List the likely Victorian respondent and paying body from the intake facts
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, list the likely respondent and the body that may pay, using only the intake facts the lawyer has marked and the sections or pages named in the file. The tool does not send a notice or name a person the facts do not support.
- What the lawyer must review
- Decide who is named as respondent and who is asked to pay.
- Do not send a notice or start a claim from this list.
- Where the vehicle is unidentified, use only the TAC page you rely on, and read section 96 before you rely on it.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: likely respondent and paying body at intake
Produce. A list of the likely respondent and paying body, tied to the intake facts and to a page or section the lawyer has accepted.
Have ready. Intake facts the lawyer has marked; Any scheme already claimed.
Example of the limit. Illustrative example: The vehicle that caused the injury was not identified. The list records the TAC page's sentence that the TAC may be named, and that section 96 was not opened. The lawyer decides who is named. No notice is sent.
Stop and hand it back when
- The list would be sent as a notice of claim.
- The tool would name a person the facts do not support.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, list the likely respondent and the body that may pay, using only the intake facts the lawyer has marked and the sections or pages named in the file. The tool does not send a notice or name a person the facts do not support. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- On a journey, list the TAC unless the lawyer marks another scheme. On a during-work transport accident, list the Victorian WorkCover Authority first, and a TAC claim if that authority rejects it.
- Where the injury is not a transport accident, the respondent is the person the facts name. Section 28C decides whether Part VB applies to any damages award.
- Do not add an unidentified-vehicle defendant except as the opened TAC page states it. Section 96 was not opened.
- The list does not give notice and does not start a claim.
Sources
- Transport Accident Commission: work-related compensation policy · 2026-10-23
- Transport Accident Commission: claims for common law damages · 2026-10-23
- Wrongs Act 1958 (Vic) section 28C · 2026-10-23
On the TAC work-related policy, a journey transport accident is payable by the TAC unless another scheme covers it. A during-the-course-of-work transport accident is, in most cases, a claim to the Victorian WorkCover Authority and not the TAC. If that authority rejects the claim, the policy says the client should make a TAC claim. The TAC may pay a self-employed person travelling to or from a job, or between jobs. Commonwealth employees are recorded as on the policy: Comcare for a journey or recess on or before 12 April 2007, and, on the page's account of an amendment it calls the Safety and Rehabilitation Act 1988, the Transport Accident Act on or after 13 April 2007.
The TAC common-law damages page says that where the identity of the vehicle is unknown, and attempts have been made to identify it, the claimant is able to name the TAC as the defendant. The page cites Transport Accident Act 1986 section 96. That section was not opened. Do not add a nominal-defendant rule beyond that sentence. Where the injury is not a transport accident, the respondent is the person the facts name, and section 28C decides whether Part VB applies.