---
title: "List Victorian earnings facts where no weekly loss can be defined"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-earnings-that-cannot-be-tied-to-a-defined-weekly-loss/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DM20261023-13-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# List Victorian earnings facts where no weekly loss can be defined

> In a firm-controlled tool, where the lawyer says earnings cannot be tied to a defined weekly loss, list the age, work history, actual earnings and impairment facts the lawyer has accepted, and leave the award figure…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-earnings-that-cannot-be-tied-to-a-defined-weekly-loss/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | In a firm-controlled tool, where the lawyer says earnings cannot be tied to a defined weekly loss, list the age, work history, actual earnings and impairment facts the lawyer has accepted, and leave the award figure blank. The tool does not state the assumptions or the methodology, and it does not write a schedule that will be filed or served. |
| What the lawyer must review | Decide whether the loss can be tied to a defined weekly loss. State the assumptions and the methodology, and set the figure. Do not treat section 28A as a power to award a global buffer. |
| Written for | Victoria |
| Applies to | [Assess loss of earnings that cannot be tied to a defined weekly loss](https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-earnings-that-cannot-be-tied-to-a-defined-weekly-loss.md) |

## Checking plan

**Verify against sources**

The lawyer sets any global figure. No Victorian section in the terms of a buffer power was opened.

- What the AI does: In a firm-controlled tool, where the lawyer says earnings cannot be tied to a defined weekly loss, list the age, work history, actual earnings and impairment facts the lawyer has accepted, and leave the award figure blank. The tool does not state the assumptions or the methodology, and it does not write a schedule that will be filed or served.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Section 28A reduces an assessment by income tax. It does not authorise a global award where no weekly loss can be defined.
2. Where the lawyer says Part VB applies and a weekly loss can be defined, section 28F still caps each week.
3. Do not import a buffer power from another state.
4. Leave the award figure blank.

## Notes

- No section was opened in Wrongs Act Part VB that lets a court award a global sum for loss of earnings where the loss cannot be tied to a defined weekly loss. Section 28A is a different rule. It reduces an assessment of loss of earnings, or of future probable earnings, by the income tax that would reasonably have been payable. It is not a power to award a buffer.
- Where Part VB applies, section 28F still caps each week of the period of loss of earnings at three times average weekly earnings, if a week of loss is assessed. Wrongs Act 1958 section 28C(2) leaves Part VB out of an award where the fault is an intentional act done with intent to cause death or injury, or sexual assault or other sexual misconduct; an award to which Transport Accident Act 1986 Part 3, 6 or 10 applies; an award to which Accident Compensation Act 1985 Part IV or Workplace Injury Rehabilitation and Compensation Act 2013 Part 7 applies; and an award to which the Workers Compensation Act 1958 applies. Other exclusions are on the section, including victims of crime assistance and a sum payable under a superannuation scheme or a life or other insurance policy. Section 28C(2A) leaves the Part out of assistance under the Victims of Crime (Financial Assistance Scheme) Act 2022. The lawyer decides whether Part VB applies. The tool does not.
- Keep health, wage and scheme records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Victoria: earnings loss that cannot be tied to a defined weekly loss

**Deliverable**: A fact list for that loss, with the award figure left blank.

**Inputs**

- Age, work history and earnings the lawyer accepts
- The lawyer's statement that no weekly loss can be defined

**Example**: Illustrative example: The person had casual shifts and no regular week. The list sets out the shifts the lawyer accepts and leaves the award blank. It does not state a methodology.

**Stop and escalate when**

- The tool would set the award figure.
- The tool would write a schedule that is filed.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic) section 28A](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28a.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) section 28F](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28f.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) section 28C](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28c.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Letter of instruction to a vocational assessor](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-vocational-assessor.md) | Letter | Yellow | Letter asking a vocational assessor for realistic occupations, hours and sourced earnings, without a diagnosis, an impairment score or a valuation. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*