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ARTICLE · 16 JULY 2025

The commission has no power to pre-approve treatment

Recent case confirms that the Commission has no power to, effectively, provide pre-approval for a future treatment regime.

AustraliaLitigation, Mediation & Arbitration

In Brief

  • The Personal Injury Commission does not have jurisdiction to assess claims for past treatment – including past travel – if the Claimant has not first sought Internal Review of the dispute.
  • The Personal Injury Commission does not have jurisdiction to assess claims for future treatment, including claims for future travel.

Facts

The PIC published its decisions in Lieberman v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 310 on 11 July 2025.

The Claimant was injured in a motor accident on 9 August 2022.

She subsequently made a request, under section 3.24(1)(b) of the Motor Accident Injuries Act 2017 (MAIA), that the insurer pay her "ongoing transport assistance to and from treatment providers" by private car rather than by public transport.

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