--- title: "Record a Victorian first interview, including journey and disability facts" url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-the-first-interview-in-a-sourced-file-note/victoria" type: "task_jurisdiction_version" site: "AI Law Framework" id: "A21-IN20261023-5-VIC" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "yellow" lawyer_review: "required" jurisdictions: ["VIC"] last_reviewed: "2026-10-25" --- # Record a Victorian first interview, including journey and disability facts > In a firm-controlled tool, make a dated file note from the lawyer's interview notes: the accident, the injury, treatment, work, who enquired, and which schemes the facts appear to touch. The note stays in the file.… Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-the-first-interview-in-a-sourced-file-note/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, make a dated file note from the lawyer's interview notes: the accident, the injury, treatment, work, who enquired, and which schemes the facts appear to touch. The note stays in the file. It is not sent out, and it is not evidence. | | What the lawyer must review | Settle the file note and decide which facts are recorded as instructions. Record a journey or during-work fact, and any disability fact, without calculating a date. The note is not sent out and is not treated as evidence. | | Written for | Victoria | | Applies to | [Record the first interview in a sourced file note](https://ailawframework.com/practice/personal-injury-and-compensation/record-the-first-interview-in-a-sourced-file-note.md) | ## Checking plan **Verify against sources** The lawyer settles a file note that records the Victorian journey, work and disability facts without calculating a period. - What the AI does: In a firm-controlled tool, make a dated file note from the lawyer's interview notes: the accident, the injury, treatment, work, who enquired, and which schemes the facts appear to touch. The note stays in the file. It is not sent out, and it is not evidence. - 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. Record whether any transport accident was on the way to or from work, or during the course of work, in the words the lawyer accepts. 2. Record whether the person was under a disability at the date of the act or omission. Flag section 27E. Do not calculate. 3. Flag section 27B where the claim may sit in a transport-accident or workplace damages Part. Do not apply section 27D or section 27E there. 4. Keep the note in the file. It is not evidence and it is not sent to the client or a scheme. ## Notes - The Transport Accident Commission work-related compensation policy says TAC compensation is payable for a transport accident on the way to or from work unless another compensation scheme covers it. The policy cites Transport Accident Act 1986 sections 37 and 38. Those sections were not opened. The eligibility policy linked from the page was not opened. For a during-the-course-of-work transport accident, the policy says that in most cases the claim is workers compensation and not the TAC, and gives a claim to the Victorian WorkCover Authority as the example. If that authority rejects the claim, the policy says the client should make a TAC claim. If the TAC has already denied it, the TAC may seek further information and review the denial. A self-employed person travelling to or from a job, or between jobs, may be paid by the TAC. Commonwealth employees in a journey or recess accident on or before 12 April 2007 may be entitled under the Comcare scheme. On or after 13 April 2007, the page says, following an amendment it calls the Safety and Rehabilitation Act 1988, they may be entitled under the Transport Accident Act. - The note also records whether the person was under a disability at the date of the act or omission. Section 27D(2) says section 27D does not apply in that case. Section 27E then applies where the personal-injury Part applies: the earlier of 6 years from discoverability and 12 years from the act or omission. Section 27B(2) takes that Part outside Transport Accident Act Parts 6 and 10, workplace damages under Accident Compensation Act Part IV or Workplace Injury Rehabilitation and Compensation Act Part 7, Workers Compensation Act 1958 injuries, dust-related conditions as there defined, and tobacco injuries. The note does not calculate. - The file note is not evidence. 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). If the product supports a court document, apply the note for that court: Supreme Court Practice Note SC GEN 25 (14 May 2026), the County Court practice note on artificial intelligence by court users (9 June 2026), or the Magistrates' Court guidelines issued 19 October 2026. One tool cannot verify another. Do not put confidential or sensitive information into a public tool. ## Practical guide Jurisdiction: Victoria: first-interview file note on a plaintiff injury matter **Deliverable**: A dated file note of the first interview, settled by the lawyer and kept in the file. **Inputs** - The lawyer's interview notes - Who enquired, and in what capacity - Any journey, work or disability fact **Example**: Illustrative example: The person was injured in a car on the way home from work and was 16 on that date. The note records a journey and a disability fact, and flags section 27E. It does not calculate a date and it is not sent out. **Stop and escalate when** - The note would be sent to the client or a scheme as evidence. - The tool would calculate a limitation date. Checked 2026-10-23. ## Sources - [Transport Accident Commission: work-related compensation policy](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/work-related-compensation) (checked 2026-10-23) - [Limitation of Actions Act 1958 (Vic) section 27E](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27e.html) (checked 2026-10-23) - [Limitation of Actions Act 1958 (Vic) section 27B](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27b.html) (checked 2026-10-23) - [Supreme Court of Victoria Practice Note SC GEN 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (checked 2026-10-23) ## Forms and precedents for this task | Form or precedent | Kind | AI level | Summary | | --- | --- | --- | --- | | [Checklist for an interpreted interview](https://ailawframework.com/precedents/personal-injury-and-compensation/interpreter-interview-checklist.md) | Checklist | Yellow | Checklist for running a personal injury interview with an interpreter: who speaks, how often to pause, and what the interpreter is not asked to explain. | | [First interview guide for a First Nations client](https://ailawframework.com/precedents/personal-injury-and-compensation/first-nations-interview-guide.md) | Checklist | Yellow | A lawyer's guide for a first interview with an Aboriginal or Torres Strait Islander client, using the New South Wales Law Society guide and Legal Aid Queensland's practice points.… | 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.*