Record the time to claim Transport Accident Commission compensation
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the accident date and any manifestation date the lawyer supplies, calculate one year under section 68(1) and three years under section 68(2). If the lawyer says the person was under 18, also calculate the section 68(3) date. The tool does not decide that a late claim will be accepted.
- What the lawyer must review
- Diary s 68(1): one year after the accident or death, or after the injury first manifests if none did at the accident.
- Section 68(2): allow a later claim before three years only if the Commission sees reasonable grounds for the delay.
- Apply section 68(3): before age 21, or within three years, whichever is later, and subject to subsection (2).
- Check the TAC request for a police report number, except a public-transport accident. It is not a 28-day limit.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Transport Accident Act 1986 (Vic), Part 3 claim for compensation
Produce. A date calculation for section 68. Not a decision that a late claim is accepted.
Have ready. Accident date, and manifestation date if the lawyer says the injury was not apparent at the accident; Whether the person was under 18, and whether a claim has already been made; Whether the injury was also a work injury.
Example of the limit. Illustrative example: The accident was 18 months ago and the injury was apparent that day. The calculation shows the one-year date has passed and the three-year date has not. It does not say the Commission will accept the claim. The lawyer decides whether there are reasonable grounds to ask.
Stop and hand it back when
- The calculation says the Commission must accept the claim.
- A child date is used without the lawyer confirming the age at the accident.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the accident date and any manifestation date the lawyer supplies, calculate one year under section 68(1) and three years under section 68(2). If the lawyer says the person was under 18, also calculate the section 68(3) date. The tool does not decide that a late claim will be accepted. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Keep the one-year date and the three-year acceptance date separate. Do not collapse them.
- Use the manifestation date in section 68(1)(d) only where no injury manifested at the accident.
- Apply section 68(3) only where the person was under 18 and no claim has been made. It remains subject to subsection (2).
- If the injury was at work, the TAC lodgement page says to submit a WorkSafe claim before a TAC claim. Do not skip that instruction.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Limitation and notice diary procedure | Policy | AI use Yellow | Firm procedure for recording limitation and pre-action notice dates on a plaintiff injury file. |
| Notice of accident claim, non-fatal injury (MAIC Form F1) | Form | AI use Yellow | Link to MAIC Form F1 V8 Oct 2022, the Notice of Accident Claim Form (Non-Fatal Injury). |
| TAC online claim lodgement: what to gather and when the claim is lodged | Form | AI use Yellow | Guide to the Transport Accident Commission's online claim form: the 12-month lodgement period, the documents the form asks for, and the rule that a saved draft is kept for 10 days. |
| Request that the Transport Accident Commission accept a late Part 3 claim | Letter | AI use Yellow | Letter asking the Transport Accident Commission to accept a Part 3 claim made after one year and before three years, setting out the grounds for the delay. |
| Queensland Notice of Accident Claim: time, service and a reply to noncompliance | Checklist | AI use Yellow | Checklist for a Queensland CTP Notice of Accident Claim, and a short reply when the insurer says the notice does not comply. |
| WorkSafe worker's injury claim form: completion guide | Form | AI use Yellow | Guide to the WorkSafe worker's injury claim form, in myWorkSafe or as a PDF, including the certificate of capacity, the signed medical authority and declaration, and mental-injury rules from 31 March 2024. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Transport Accident Act 1986 (Vic), authorised version 158 · 2026-10-23
- Transport Accident Act 1986 (Vic), section 68 · 2026-10-23
- Transport Accident Commission: Making a claim for compensation · 2026-10-23
- Transport Accident Commission: How to make a claim · 2026-10-23
Authorised version 158, effective 2 October 2026, contains the section 68 text used here.
The TAC policy states the same one-year and three-year structure, and says a person under 18 can claim until the day before 21. The Act's 'whichever is the later' child rule was used where the policy is shorter.
Keep health, wage and scheme records in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether any breach is notifiable under the Privacy Act 1988 (Cth).