---
title: "Bring Victorian statutory compensation to account when damages are recovered"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-statutory-compensation-brought-to-account-when-damages-are/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-ST20261023-5-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Bring Victorian statutory compensation to account when damages are recovered

> In a firm-controlled tool, list each amount the opened sections exclude from damages or deduct from them, with the section, and leave Medicare, Centrelink and NDIS notices to their own tasks.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-statutory-compensation-brought-to-account-when-damages-are/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 each amount the opened sections exclude from damages or deduct from them, with the section, and leave Medicare, Centrelink and NDIS notices to their own tasks. The tool does not insert a repayment section that was not opened. |
| What the lawyer must review | Decide which statute applies and which amounts are brought to account, and check every figure. Leave Medicare, Centrelink and NDIS notices in their own tasks. Use section 93 for a transport accident and section 343 for workplace damages. Do not swap them. |
| Written for | Victoria |
| Applies to | [Work out the statutory compensation brought to account when damages are recovered](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-statutory-compensation-brought-to-account-when-damages-are.md) |

## Checking plan

**Verify against sources**

The lawyer applies section 93 or section 343. The tool lists only the exclusions and reductions those sections state.

- What the AI does: In a firm-controlled tool, list each amount the opened sections exclude from damages or deduct from them, with the section, and leave Medicare, Centrelink and NDIS notices to their own tasks. The tool does not insert a repayment section that was not opened.
- 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. For transport-accident damages, use section 93(10), (11) and (11A) only.
2. Do not treat the $500,000 figure printed in section 93(9) as the current ceiling.
3. For workplace damages in proceedings referred to in section 326, use section 343. Subsection (2) puts that reduction of a judgment before any Wrongs Act section 26(1) reduction.
4. The TAC page's Centrelink deduction is recorded and calculated in the live Centrelink task.

## Notes

- Transport Accident Act 1986 section 93(10) says damages under that section shall not include: for pecuniary loss damages under subsection (7), pecuniary loss suffered in the 18 months after the transport accident; any loss from costs or expenses of a kind in section 60; professional administration costs of a kind in section 62A; or the value of services of a domestic nature, or services relating to nursing and attendance, which have been or are to be provided by another person, where the person has not paid and is not and will not be liable to pay. Section 93(11) reduces damages under subsection (7). For pecuniary loss, the reduction is compensation paid under sections 49, 50 and 51 where the person was entitled, or, where section 37 meant there was no entitlement, compensation paid for lost earnings other than earnings lost in the first 18 months. For pain and suffering, it is compensation paid under sections 47 and 54 where the person was entitled, or, where section 37 applied, compensation paid otherwise than for lost earnings or other pecuniary loss. Section 93(11A) reduces damages under subsection (8): where compensation was payable for the death, by compensation paid under sections 57, 58 and 59; where section 37 meant it was not, by compensation paid for loss of expectation of financial support, other than of a kind to which section 60 applies, under a scheme specified in section 37. Section 93(9) prints a $500,000 ceiling for certain death damages. Do not treat that printed figure as current.
- The TAC page says certain no-fault benefits must be repaid and are usually offset, and it cites section 93(11). It says a settlement or award generally does not stop ongoing medical and like expenses, citing sections 60 and 93(10). It says the TAC will not apply sections 93(10) and 93(11) to reduce damages where the losses were paid under the Act the page names as the Safety Rehabilitation and Compensation Act 1988. It also says that, when on notice, it deducts Centrelink, citing Social Security Act 1991 section 1184. That deduction is recorded here and calculated in the live Centrelink task. Section 53(2), which the page cites for benefits ceasing, was not opened.
- Workplace Injury Rehabilitation and Compensation Act 2013 section 343(1) reduces a judgment, order for damages, settlement or compromise in proceedings referred to in section 326. For pecuniary loss, the reduction is compensation paid otherwise than under Division 5 or Division 7 of Part 5, or to the extent Transport Accident Act section 93(10)(a) applies, except compensation paid for the 18 months after the relevant transport accident. For non-pecuniary loss, it is compensation paid under Division 5 of Part 5 or Accident Compensation Act sections 98C or 98E. Subsection (2) requires that reduction of a judgment to be made before any reduction under Wrongs Act section 26(1).

## Practical guide

Jurisdiction: Victoria: statutory compensation excluded or deducted when damages are recovered

**Deliverable**: A schedule of statutory exclusions and deductions, each tied to section 93 or section 343.

**Inputs**

- The damages heads the lawyer lists
- Compensation already paid, as the lawyer accepts it
- Whether the claim is transport-accident or workplace damages

**Example**: Illustrative example: A transport-accident settlement includes past earnings and a medical invoice. The schedule excludes the first 18 months of pecuniary loss under section 93(10)(a) and leaves section 60 expenses on the TAC line. It does not prepare a Medicare notice.

**Stop and escalate when**

- The tool would insert a repayment section that was not opened.
- The tool would treat the printed section 93(9) figure as current.

Checked 2026-10-23.

## Sources

- [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)
- [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) section 343](https://classic.austlii.edu.au/au/legis/vic/consol_act/wiraca2013484/s343.html) (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.*