---
title: "Index records for a Victorian impairment assessment"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-records-and-questions-for-an-impairment-assessment/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MV20261023-7-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Index records for a Victorian impairment assessment

> Index the records the lawyer has selected and list the questions the lawyer has written. Do not add a whole-person impairment percentage.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-records-and-questions-for-an-impairment-assessment/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 | Index the records the lawyer has selected and list the questions the lawyer has written. Do not add a whole-person impairment percentage. |
| What the lawyer must review | Confirm which protocol applies from the lodgement date Do not enter a percentage Describe stability only in the words the records use Health records stay in the firm tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable. |
| Written for | Victoria |
| Applies to | [Prepare the records and questions for an impairment assessment](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-records-and-questions-for-an-impairment-assessment.md) |

## Checking plan

**Verify against sources**

An impairment application started on or after 30 March 2026 uses the Impairment Assessment Protocol 2026. The form asks the lawyer for a percentage. The tool does not supply one.

- What the AI does: Index the records the lawyer has selected and list the questions the lawyer has written. Do not add a whole-person impairment percentage.
- What the lawyer does: The lawyer makes the legal assessment, checks the source material and authorises 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. An application under sections 46A, 47, 48 or 54 started on or after 30 March 2026 uses the 2026 protocol. An application lodged before that date uses the 2016 protocols.
2. The protocol uses the American Medical Association guides as amended by the Act and does not name an edition. The form asks the lawyer for a suggested final percentage and the guide section. Leave the percentage blank.
3. A section 46A assessment may be bypassed so a serious-injury application can move earlier. The Commission then makes a section 47(7) determination at the same time as the serious-injury decision.
4. Section 93(3) deems the injury serious if the determined impairment is 30 per cent or more. Section 93(2) requires both a determination under section 46A, 47(7) or 47(7A) and a serious injury. On the common-law policy, a claimant's request needs the injuries to be substantially stable, the lawyer's request needs them to be stable, and the Commission's own step under section 47(7) needs them to be demonstrable and substantially stable.

## Notes

- The common-law policy says substantially stable for a claimant's request and for the Commission's own step, and stable for the lawyer's request. Do not collapse those words.
- The tool writes nothing on the application form.

## Practical guide

Jurisdiction: Victoria. Impairment Assessment Protocol 2026 and the Transport Accident Act 1986.

**Deliverable**: An index of the selected records and the lawyer's questions, with no percentage added.

**Inputs**

- Records the lawyer has selected
- Questions the lawyer has written
- Lodgement date
- Whether a bypass is proposed

**Example**: Illustrative example: The records are indexed and the lawyer's questions are listed. The percentage field stays blank. The lawyer decides whether the injuries are stable enough to assess.

**Stop and escalate when**

- The lodgement date is unknown, so the protocol cannot be chosen.
- A percentage has been entered by the tool.

Checked 2026-10-23.

## Sources

- [Transport Accident Commission: Impairment Assessment Protocol 2026](https://www.tac.vic.gov.au/providers/resources/tac-protocols-tabs/impairment-assessment-protocol) (checked 2026-10-23)
- [Transport Accident Commission: Claims for common law damages](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/lump-sum-damages-common-law) (checked 2026-10-23)
- [Transport Accident Act 1986 (Vic), section 93](https://classic.austlii.edu.au/au/legis/vic/consol_act/taa1986204/s93.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Index for a NSW Personal Injury Commission medical assessment](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-pic-medical-assessment-bundle.md) | Letter | Yellow | Working index and list of matters for a Personal Injury Commission medical assessment, in the workers compensation or motor accidents division, not a letter to the assessor. |

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.*