Map a policy offset against WorkSafe weekly payments and TAC loss of earnings
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the offset clause and the payment summaries the lawyer selects, list each WorkSafe weekly payment and each Transport Accident Commission loss of earnings payment, with its period. Apply the clause only to amounts the clause names.
- What the lawyer must review
- Read the offset clause from the schedule. Do not use a generic list.
- Keep WorkSafe weekly payments in a separate row from TAC loss of earnings.
- Check the 13-week and 130-week periods, and the TAC 18-month period, against the summaries.
- Keep wage records in the firm's tool. Rule 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. WorkSafe Victoria weekly payments and Transport Accident Commission loss of earnings
Produce. An offset table with a separate row for each state payment stream, linked to the clause.
Have ready. Policy offset clause from the schedule; Payment summaries for each scheme; The period each payment covers.
Example of the limit. Illustrative example: The clause names workers compensation weekly payments and does not name transport benefits. The tool lists both streams and marks the TAC amounts as outside the clause. The lawyer reads the clause before any figure is deducted.
Stop and hand it back when
- The offset clause has not been quoted from the schedule.
- A TAC amount has been placed in the WorkSafe row.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the offset clause and the payment summaries the lawyer selects, list each WorkSafe weekly payment and each Transport Accident Commission loss of earnings payment, with its period. Apply the clause only to amounts the clause names. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- WorkSafe weekly payments under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) are highest in the first 13 weeks and can continue for 130 weeks. After 130 weeks they can continue to retirement age only if the stated criteria are met where the claim reached 130 weeks on or after 31 March 2024.
- The Transport Accident Commission pays fortnightly loss of earnings to an earner whose loss results from, or is materially contributed to by, the transport accident injuries, for the first 18 months after the accident or after the injury first manifests, while incapacity continues.
- The Commission's page says the assessment method depends on the accident date. Do not invent a percentage.
- A payment the offset clause does not name is not deducted.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| New South Wales pre-injury average weekly earnings worksheet | Other | AI use Yellow | Worksheet for pre-injury average weekly earnings under Workers Compensation Act 1987 (NSW) Schedule 3, and the weekly rates in sections 36 and 37. |
| Victoria pre-injury average weekly earnings worksheet | Other | AI use Yellow | Worksheet for pre-injury average weekly earnings under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) sections 153 to 158. |
| Queensland normal weekly earnings worksheet | Other | AI use Yellow | Worksheet for normal weekly earnings under Workers' Compensation and Rehabilitation Act 2003 (Qld) section 106, and the total-incapacity rates in sections 150 and 151. |
| New South Wales motor accident weekly statutory benefits worksheet | Other | AI use Yellow | Worksheet for weekly statutory benefits under the Motor Accident Injuries Act 2017 (NSW) sections 3.6 to 3.12 and Schedule 1. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- WorkSafe Victoria: weekly payments information · 2026-10-23
- Transport Accident Commission: loss of earnings benefits · 2026-10-23
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 r 9 · 2026-10-23
- Office of the Australian Information Commissioner: Australian Privacy Principles · 2026-10-23
- Office of the Australian Information Commissioner: notifiable data breaches · 2026-10-23
These are two Victorian payment streams. Do not enter a TAC amount in the WorkSafe row.
Keep medical and wage records in the firm's tool. Rule 9 of the uniform solicitors' conduct rules and Australian Privacy Principle 11 apply. A loss likely to result in serious harm may be notifiable.