--- title: "Record the time to claim Transport Accident Commission compensation" url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-the-time-to-give-notice-of-a-statutory-benefits-claim/victoria" type: "task_jurisdiction_version" site: "AI Law Framework" id: "A21-WR20261022-12-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 the time to claim Transport Accident Commission compensation > 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).… Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-the-time-to-give-notice-of-a-statutory-benefits-claim/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 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. | | Written for | Victoria | | Applies to | [Record the time to give notice of a statutory-benefits claim](https://ailawframework.com/practice/personal-injury-and-compensation/record-the-time-to-give-notice-of-a-statutory-benefits-claim.md) | ## Checking plan **Verify against sources** The lawyer confirms the dates and whether a late claim should be put to the Commission. - What the AI does: 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 does: Confirm the facts, decide whether to ask the Commission to accept a late claim, and settle the claim. - 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. Keep the one-year date and the three-year acceptance date separate. Do not collapse them. 2. Use the manifestation date in section 68(1)(d) only where no injury manifested at the accident. 3. Apply section 68(3) only where the person was under 18 and no claim has been made. It remains subject to subsection (2). 4. 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. ## Notes - 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). ## Practical guide Jurisdiction: Transport Accident Act 1986 (Vic), Part 3 claim for compensation **Deliverable**: A date calculation for section 68. Not a decision that a late claim is accepted. **Inputs** - 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**: 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 escalate when** - The calculation says the Commission must accept the claim. - A child date is used without the lawyer confirming the age at the accident. Checked 2026-10-23. ## Sources - [Transport Accident Act 1986 (Vic), authorised version 158](https://www.legislation.vic.gov.au/in-force/acts/transport-accident-act-1986/158) (checked 2026-10-23) - [Transport Accident Act 1986 (Vic), section 68](https://classic.austlii.edu.au/au/legis/vic/consol_act/taa1986204/s68.html) (checked 2026-10-23) - [Transport Accident Commission: Making a claim for compensation](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/making-a-claim-for-compensation) (checked 2026-10-23) - [Transport Accident Commission: How to make a claim](https://www.tac.vic.gov.au/what-to-do-after-an-accident/how-to-claim/how-to-lodge-a-claim-with-the-tac) (checked 2026-10-23) ## Forms and precedents for this task | Form or precedent | Kind | AI level | Summary | | --- | --- | --- | --- | | [Limitation and notice diary procedure](https://ailawframework.com/precedents/personal-injury-and-compensation/firm-limitation-notice-diary.md) | Policy | 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)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-qld-maic-noac-non-fatal.md) | Form | Yellow | Link to MAIC Form F1 V8 Oct 2022, the Notice of Accident Claim Form (Non-Fatal Injury). The claimant certificate is a statutory declaration. | | [TAC online claim lodgement: what to gather and when the claim is lodged](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-tac-claim-lodgement.md) | Form | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-tac-late-part-3-claim.md) | Letter | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-maic-notice-and-compliance-reply.md) | Checklist | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-worksafe-injury-claim.md) | Form | 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… | 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.*