Map which Victorian injury schemes can run together on the same facts
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, list each scheme the facts the lawyer has marked appear to touch, and the section the lawyer has named for the overlap. The tool does not decide eligibility and it does not calculate a deadline.
- What the lawyer must review
- Decide which schemes the facts can touch, and which Act applies to each.
- Do not treat the map as an eligibility decision or a deadline.
- Keep victims-of-crime procedure in its own task.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: overlap of Wrongs Act damages, TAC and WorkSafe on the same facts
Produce. A map of schemes the marked facts can touch, each line tied to a section or policy the lawyer has accepted.
Have ready. Facts the lawyer has marked; The scheme or Act the lawyer names for each line.
Example of the limit. Illustrative example: The facts are a crash on the way to work. The map lists a TAC journey line and a possible workers line, and leaves eligibility blank. The lawyer decides which scheme is asked to pay.
Stop and hand it back when
- The map would decide that a person is eligible.
- The map would calculate a claim deadline.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, list each scheme the facts the lawyer has marked appear to touch, and the section the lawyer has named for the overlap. The tool does not decide eligibility and it does not calculate a deadline. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Where damages are in view, record whether section 28C(2) or section 28C(2A) takes the award outside Part VB.
- Separate a journey transport accident from a during-the-course-of-work transport accident. Do not decide which scheme pays.
- Record a dual-insurance loading or unloading fact only as the TAC page describes it. The lawyer decides who shares any damages.
- Do not calculate a notice period or a limitation date on this map.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Request for NIISQ lifetime participation before the two-year anniversary | Letter | AI use Yellow | Letter asking the National Injury Insurance Agency, Queensland to repeat an interim participant's eligibility review before the two-year anniversary and to say whether lifetime participation is accepted. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Wrongs Act 1958 (Vic) section 28C · 2026-10-23
- Transport Accident Commission: work-related compensation policy · 2026-10-23
Wrongs Act 1958 section 28C(1): Part VB applies to an award of personal injury damages except an award excluded by subsection (2). The exclusions include 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; an award to which the Workers Compensation Act 1958 applies; and an award of assistance under the Victims of Crime Assistance Act 1996. Section 28C(2A): the Part does not apply to a payment of assistance under the Victims of Crime (Financial Assistance Scheme) Act 2022. Section 28C(3): the Part extends to personal injury damages even if recovered in an action for breach of contract or any other action. The other exclusions in subsection (2), including emergency-service and insurance awards, are on the section. The map records the exclusion. It does not delete a head of damage.
The TAC work-related policy says a journey transport accident is payable by the TAC unless another scheme covers it, and that a during-the-course-of-work transport accident is in most cases workers compensation and not the TAC. If the Victorian WorkCover Authority rejects that claim, the person should make a TAC claim. The policy also describes a loading or unloading injury from the intended or principal use of a vehicle, and says that where common law damages are payable both the TAC and the Victorian WorkCover Authority share the damages to be paid. Victims-of-crime procedure is a separate task.