List the NSW limits on a presidential appeal from a member
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the decision and the record the lawyer names, index the documents and list a candidate point only as an error of fact, law or discretion. Write nothing in the notice of appeal or the grounds.
- What the lawyer must review
- Decide whether to appeal, and write the notice and the grounds. Check ASCR r 9, APP 11 and any notifiable breach.
- Limit the appeal to an error of fact, law or discretion. It is not a review or a new hearing.
- Count 28 days from when the decision is made. Weekly payments are not stayed.
- Verify every citation yourself. Do not use a generative tool to check that a citation exists.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Presidential appeal in the Personal Injury Commission under section 352 of the 1998 Act
Produce. An index of the record and a list of candidate points classed only as fact, law or discretion. No notice and no grounds.
Have ready. Certificate of Determination and its date; Record the lawyer names; Amount of compensation in issue.
Example of the limit. Illustrative example: The Certificate of Determination is dated 1 April. The tool records that date, the two monetary tests, and that weekly payments are not stayed. It does not write a ground.
Stop and hand it back when
- The tool is asked to draft the notice of appeal or the grounds.
- A citation has not been checked by the lawyer.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the decision and the record the lawyer names, index the documents and list a candidate point only as an error of fact, law or discretion. Write nothing in the notice of appeal or the grounds. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Section 352 is an appeal to a presidential member from a decision of a non-presidential member, made by application to the President. It does not proceed unless the President is satisfied the procedural requirements are met. The President need not be satisfied about the substance.
- There is no appeal unless the compensation at issue is both at least $5,000, or another amount prescribed by the regulations, and at least 20 per cent of the amount awarded. An interlocutory decision needs leave. No regulation prescribing another amount was opened.
- The appeal must be made within 28 days after the decision is made, or a longer period allowed under the Commission rules. Procedural Direction WC3 says the decision is made when a Certificate of Determination is issued, time runs from the next day, and the appeal is made when the President registers it.
- The appeal is limited to whether the decision was affected by an error of fact, law or discretion, and to correction of that error. It is not a review or a new hearing. A bare allegation that the member erred, or that the decision is against the weight of the evidence, does not meet the direction.
- The appeal stays the decision, except that weekly payments remain payable. Further evidence needs leave under section 352(6). The tool writes none of the notice, the grounds, or that evidence.
Sources
- Workplace Injury Management and Workers Compensation Act 1998 (NSW) section 352 · 2026-10-23
- Personal Injury Commission Procedural Direction WC3 · 2026-10-23
Procedural Direction WC3 says an out-of-time appeal must give the other parties notice of the extension, make the extension with the appeal, and provide the reasons, the arguments, and the injustice alleged. The rules and the regulation named in the direction were not opened. A Notice of Opposition has its own 28 days from service. Do not use that as the time to appeal. Verify a citation from the record. Do not ask a generative tool whether a case exists.