Separate continuing Victorian treatment from the damages heads
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Make two columns from the heads the lawyer has marked: treatment and care the policy says generally continue, and the damages heads section 93 excludes or reduces. Add no values.
- What the lawyer must review
- Check section 93(10) and section 93(11) against the heads
- Do not treat medical and like expenses as ending because damages are recovered
- Add no values
- 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. Transport Accident Act 1986, section 93, and the common-law damages policy.
Produce. Two columns, continuing treatment and care against the damages heads, with no values.
Have ready. Damages heads the lawyer has marked; Benefits already paid; Whether pecuniary-loss damages are included.
Example of the limit. Illustrative example: The table keeps ongoing medical expenses in the continuing column. It gives them no dollar value, and it does not move them into the damages column because a settlement is proposed.
Stop and hand it back when
- The benefits already paid are unknown and a reduction figure would have to be guessed.
- A dollar value has been entered by the tool.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 93(10) excludes from damages the pecuniary loss in the 18 months after the accident, costs or expenses of a kind in section 60, professional administration costs of a kind in section 62A, and unpaid domestic or nursing services as that subsection states.
- The common-law policy says medical and like expenses generally continue after a settlement or award. Do not move them into the damages column because damages are recovered.
- When pecuniary-loss damages are received, the policy says ongoing loss-of-earning-capacity benefits cease. It cites section 53(2) for certain no-fault benefits ceasing on settlement or an award. The text of section 53 was not opened.
- Where the person was entitled to compensation under the Act, section 93(11) reduces pecuniary-loss damages by compensation paid under sections 49, 50 and 51, and reduces pain-and-suffering damages by compensation paid under sections 47 and 54.
Sources
- Transport Accident Act 1986 (Vic), section 93 · 2026-10-23
- Transport Accident Commission: Claims for common law damages · 2026-10-23
The policy describes a wider offset, including dependency, non-earner and minor benefits, usually by deduction from the damages. Those items are the policy's description. They are not the opened text of section 93(11).
The policy says sections 93(10) and 93(11) are not applied to reduce damages where the loss was paid under the Safety, Rehabilitation and Compensation Act 1988 (Cth). That exception was not in the opened text of those subsections.