---
title: "Request to the Transport Accident Commission for a serious injury certificate"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/vic-tac-serious-injury-certificate-request"
type: "precedent"
site: "AI Law Framework"
id: "a21-vic-tac-serious-injury-certificate-request"
area_id: "A21"
kind: "letter"
ai_level: "yellow"
version: 1
task_ids: ["A21-T1-R1", "A21-T1-R5", "A21-WR20261022-1"]
law_stated_as_at: "2026-10-23"
---

# 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.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/vic-tac-serious-injury-certificate-request  
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 3 authorities it cites, for Victoria.

## 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

- [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)
- [Test an injury against the statutory threshold for benefits or damages](https://ailawframework.com/practice/personal-injury-and-compensation/test-an-injury-against-the-statutory-threshold-for-benefits-or-damages.md)

## 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).

## Authorities

- [Transport Accident Act 1986 (Vic) s 93 (serious injury gateway, 30 per cent deeming, certificate or court leave, and the definition of serious injury), as read on the AustLII consolidation](https://classic.austlii.edu.au/au/legis/vic/consol_act/taa1986204/s93.html)
- [Transport Accident Commission, Claims for Common Law Damages (accepted Part 3 claim, 30 per cent or a serious injury certificate, County Court if refused, six-year note)](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/lump-sum-damages-common-law)
- [Transport Accident Act 1986 (Vic) s 68 (time for a Part 3 claim), as read on the AustLII consolidation](https://classic.austlii.edu.au/au/legis/vic/consol_act/taa1986204/s68.html)

## 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-serious-injury-certificate-request 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.*