Triage a Victorian injury enquiry across the transport, work and Wrongs Act paths
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, sort a new enquiry into the Victorian transport, work and Wrongs Act paths and list the gateway each path uses. Do not decide eligibility and do not send the note as advice.
- What the lawyer must review
- Decide eligibility. A transport accident can also be a work injury.
- Use the TAC serious-injury test and the section 325 test separately.
- Do not send the note out as advice. Keep records in a firm-controlled tool.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: first sort of a transport, work or public-liability enquiry
Produce. A path note listing which gateways might apply, with no eligibility decision and no advice to the client.
Have ready. How the injury happened; Whether it was a transport accident, at work, or both; Any impairment figure already assessed; Whether common-law damages are in view.
Example of the limit. Illustrative example: The enquiry is a collision while the person was working. The tool lists a TAC compensation path, a work path, and the two different serious-injury tests. The lawyer decides which paths to open. The note is not sent to the client.
Stop and hand it back when
- The note would be sent to the client as advice.
- A 30 per cent work impairment is about to be treated as a deemed serious injury.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, sort a new enquiry into the Victorian transport, work and Wrongs Act paths and list the gateway each path uses. Do not decide eligibility and do not send the note as advice. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- TAC compensation: the eligibility policy says the accident must meet the section 3 transport-accident definition and the person must be eligible under the Act (the page cites section 35). Fault is not considered for TAC compensation. Injury means physical or mental injury as a direct result of the transport accident.
- TAC common law, on the TAC page: impairment of 30 per cent or more, or a serious injury as the page defines it by reference to sections 93(3) and 93(17). If the TAC refuses a serious injury certificate, the claimant may apply to the County Court. Those sections were not opened.
- Work damages: section 327 allows damages only if the injury is a serious injury. Section 325 defines that as permanent serious impairment or loss of a body function, permanent serious disfigurement, permanent severe mental or behavioural disturbance or disorder, or loss of a foetus. Serious and severe are judged by comparison with other cases. A 30 per cent assessment is a determination-date event in section 325, not itself a deemed serious injury on the text opened. The deeming sentence opened is a failure to advise under section 330(3).
- Wrongs Act non-economic loss has a separate significant-injury gateway under section 28LE. Do not apply the TAC or work serious-injury test to it.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Limitation and notice diary procedure | Policy | AI use Yellow | Firm procedure for recording limitation and pre-action notice dates on a plaintiff injury file. |
| Worker's injury claim form (SIRA): weekly payments and treatment expenses | Form | AI use Yellow | Link to SIRA's worker's injury claim form for weekly payments and treatment costs, with the sections every claim needs, the signed declaration, and the certificate of capacity to send with it. |
| Notice of accident claim, non-fatal injury (MAIC Form F1) | Form | AI use Yellow | Link to MAIC Form F1 V8 Oct 2022, the Notice of Accident Claim Form (Non-Fatal Injury). |
| TAC online claim lodgement: what to gather and when the claim is lodged | Form | AI use 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. |
| Injury intake questionnaire | Form | AI use Yellow | Questions for the first contact with an injured person: who is enquiring, age and capacity, how the injury happened, which schemes might apply, treatment and work, and the documents to keep. |
| Request for NIISQ lifetime participation before the two-year anniversary | Letter | AI use Yellow | Letter asking the National Injury Insurance Agency, Queensland to repeat an interim participant's eligibility review before the two-year anniversary and to say whether lifetime participation is accepted. |
| New matter checklist | Checklist | AI use Yellow | Checklist for opening a plaintiff injury file: identity, conflicts, the diary, costs disclosure, authorities, and consent before health records go into a tool. |
| First-interview record | Memo | AI use Yellow | Internal note of the first interview: who attended, what was said about the injury, the schemes and deadlines discussed, the advice given in outline, and the next steps. |
| Notice of accident claim, fatal injury (MAIC Form F4) | Form | AI use Yellow | Link to the MAIC Notice of Accident Claim Form (Fatal Injury). |
| TAC funeral and dependency benefits claim form: completion guide | Form | AI use Yellow | Link to the TAC form for funeral expenses and dependency benefits after a death in a transport accident, with the online form and the PDF the TAC publishes on the same page. |
| Limitation period checklist for a personal injury claim (Limitation Act 1969 (NSW) Part 2 Division 6) | Checklist | AI use Red | Checklist for working out the limitation period for a NSW personal injury or death claim: whether Division 6 applies, the 3-year discoverability and 12-year long-stop periods, discoverability facts, minors injured by close relatives, disability and extension. |
| Request for Lifetime Care lifetime participation near the end of the two years | Letter | AI use Yellow | Letter from an interim Lifetime Care participant asking to be accepted for lifetime participation near the end of the two years, with the injury criteria the who-we-care-for page states. |
| PIPA notice of claim, non-health care (Form 1, version 7) | Form | AI use Yellow | Link to Personal Injuries Proceedings Act Form 1, version 7, in force from 1 September 2025. |
| PIPA notice of claim, health care (Form 2, version 7) | Form | AI use Yellow | Link to Personal Injuries Proceedings Act Form 2, version 7, for a health care claim. |
| WorkSafe worker's injury claim form: completion guide | Form | AI use 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 March 2024. |
| Retainer and scope letter for an injury claim | Letter | AI use Yellow | Letter telling the client what the firm will do, what it will not do, who will do the work, and how health information will be handled. |
| WorkCover Queensland application for compensation | Form | AI use Yellow | Link to the WorkSafe page for making a workers' compensation claim: a valid application needs the approved form and a work capacity certificate. |
| Work capacity certificate for a Queensland workers' compensation claim | Form | AI use Yellow | Link to the WorkSafe work capacity certificate page: the claim is not valid without it. |
| WorkSafe claim for compensation following a work-related death: completion guide | Form | AI use Yellow | Link to the WorkSafe form used after the death of a worker from a work-related injury or illness, including dependency, grief and loss, and funeral expenses. |
| Letter declining to act, with a warning that time limits may be running | Letter | AI use Yellow | Short letter saying the firm will not act, why in the terms the lawyer has approved, and which time limits may still be running on the facts given. |
| NIISQ application for interim participation | Form | AI use Yellow | Link to the NIISQ interim-participant application for a serious personal injury in a Queensland motor accident on or after 1 July 2016. |
| Dust Diseases Care application (icare): care, support or lung screening | Form | AI use Yellow | Link to icare's Dust Diseases Care application for care and support or lung screening, including the portal groups and the declaration the applicant checks before submitting. |
| Lifetime Care interim application (icare): severe motor accident injury | Form | AI use Yellow | Link to icare's Lifetime Care application page for a severe motor accident injury, including the signed consent, the medical certificate and the two-year interim participation. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- TAC: Eligibility for benefits · 2026-10-23
- TAC: Claims for common law damages · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) section 325 · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) section 327 · 2026-10-23
- Wrongs Act 1958 (Vic) section 28LE · 2026-10-23
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).
A transport accident during work can be both a TAC matter and a work matter. The tool lists both. The lawyer decides.
If the product supports a court document, apply the note for that court: Supreme Court Practice Note SC GEN 25 (14 May 2026), the County Court practice note on artificial intelligence by court users (5 June 2026), or the Magistrates' Court guidelines issued 19 October 2026. One tool cannot verify another. Do not put confidential or sensitive information into a public tool.