---
title: "Schedule Victorian future treatment where the discount depends on the Act"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/schedule-future-treatment-medication-and-equipment-costs/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DM20261023-11-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Schedule Victorian future treatment where the discount depends on the Act

> In a firm-controlled tool, list the future treatment, medication and equipment costs the lawyer accepts, and discount them at the section 28I rate only where the lawyer says that future cost is economic loss inside…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/schedule-future-treatment-medication-and-equipment-costs/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 | In a firm-controlled tool, list the future treatment, medication and equipment costs the lawyer accepts, and discount them at the section 28I rate only where the lawyer says that future cost is economic loss inside Part VB. On an award under section 93, use 6 per centum only where the lawyer says the future expenditure is inside the award. The tool does not write a schedule that will be filed or served. |
| What the lawyer must review | Accept each future cost, and decide whether Part VB and section 28I apply to it. Do not discount a lifetime of TAC medical and like expenses into the common-law award. Do not use 5 per cent where section 28C takes the award outside Part VB. On a section 93 award, use 6 per centum only for future expenditure inside the award. |
| Written for | Victoria |
| Applies to | [Schedule future treatment, medication and equipment costs](https://ailawframework.com/practice/personal-injury-and-compensation/schedule-future-treatment-medication-and-equipment-costs.md) |

## Checking plan

**Verify against sources**

The lawyer accepts each cost and the rate. Transport-accident medical expenses are not discounted into the damages on the TAC page.

- What the AI does: In a firm-controlled tool, list the future treatment, medication and equipment costs the lawyer accepts, and discount them at the section 28I rate only where the lawyer says that future cost is economic loss inside Part VB. On an award under section 93, use 6 per centum only where the lawyer says the future expenditure is inside the award. The tool does not write a schedule that will be filed or served.
- What the lawyer does: Make the legal assessment, check the source material and authorise 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. Use 5 per cent, or a prescribed percentage the lawyer has found, only where section 28I applies.
2. No regulation prescribing another percentage was opened. Do not state that none exists.
3. On a transport-accident claim, section 93(10)(b) excludes loss from costs or expenses of a kind in section 60. Section 60 was not opened.
4. The TAC page says medical and like expenses generally continue. Do not fold a lifetime of them into the lump sum unless the lawyer says so.

## Notes

- Section 28I discounts a lump sum for economic loss referable to the future at the percentage prescribed by the regulations, or 5 per cent if none is prescribed. No other percentage was opened. Where Part VB applies, future treatment that is economic loss is inside those words. Wrongs Act 1958 section 28C(2) leaves Part VB out of an award where the fault is an intentional act done with intent to cause death or injury, or sexual assault or other sexual misconduct; an award to which Transport Accident Act 1986 Part 3, 6 or 10 applies; an award to which Accident Compensation Act 1985 Part IV or Workplace Injury Rehabilitation and Compensation Act 2013 Part 7 applies; and an award to which the Workers Compensation Act 1958 applies. Other exclusions are on the section, including victims of crime assistance and a sum payable under a superannuation scheme or a life or other insurance policy. Section 28C(2A) leaves the Part out of assistance under the Victims of Crime (Financial Assistance Scheme) Act 2022. The lawyer decides whether Part VB applies. The tool does not.
- Transport Accident Act 1986 section 93(10)(b) excludes from damages under that section any loss from costs or expenses of a kind referred to in section 60. Section 60 was not opened. The TAC common-law page says a settlement or award generally does not affect ongoing medical and like expenses, and cites sections 60 and 93(10). Do not discount a lifetime of those expenses into the common-law award on the strength of that page. Where future expenditure is inside an award under section 93, subsection (13)(c) says the present value of a liability to incur expenditure in the future is qualified by a discount rate of 6 per centum. Do not use that rate for an expense section 93(10)(b) keeps out of the award, and do not use it on an award that is not under section 93.
- Keep health, wage and scheme records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Victoria: future treatment, medication and equipment, discounted only where section 28I applies

**Deliverable**: A working present value of the future costs the lawyer has accepted, or a blank where the rate is not yet decided.

**Inputs**

- Future costs the lawyer accepts
- Whether the lawyer says Part VB applies
- Whether the claim is a transport-accident damages claim

**Example**: Illustrative example: The lawyer accepts a future medication cost on a shop-fall claim and says Part VB applies. The working uses 5 per cent and notes that no other prescribed percentage was opened. A TAC medical expense is left off the lump sum until the lawyer says otherwise.

**Stop and escalate when**

- The tool would discount ongoing TAC medical expenses into the lump sum.
- The tool would write a schedule that is filed.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic) section 28I](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28i.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) section 28C](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28c.html) (checked 2026-10-23)
- [Transport Accident Act 1986 (Vic) section 93](https://www5.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)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Letter of instruction to an actuary on future loss](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-actuary-on-future-loss.md) | Letter | Yellow | Letter asking an actuary to value future earnings and future treatment streams on the lawyer's assumptions, with the rate, percentage and life table left blank. |

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.*