---
title: "Diary the New South Wales decision, pre-filing and mediation times"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/diary-the-time-to-answer-a-work-injury-damages-claim/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WD20261023-4-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Diary the New South Wales decision, pre-filing and mediation times

> In the firm-controlled tool, list each SIRA and Commission time from the dates on the file, and the date it falls due. Do not decide that a step is out of time.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/diary-the-time-to-answer-a-work-injury-damages-claim/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | In the firm-controlled tool, list each SIRA and Commission time from the dates on the file, and the date it falls due. Do not decide that a step is out of time. |
| What the lawyer must review | Decide which clock applies, and what event starts it. Do not refer the claim to mediation before 28 days. Do not add a six-month wait the opened pages do not state. Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply. |
| Written for | New South Wales |
| Applies to | [Diary the time to answer a work injury damages claim](https://ailawframework.com/practice/personal-injury-and-compensation/diary-the-time-to-answer-a-work-injury-damages-claim.md) |

## Checking plan

**Verify against sources**

Determine the claim by the later of one month after impairment is fully ascertainable, or two months after the particulars.

- What the AI does: In the firm-controlled tool, list each SIRA and Commission time from the dates on the file, and the date it falls due. Do not decide that a step is out of time.
- What the lawyer does: The lawyer decides which New South Wales time applies to the damages claim.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Determine the claim by the later of one month after impairment is fully ascertainable, or two months after the particulars.
2. If more information is requested, count the two months from the information or the examination, and check the request was within two weeks.
3. Count 7 days to challenge a defective pre-filing statement, 28 days for the insurer's response, and 28 days before a mediation referral.
4. If there is no response within 42 days, record that proceedings may be started without mediation.

## Notes

- The SIRA guide says the insurer determines the damages claim by the later of one month after the degree of permanent impairment is fully ascertainable, or two months after the worker gives all relevant particulars. If more information is needed, the insurer asks within two weeks, and the two months then run from the information or the examination. A pre-filing statement said to be defective is challenged within 7 days. The insurer responds to the pre-filing statement within 28 days. Procedural Direction WC4 says the claim is not referred to mediation until at least 28 days after the pre-filing statement is served, and that the claimant need not refer it if the defendant has not responded within 42 days. A six-month waiting period appears in a 2023 comparison table and was not on the SIRA pages opened. It is not added.
- Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: New South Wales: the insurer's decision times, the pre-filing response, and the mediation referral under Procedural Direction WC4

**Deliverable**: A diary of the New South Wales decision, defect, response and mediation dates.

**Inputs**

- Date the particulars were given
- Date impairment was fully ascertainable
- Pre-filing service date

**Example**: Illustrative example: The pre-filing statement was served 20 days ago and the insurer has not responded. The tool does not mark the claim as ready for mediation. The lawyer waits for day 28.

**Stop and escalate when**

- The event that starts the two-month period is not identified.
- The tool has added a six-month wait.

Checked 2026-10-23.

## Sources

- [SIRA workers compensation claims guide: Work injury damages](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/understanding-the-claims-journey/work-injury-damages-and-recoveries/work-injury-damages) (checked 2026-10-23)
- [Personal Injury Commission: Procedural Direction WC4](https://www.pi.nsw.gov.au/resources/procedural-directions/procedural-direction-wc4-work-injury-damages) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*