Letter · Personal Injury & Compensation

Request to the Transport Accident Commission for a serious injury certificate

Letter asking the Transport Accident Commission to determine impairment and, if it is under 30 per cent, to issue a serious injury certificate for a common law damages claim.

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 3 authorities it cites, for Victoria.
Version: 1
Source: Written for this library

When to use it

Use when a person with an accepted Victorian transport accident claim asks the Commission to decide whether the injury is a serious injury, before any court application. Do not use it to lodge the first Part 3 claim, or to draft an affidavit.

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 assemble the letter and the attachment index from the claim file, and the lawyer decides whether the injury meets the statutory test and writes any affidavit.

AI may

List the impairment figures, treating reports and stability comments already in the file
Draft the request letter with square-bracket gaps for dates, the accident and the injuries
Build an index of the reports to be enclosed, marked against the injury they address

AI must not

Must not decide that an injury is a serious injury, or that a 30 per cent determination already exists
Must not draft the affidavit or the court application for leave under section 93(4)(d)
Must not put health information into a public tool, or a tool that trains on the firm's inputs

The lawyer checks

Section 93(2) to (4) and the section 93(17) definition are read on the current in-force Act before the letter is sent
The Part 3 claim is accepted, the injuries are stable enough for an impairment determination, and negligence is a separate question
Any court application and affidavit are written by the lawyer, and a copy is served as section 93(5) requires
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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The summary, the law it rests on and the AI-use guidance above stay public. Privacy.

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