New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 347

347 Regulations for costs assessment

(1) The regulations may make provision for or with respect to--

(a) the assessment or taxation of costs payable to a legal practitioner or agent in connection with a claim for compensation or work injury damages, and

(b) matters associated with the assessment or taxation of those costs.

(2) In particular, the regulations may make provision for or with respect to any matter for or in connection with which provision is made by the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 ).

(3) Regulations for the purposes of this Division may adopt, with or without modification, any of the provisions of the legal costs legislation.

(4) Without limiting this section (but subject to the Personal Injury Commission Act 2020 and the Commission rules), the regulations may make provision for or with respect to--

(a) the assessment of costs by the Commission, and

(b) appeals to the Commission against the assessments of costs by the Commission.

Note : Clause 5 of Schedule 3 to the Personal Injury Commission Act 2020 provides for the Commission to be constituted by 1 non-presidential member assigned to the Workers Compensation Division of the Commission when dealing with costs assessments under the regulations. The clause also provides that the Commission is to be constituted by a presidential member of the Division when dealing with appeals against costs assessments.

(5) The regulations may make such modifications to the provisions of the legal costs legislation as may be consequential on the assessment or taxation of costs payable to a legal practitioner being provided for by the regulations under this Division rather than under the legal costs legislation.