Request Victorian treatment funding without an admission of fault
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Draft a request for the treatment the lawyer has marked, either on an accepted claim or as a request for a decision on a claim still being assessed. Do not describe the funding as depending on an admission of fault.
- What the lawyer must review
- Confirm the claim is accepted, or still being assessed
- Check the treatment is one the lawyer has marked
- Do not wait for an admission of fault
- Health records stay in the firm tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria. No-fault benefits under the Transport Accident Act 1986.
Produce. A draft funding request limited to the treatment the lawyer has marked.
Have ready. Whether the claim is accepted or still being assessed; The treatment the lawyer has marked; Any outstanding decision notice.
Example of the limit. Illustrative example: The claim is accepted and fault is still in dispute. The draft asks for the marked treatment. It does not ask the Commission to admit liability.
Stop and hand it back when
- The claim has been denied and the lawyer has not marked a review.
- The treatment is not one the lawyer has marked.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Draft a request for the treatment the lawyer has marked, either on an accepted claim or as a request for a decision on a claim still being assessed. Do not describe the funding as depending on an admission of fault. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The eligibility policy says the Commission does not consider who was at fault when deciding whether a person is eligible for compensation.
- The request is for treatment on an accepted claim, or for a decision on a claim that is still being assessed.
- The Commission has 21 days to accept or reject a claim or to request further information. In most cases the person asked for information must respond within 28 days.
- Section 93(10)(b) says damages do not include costs or expenses of a kind referred to in section 60. The common-law policy says medical and like expenses generally continue after a settlement or award. Do not describe them as ending because damages are recovered.
Sources
- Transport Accident Commission: Eligibility for benefits · 2026-10-23
- Transport Accident Act 1986 (Vic), section 93 · 2026-10-23
- Transport Accident Commission: Claims for common law damages · 2026-10-23
The text of section 60 was not opened. The exclusion is stated in the words of section 93(10)(b) and in the common-law policy.