---
title: "Request Victorian treatment funding without an admission of fault"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/request-funding-of-treatment-and-rehabilitation-before-liability-is-admi/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MV20261023-5-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Request Victorian treatment funding without an admission of fault

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/request-funding-of-treatment-and-rehabilitation-before-liability-is-admi/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 | 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. |
| Written for | Victoria |
| Applies to | [Request funding of treatment and rehabilitation before liability is admitted](https://ailawframework.com/practice/personal-injury-and-compensation/request-funding-of-treatment-and-rehabilitation-before-liability-is-admi.md) |

## Checking plan

**Verify against sources**

Eligibility does not use fault as the gateway. The Commission decides a claim within 21 days or asks for more information. Medical and like expenses generally continue after a settlement or award.

- What the AI does: 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 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. The eligibility policy says the Commission does not consider who was at fault when deciding whether a person is eligible for compensation.
2. The request is for treatment on an accepted claim, or for a decision on a claim that is still being assessed.
3. 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.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria. No-fault benefits under the Transport Accident Act 1986.

**Deliverable**: A draft funding request limited to the treatment the lawyer has marked.

**Inputs**

- Whether the claim is accepted or still being assessed
- The treatment the lawyer has marked
- Any outstanding decision notice

**Example**: 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 escalate when**

- The claim has been denied and the lawyer has not marked a review.
- The treatment is not one the lawyer has marked.

Checked 2026-10-23.

## Sources

- [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)
- [Transport Accident Act 1986 (Vic), section 93](https://classic.austlii.edu.au/au/legis/vic/consol_act/taa1986204/s93.html) (checked 2026-10-23)
- [Transport Accident Commission: Claims for common law damages](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/lump-sum-damages-common-law) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*