ILARS funding for applications under rule 132 of the Personal Injury Commission Rules

The Independent Review Office (IRO) has been asked to clarify our approach to Independent Legal Assistance and Review Service (ILARS) funding in respect of an application to the Personal Injury Commission (Commission) for de-identification or redaction of publishable decisions – see rule 132 of the Personal Injury Commission Rules 2021. 

The IRO’s view is that the making of an application to the Commission under rule 132 is generally within the scope of ILARS funding provided at Stage 3 or Stage 4.  
 
An application for de-identification or redaction can be made at the hearing of a matter, or within seven (7) days after the issue of the Commission’s decision. The IRO encourages Approved Lawyers, wherever appropriate, to consider the need for such an application when making submissions on the substantive issues.

Where that has not occurred, and an application is required after the issue of the Commission’s decision, the IRO’s view is that Stage 3 or Stage 4 ILARS funding would encompass this application.   

If an application for de-identification or redaction is made on behalf of an injured worker and the application is opposed, and as a result dealing with the application involves significant additional work due to complex issues, a complexity increase may be considered (see clause 4.1.6 of the Funding Guidelines:).