---
title: "Request that the Transport Accident Commission accept a late Part 3 claim"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/vic-tac-late-part-3-claim"
type: "precedent"
site: "AI Law Framework"
id: "a21-vic-tac-late-part-3-claim"
area_id: "A21"
kind: "letter"
ai_level: "yellow"
version: 1
task_ids: ["A21-T1-R1", "A21-T1-R5", "A21-WR20261022-12"]
law_stated_as_at: "2026-10-23"
---

# 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.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/vic-tac-late-part-3-claim  
Law stated as at: 2026-10-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: Victoria
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-23
- Status: Maintained. Checked on 2026-10-23 against the 2 authorities it cites, for Victoria.

## 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

- [Calculate limitation and pre-action notice deadlines from the injury facts](https://ailawframework.com/practice/personal-injury-and-compensation/calculate-limitation-and-pre-action-notice-deadlines-from-the-injury-fac.md)
- [Draft the pre-action notice or statutory claim form from the instructions](https://ailawframework.com/practice/personal-injury-and-compensation/draft-the-pre-action-notice-or-statutory-claim-form-from-the-instruction.md)
- [Record the time to give notice of a statutory-benefits claim](https://ailawframework.com/practice/personal-injury-and-compensation/record-the-time-to-give-notice-of-a-statutory-benefits-claim.md)

## 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).

## Authorities

- [Transport Accident Act 1986 (Vic) s 68 (one year, Commission acceptance before three years if reasonable grounds, and the timing for a person who was under 18), as read on the AustLII consolidation](https://classic.austlii.edu.au/au/legis/vic/consol_act/taa1986204/s68.html)
- [Transport Accident Commission, Making a Claim for Compensation (one year, three years with reasonable grounds, and the position for a person under 18)](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/making-a-claim-for-compensation)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/vic-tac-late-part-3-claim and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*