Letter · Personal Injury & Compensation

Request that the Transport Accident Commission accept a late Part 3 claim

Letter asking the Transport Accident Commission to accept a Part 3 claim made after one year and before three years, setting out the grounds for the delay.

Kind: Letter. A letter or email you adapt and send.
Where it applies: Victoria
AI use: Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at: 23 October 2026
Status: Maintained. Checked on 23 October 2026 against the 2 authorities it cites, for Victoria.
Version: 1
Source: Written for this library

When to use it

Use when a Victorian transport accident claim for compensation under Part 3 was not made within one year, and the firm asks the Commission to accept it under section 68(2). Do not use it after three years, or for a serious injury certificate.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool may turn the instructions and the documents into a dated explanation of the delay, and the lawyer decides whether the grounds are reasonable and whether section 68 still allows acceptance.

AI may

Put the accident date, the first manifestation date and the claim date into the letter from the file
List the documents that show why the claim was late, in date order
Flag a file where the accident date is already three years past, or where the person was under 18

AI must not

Must not assert that the Commission will accept the claim, or that the grounds are reasonable
Must not draft a statutory declaration or an affidavit explaining the delay
Must not send health information to a tool outside the firm's approved environment

The lawyer checks

Section 68(1) to (3) are read on the current Act, including whether time runs from the accident, the death, or the first manifestation
The request is still inside the three-year outer period in section 68(2), unless section 68(3) applies
The explanation matches the instructions and the documents, and does not fill gaps
Health, wage and scheme records stay in the firm's approved tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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