the 1998 Act
Produce. A note of the percentage, the certificate date, the grounds, and which grounds carry the 28-day period.
Have ready. Medical assessment certificate; Date on the certificate; Ground the lawyer is considering.
Example of the limit. Illustrative example: The certificate is dated 2 March and the only ground being considered is a demonstrable error. The tool records that date and that section 327(5) gives 28 days after the medical assessment unless the President increases it. It does not complete Form 10.
Stop and hand it back when
- The tool is asked to draft the appeal, or to treat every ground as having the same 28-day period.
- The dispute has already been determined, or a permanent impairment agreement is on the file.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the certificate and the date it bears, list the percentage and the section 327 grounds, and state that the 28-day period applies to incorrect criteria or a demonstrable error. Do not draft the appeal. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- A party may appeal a medical assessment only on a matter the certificate conclusively presumes correct, and only on the section 327(3) grounds: unexpected and material deterioration, additional relevant information that was not available and could not reasonably have been obtained before the assessment, incorrect criteria, or a demonstrable error.
- Deterioration under section 327(3)(a) requires that there was no reasonable cause to expect it, and an increase of at least a further 10 percentage points. Age-related deterioration is not counted. The section's example moves an assessment of 25 per cent to at least 35 per cent. Do not use that example as this worker's figure.
- Section 327(5) requires an appeal on incorrect criteria or a demonstrable error within 28 days after the medical assessment, unless the President is satisfied that special circumstances justify a longer period. The Act does not set that 28-day period for the other two grounds.
- The appeal does not proceed unless the President is satisfied, on the face of the application and submissions, that at least one ground has been made out. There is no appeal once a court or the Commission has determined the dispute, or the dispute is the subject of a permanent impairment agreement.
- The Commission page says an appeal is lodged within 28 days of the certificate being issued, and that the panel may confirm the certificate or issue a new one. Where that page and section 327 differ, follow the Act.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Material for a Victorian WorkSafe Medical Panel | Letter | AI use Yellow | Index and statutory questions for a Medical Panel under the Workplace Injury Rehabilitation and Compensation Act 2013, for an impairment dispute or a court referral. |
| Material for a Queensland Medical Assessment Tribunal | Letter | AI use Yellow | Worker's index of documents for an insurer's referral to a Medical Assessment Tribunal, with the exchange times and the permanent-impairment questions the Act states. |
| Index for a NSW Personal Injury Commission medical assessment | Letter | AI use Yellow | Working index and list of matters for a Personal Injury Commission medical assessment, in the workers compensation or motor accidents division, not a letter to the assessor. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Workplace Injury Management and Workers Compensation Act 1998 (NSW) section 327 · 2026-10-23
- Personal Injury Commission: workers compensation medical disputes · 2026-10-23
The Commission page says its workers compensation information is being updated. Section 329 is named as an alternative referral and was not opened. Do not complete Form 10. Do not calculate a last day while the start of the 28 days, or special circumstances, is still for the lawyer.