---
title: "Count Victorian claim-decision times under section 75"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-the-time-to-decide-a-compensation-claim-or-a-reconsideration-requ/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WR20261022-11-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Count Victorian claim-decision times under section 75

> From the receipt date the lawyer identifies, count the section 75 periods for a weekly-payment claim and for a medical and like claim. Do not decide that a claim is deemed accepted.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-the-time-to-decide-a-compensation-claim-or-a-reconsideration-requ/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 | From the receipt date the lawyer identifies, count the section 75 periods for a weekly-payment claim and for a medical and like claim. Do not decide that a claim is deemed accepted. |
| What the lawyer must review | You identify the receipt date. The tool only counts from it A missed weekly-payment notice can be a deemed acceptance. You decide Section 75(2) does not deem a medical and like claim accepted |
| Written for | Victoria |
| Applies to | [Record the time to decide a compensation claim or a reconsideration request](https://ailawframework.com/practice/personal-injury-and-compensation/record-the-time-to-decide-a-compensation-claim-or-a-reconsideration-requ.md) |

## Checking plan

**Verify against sources**

The lawyer identifies the receipt date and decides the consequence. The count shows which subsection's period has passed. It does not deem the claim accepted.

- What the AI does: From the receipt date the lawyer identifies, count the section 75 periods for a weekly-payment claim and for a medical and like claim. Do not decide that a claim is deemed accepted.
- 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. Section 75(1): for weekly payments, written notice within 28 days after receiving the claim if it was accompanied by a section 25 certificate, or within 28 days after receiving the certificate if it was not. If that notice is not given, the claim is deemed accepted. The tool does not make that decision.
2. Section 75(2): written notice on a medical and like claim within 28 days after receiving the claim. The opened text does not say a missed medical and like notice deems the claim accepted. Section 75(3): a notice rejecting a weekly-payment claim or a medical and like claim must state the reasons.
3. Section 75(4) deems a weekly-payment claim accepted if the worker has notified the Authority under section 21(2), the Authority receives the claim and certificate from the employer within the section 73(1) period, and does not decide within 28 days after that receipt. Section 75(5) uses 39 days after the Authority receives notice of the claim, where the claim was accompanied by a certificate and the Authority does not receive the claim from the employer within the section 73(1) period.
4. Section 75(6) deems the weekly-payment claim accepted if the Authority receives it from the employer, under section 20(2), more than 28 days after the 10-day period in section 73(1) expires. Section 75(7) says a decision or deemed decision under the section is binding on the employer for the employer's excess.
5. A Transport Accident Commission claim is separate. The eligibility policy gives the Commission 21 days to accept, reject or request further information, and usually gives the recipient 28 days to respond. Do not treat a Transport Accident Commission claim as deemed accepted. For a dispute about a WorkSafe decision, the Workplace Injury Commission page gives 60 days to apply for conciliation. No reconsideration period and no Independent Review Service day count were opened.

## Notes

- The Workplace Injury Rehabilitation and Compensation Act 2013 is in force as version 054, effective 2 October 2026. Section 73 was not opened. The count uses the section 73 period only once the lawyer identifies its start and end.
- If the count is later put into a conciliation application or a court document, the lawyer writes that document. No Workplace Injury Commission generative-AI practice note was found. The County Court practice note of 9 June 2026 or Practice Note SC GEN 25 applies if the matter is in that court.

## Practical guide

Jurisdiction: Victoria: a WorkSafe or self-insurer claim for weekly payments or for medical and like services, and a separate Transport Accident Commission claim

**Deliverable**: A date count from the receipt date the lawyer identifies.

**Inputs**

- The receipt date the lawyer identifies, and what was received
- Whether a section 25 certificate accompanied the claim
- Whether the worker notified the Authority and when the employer forwarded the claim

**Example**: Illustrative example: The agent received a weekly-payment claim with a certificate on 1 March and has sent no decision by 1 April. The count shows that the 28 days in section 75(1)(a) have passed. It does not say the claim is deemed accepted. The lawyer decides that.

**Stop and escalate when**

- The receipt date is not identified by the lawyer.
- The count says a medical and like claim is deemed accepted, or says a Transport Accident Commission claim is deemed accepted.

Checked 2026-10-23.

## Sources

- [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 75](https://classic.austlii.edu.au/au/legis/vic/consol_act/wiraca2013484/s75.html) (checked 2026-10-23)
- [Workplace Injury Rehabilitation and Compensation Act 2013, in force version 054 (effective 2 October 2026)](https://www.legislation.vic.gov.au/in-force/acts/workplace-injury-rehabilitation-and-compensation-act-2013) (checked 2026-10-23)
- [Transport Accident Commission: Eligibility for benefits](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/eligibility-for-benefits) (checked 2026-10-23)
- [Workplace Injury Commission: Conciliation](https://www.wic.vic.gov.au/conciliation) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Covering letter for NIISQ internal review of eligibility or treatment, care and support](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-niisq-internal-review-request.md) | Letter | Yellow | Covering letter for the NIISQ internal review form, with eligibility and treatment, care and support kept apart. It is not an application to the Workers' Compensation Regulator. |
| [Request that a NSW CTP insurer concede impairment greater than 10 per cent](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-mai-damages-impairment-concession.md) | Letter | Yellow | Letter asking a New South Wales CTP insurer to concede that permanent impairment from a motor accident is greater than 10 per cent, and recording the section 6.14 time for a damages claim. |
| [NSW work injury damages: claim letter and pre-filing checklist](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-work-injury-damages-prefiling.md) | Letter | Yellow | Letter to a New South Wales workers compensation insurer claiming work injury damages, with a checklist for the section 315 pre-filing statement.… |

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.*