TAC Protocols

In 2005 the TAC Protocols were established by agreement between the Transport Accident Commission (TAC), the Australian Lawyers Alliance (ALA) and the Law Institute of Victoria (LIV).  The TAC Protocols were designed to provide an efficient, expeditious and transparent process to deliver appropriate benefits and compensation to people who sustain an injury as a consequence of a transport accident (claimants).

Over almost 20 years the TAC Protocols have improved benefit delivery to claimants and successfully mitigated legal costs, disputes and lengthy litigation.

In 2015 representatives from the TAC, ALA and LIV worked together to identify ways to enhance the operation of the TAC Protocols and further improve the efficient and effective delivery of outcomes for TAC claimants. In partnership, they developed joint commitments and success measures and endorsed the revised 2016 TAC Protocols.

All applications lodged with the TAC on or after 1 July 2016 are pursuant to the revised Protocols.

The 2016 Common Law Protocols introduced the new concept of a serious injury conference (chapter 11) as a two-year pilot. The serious injury conference pilot was subsequently reviewed in June 2018 and, based on its success, TAC, ALA and LIV agreed to include it as a permanent feature of the 2016 Common Law Protocols.

In 2020 the Common Law Protocols were further revised to identify earlier those clients with a clear serious injury and recognise their common law eligibility sooner. The Supplementary Common Law Protocols were agreed upon.

In 2022, the Common Law Time Limit Protocols were introduced to replace the waiver policy and to accommodate Serious Injury applications received outside the six-year limitation period.

In 2023, the Inclusion and Diversity: Shared Commitment was launched, describing a pledge to work together to create safer and more equitable workplaces.

The TAC Protocols now cover Impairment Assessment, Serious Injury, Joint Medical Examinations, Common Law, Common Law Time Limits, No Fault Dispute Resolution, Use of Authority to Release Information, and Inclusion and Diversity.

More information about all the TAC Protocols is below.

About the TAC Protocols

In 2005 the TAC Protocols were established by agreement between the Transport Accident Commission (TAC), the Australian Lawyers Alliance (ALA) and the Law Institute of Victoria (LIV).  The TAC Protocols were designed to provide an efficient, expeditious and transparent process to deliver appropriate benefits and compensation to people who sustain an injury as a consequence of a transport accident (claimants).

Over almost 20 years the TAC Protocols have improved benefit delivery to claimants and successfully mitigated legal costs, disputes and lengthy litigation.

In 2015 representatives from the TAC, ALA and LIV worked together to identify ways to enhance the operation of the TAC Protocols and further improve the efficient and effective delivery of outcomes for TAC claimants. In partnership, they developed joint commitments and success measures and endorsed the revised 2016 TAC Protocols.

All applications lodged with the TAC on or after 1 July 2016 are pursuant to the revised Protocols.

The 2016 Common Law Protocols introduced the new concept of a serious injury conference (chapter 11) as a two-year pilot. The serious injury conference pilot was subsequently reviewed in June 2018 and, based on its success, TAC, ALA and LIV agreed to include it as a permanent feature of the 2016 Common Law Protocols.

In 2020 the Common Law Protocols were further revised to identify earlier those clients with a clear serious injury and recognise their common law eligibility sooner. The Supplementary Common Law Protocols were agreed upon.

In 2022, the Common Law Time Limit Protocols were introduced to replace the waiver policy and to accommodate Serious Injury applications received outside the six-year limitation period.

In 2023, the Inclusion and Diversity: Shared Commitment was launched, describing a pledge to work together to create safer and more equitable workplaces.

The TAC Protocols now cover Impairment Assessment, Serious Injury, Joint Medical Examinations, Common Law, Common Law Time Limits, No Fault Dispute Resolution, Use of Authority to Release Information, and Inclusion and Diversity.

More information about all the TAC Protocols is below.

In 2020 we reflected on how the TAC Protocols have improved access to justice for our clients and delivered entitlements faster, by working efficiently with plaintiff solicitors.

As part of the TAC’s 2020 strategy, we had a goal of getting our clients’ lives back on track sooner. Nobody chooses to be in an accident and as a social insurer, the TAC is committed to supporting those impacted by road trauma.

Our approach to this has been to better understand the needs of our clients in order to better tailor our response to those needs. That is also at the core of our approach to delivering common law compensation.

The Supplementary Common Law Protocols help us identify people with serious injuries earlier and recognise their common law eligibility sooner.  They provide a process for the following scenarios which are not covered by the 2016 Common Law Protocols:

  • Proactive common law eligibility decisions;
  • A ‘fast track’ process for serious injury applications;
  • Partial common law settlements; and
  • Interim common law payments.

The Supplementary Common Law Protocols are to be read in conjunction with the 2016 Protocols. They do not replace the 2016 Protocols.

All applications lodged with the TAC on or after 1 January 2020 are pursuant to both the 2016 Protocols and the Supplementary Common Law Protocols.

Supplementary Common Law Protocols

In 2020 we reflected on how the TAC Protocols have improved access to justice for our clients and delivered entitlements faster, by working efficiently with plaintiff solicitors.

As part of the TAC’s 2020 strategy, we had a goal of getting our clients’ lives back on track sooner. Nobody chooses to be in an accident and as a social insurer, the TAC is committed to supporting those impacted by road trauma.

Our approach to this has been to better understand the needs of our clients in order to better tailor our response to those needs. That is also at the core of our approach to delivering common law compensation.

The Supplementary Common Law Protocols help us identify people with serious injuries earlier and recognise their common law eligibility sooner.  They provide a process for the following scenarios which are not covered by the 2016 Common Law Protocols:

  • Proactive common law eligibility decisions;
  • A ‘fast track’ process for serious injury applications;
  • Partial common law settlements; and
  • Interim common law payments.

The Supplementary Common Law Protocols are to be read in conjunction with the 2016 Protocols. They do not replace the 2016 Protocols.

All applications lodged with the TAC on or after 1 January 2020 are pursuant to both the 2016 Protocols and the Supplementary Common Law Protocols.

The TAC is committed to accommodating reasonable requests to extend time, provided there is an explanation for the delay and there is reasonable cooperation with the TAC in providing information.

The Time Limit Protocols are intended to protect the interests of plaintiffs while also ensuring the timely and efficient progress of extension of time applications/serious injury/common law claims.

The Common Law Time Limit Protocols are to be read in conjunction with the Supplementary Common Law Protocols 2020 and the 2016 Protocols. They do not replace the 2020 or 2016 Protocols.

This Protocol applies to all applications lodged after 1 November 2022 for a serious injury certificate pursuant to the Common Law Protocols or Supplementary Common Law Protocols that are made out of time.

IMPORTANT
To apply, TAC must indemnify the defendant/s or be the defendant pursuant to Section 94(7) or Section 96 of the TAA.

Common Law Time Limit Protocols

The TAC is committed to accommodating reasonable requests to extend time, provided there is an explanation for the delay and there is reasonable cooperation with the TAC in providing information.

The Time Limit Protocols are intended to protect the interests of plaintiffs while also ensuring the timely and efficient progress of extension of time applications/serious injury/common law claims.

The Common Law Time Limit Protocols are to be read in conjunction with the Supplementary Common Law Protocols 2020 and the 2016 Protocols. They do not replace the 2020 or 2016 Protocols.

This Protocol applies to all applications lodged after 1 November 2022 for a serious injury certificate pursuant to the Common Law Protocols or Supplementary Common Law Protocols that are made out of time.

IMPORTANT
To apply, TAC must indemnify the defendant/s or be the defendant pursuant to Section 94(7) or Section 96 of the TAA.

The Inclusion and Diversity: Shared Commitment is a pact endorsed by the TAC and the Australian Lawyers Association (ALA), and is currently under consideration by the Law Institute of Victoria (LIV), to work together to create safer and more equitable workplaces.

It follows the release of several reports that highlighted concerning behaviours in the sector, including discrimination and sexual harassment. This shared commitment is a pledge to do better. It incorporates the standards, guidelines, and contemporary expectations needed to rid our profession of poor practices and improve diversity and inclusion.

Through greater transparency and stepped-up reporting, it aims to give everyone who participates in the Protocols confidence that they will be given equal opportunities, fair treatment, and respect, regardless of age, gender, religion, heritage, sexual orientation or disability.

Inclusion and Diversity: Shared Commitment

The Inclusion and Diversity: Shared Commitment is a pact endorsed by the TAC and the Australian Lawyers Association (ALA), and is currently under consideration by the Law Institute of Victoria (LIV), to work together to create safer and more equitable workplaces.

It follows the release of several reports that highlighted concerning behaviours in the sector, including discrimination and sexual harassment. This shared commitment is a pledge to do better. It incorporates the standards, guidelines, and contemporary expectations needed to rid our profession of poor practices and improve diversity and inclusion.

Through greater transparency and stepped-up reporting, it aims to give everyone who participates in the Protocols confidence that they will be given equal opportunities, fair treatment, and respect, regardless of age, gender, religion, heritage, sexual orientation or disability.

In 2005 the TAC Protocols were established by agreement between the Transport Accident Commission (TAC), the Australian Lawyers Alliance (ALA) and the Law Institute of Victoria (LIV).  The TAC Protocols were designed to provide an efficient, expeditious and transparent process to deliver appropriate benefits and compensation to people who sustain an injury as a consequence of a transport accident (claimants).

Over almost 20 years the TAC Protocols have improved benefit delivery to claimants and successfully mitigated legal costs, disputes and lengthy litigation.

In 2015 representatives from the TAC, ALA and LIV worked together to identify ways to enhance the operation of the TAC Protocols and further improve the efficient and effective delivery of outcomes for TAC claimants. In partnership, they developed joint commitments and success measures and endorsed the revised 2016 TAC Protocols.

All applications lodged with the TAC on or after 1 July 2016 are pursuant to the revised Protocols.

The 2016 Common Law Protocols introduced the new concept of a serious injury conference (chapter 11) as a two-year pilot. The serious injury conference pilot was subsequently reviewed in June 2018 and, based on its success, TAC, ALA and LIV agreed to include it as a permanent feature of the 2016 Common Law Protocols.

In 2020 the Common Law Protocols were further revised to identify earlier those clients with a clear serious injury and recognise their common law eligibility sooner. The Supplementary Common Law Protocols were agreed upon.

In 2022, the Common Law Time Limit Protocols were introduced to replace the waiver policy and to accommodate Serious Injury applications received outside the six-year limitation period.

In 2023, the Inclusion and Diversity: Shared Commitment was launched, describing a pledge to work together to create safer and more equitable workplaces.

The TAC Protocols now cover Impairment Assessment, Serious Injury, Joint Medical Examinations, Common Law, Common Law Time Limits, No Fault Dispute Resolution, Use of Authority to Release Information, and Inclusion and Diversity.

More information about all the TAC Protocols is below.

About the TAC Protocols

In 2005 the TAC Protocols were established by agreement between the Transport Accident Commission (TAC), the Australian Lawyers Alliance (ALA) and the Law Institute of Victoria (LIV).  The TAC Protocols were designed to provide an efficient, expeditious and transparent process to deliver appropriate benefits and compensation to people who sustain an injury as a consequence of a transport accident (claimants).

Over almost 20 years the TAC Protocols have improved benefit delivery to claimants and successfully mitigated legal costs, disputes and lengthy litigation.

In 2015 representatives from the TAC, ALA and LIV worked together to identify ways to enhance the operation of the TAC Protocols and further improve the efficient and effective delivery of outcomes for TAC claimants. In partnership, they developed joint commitments and success measures and endorsed the revised 2016 TAC Protocols.

All applications lodged with the TAC on or after 1 July 2016 are pursuant to the revised Protocols.

The 2016 Common Law Protocols introduced the new concept of a serious injury conference (chapter 11) as a two-year pilot. The serious injury conference pilot was subsequently reviewed in June 2018 and, based on its success, TAC, ALA and LIV agreed to include it as a permanent feature of the 2016 Common Law Protocols.

In 2020 the Common Law Protocols were further revised to identify earlier those clients with a clear serious injury and recognise their common law eligibility sooner. The Supplementary Common Law Protocols were agreed upon.

In 2022, the Common Law Time Limit Protocols were introduced to replace the waiver policy and to accommodate Serious Injury applications received outside the six-year limitation period.

In 2023, the Inclusion and Diversity: Shared Commitment was launched, describing a pledge to work together to create safer and more equitable workplaces.

The TAC Protocols now cover Impairment Assessment, Serious Injury, Joint Medical Examinations, Common Law, Common Law Time Limits, No Fault Dispute Resolution, Use of Authority to Release Information, and Inclusion and Diversity.

More information about all the TAC Protocols is below.

In 2020 we reflected on how the TAC Protocols have improved access to justice for our clients and delivered entitlements faster, by working efficiently with plaintiff solicitors.

As part of the TAC’s 2020 strategy, we had a goal of getting our clients’ lives back on track sooner. Nobody chooses to be in an accident and as a social insurer, the TAC is committed to supporting those impacted by road trauma.

Our approach to this has been to better understand the needs of our clients in order to better tailor our response to those needs. That is also at the core of our approach to delivering common law compensation.

The Supplementary Common Law Protocols help us identify people with serious injuries earlier and recognise their common law eligibility sooner.  They provide a process for the following scenarios which are not covered by the 2016 Common Law Protocols:

  • Proactive common law eligibility decisions;
  • A ‘fast track’ process for serious injury applications;
  • Partial common law settlements; and
  • Interim common law payments.

The Supplementary Common Law Protocols are to be read in conjunction with the 2016 Protocols. They do not replace the 2016 Protocols.

All applications lodged with the TAC on or after 1 January 2020 are pursuant to both the 2016 Protocols and the Supplementary Common Law Protocols.

Supplementary Common Law Protocols

In 2020 we reflected on how the TAC Protocols have improved access to justice for our clients and delivered entitlements faster, by working efficiently with plaintiff solicitors.

As part of the TAC’s 2020 strategy, we had a goal of getting our clients’ lives back on track sooner. Nobody chooses to be in an accident and as a social insurer, the TAC is committed to supporting those impacted by road trauma.

Our approach to this has been to better understand the needs of our clients in order to better tailor our response to those needs. That is also at the core of our approach to delivering common law compensation.

The Supplementary Common Law Protocols help us identify people with serious injuries earlier and recognise their common law eligibility sooner.  They provide a process for the following scenarios which are not covered by the 2016 Common Law Protocols:

  • Proactive common law eligibility decisions;
  • A ‘fast track’ process for serious injury applications;
  • Partial common law settlements; and
  • Interim common law payments.

The Supplementary Common Law Protocols are to be read in conjunction with the 2016 Protocols. They do not replace the 2016 Protocols.

All applications lodged with the TAC on or after 1 January 2020 are pursuant to both the 2016 Protocols and the Supplementary Common Law Protocols.

The TAC is committed to accommodating reasonable requests to extend time, provided there is an explanation for the delay and there is reasonable cooperation with the TAC in providing information.

The Time Limit Protocols are intended to protect the interests of plaintiffs while also ensuring the timely and efficient progress of extension of time applications/serious injury/common law claims.

The Common Law Time Limit Protocols are to be read in conjunction with the Supplementary Common Law Protocols 2020 and the 2016 Protocols. They do not replace the 2020 or 2016 Protocols.

This Protocol applies to all applications lodged after 1 November 2022 for a serious injury certificate pursuant to the Common Law Protocols or Supplementary Common Law Protocols that are made out of time.

IMPORTANT
To apply, TAC must indemnify the defendant/s or be the defendant pursuant to Section 94(7) or Section 96 of the TAA.

Common Law Time Limit Protocols

The TAC is committed to accommodating reasonable requests to extend time, provided there is an explanation for the delay and there is reasonable cooperation with the TAC in providing information.

The Time Limit Protocols are intended to protect the interests of plaintiffs while also ensuring the timely and efficient progress of extension of time applications/serious injury/common law claims.

The Common Law Time Limit Protocols are to be read in conjunction with the Supplementary Common Law Protocols 2020 and the 2016 Protocols. They do not replace the 2020 or 2016 Protocols.

This Protocol applies to all applications lodged after 1 November 2022 for a serious injury certificate pursuant to the Common Law Protocols or Supplementary Common Law Protocols that are made out of time.

IMPORTANT
To apply, TAC must indemnify the defendant/s or be the defendant pursuant to Section 94(7) or Section 96 of the TAA.

The Inclusion and Diversity: Shared Commitment is a pact endorsed by the TAC and the Australian Lawyers Association (ALA), and is currently under consideration by the Law Institute of Victoria (LIV), to work together to create safer and more equitable workplaces.

It follows the release of several reports that highlighted concerning behaviours in the sector, including discrimination and sexual harassment. This shared commitment is a pledge to do better. It incorporates the standards, guidelines, and contemporary expectations needed to rid our profession of poor practices and improve diversity and inclusion.

Through greater transparency and stepped-up reporting, it aims to give everyone who participates in the Protocols confidence that they will be given equal opportunities, fair treatment, and respect, regardless of age, gender, religion, heritage, sexual orientation or disability.

Inclusion and Diversity: Shared Commitment

The Inclusion and Diversity: Shared Commitment is a pact endorsed by the TAC and the Australian Lawyers Association (ALA), and is currently under consideration by the Law Institute of Victoria (LIV), to work together to create safer and more equitable workplaces.

It follows the release of several reports that highlighted concerning behaviours in the sector, including discrimination and sexual harassment. This shared commitment is a pledge to do better. It incorporates the standards, guidelines, and contemporary expectations needed to rid our profession of poor practices and improve diversity and inclusion.

Through greater transparency and stepped-up reporting, it aims to give everyone who participates in the Protocols confidence that they will be given equal opportunities, fair treatment, and respect, regardless of age, gender, religion, heritage, sexual orientation or disability.

If you are submitting a serious injury application involving an economic loss, it will assist the TAC and avoid delays if you include supporting financial documents in the application.  This guide lists the documents that will assist the TAC.

Common Law Protocols financial documents guide

If you are submitting a serious injury application involving an economic loss, it will assist the TAC and avoid delays if you include supporting financial documents in the application.  This guide lists the documents that will assist the TAC.

This guide is a tool to help both the TAC and plaintiff solicitors to provide relevant and timely medical material to examiners.

It was developed in consultation with the Joint Medical Examination Reference Group and is to be used in a practical and flexible manner. Both parties have equal responsibility to ensure only necessary information is provided to examiners, to facilitate the completion of high-quality assessments in a timely manner.

Please provide all questions and material to the examiner at the earliest possible opportunity, but no later than 48 hours prior to the appointment date. This is to allow examiners sufficient time to review the medical material to adequately prepare for the examination and to avoid the possibility of the appointment needing to be rescheduled.

Impairment JME documents guide

This guide is a tool to help both the TAC and plaintiff solicitors to provide relevant and timely medical material to examiners.

It was developed in consultation with the Joint Medical Examination Reference Group and is to be used in a practical and flexible manner. Both parties have equal responsibility to ensure only necessary information is provided to examiners, to facilitate the completion of high-quality assessments in a timely manner.

Please provide all questions and material to the examiner at the earliest possible opportunity, but no later than 48 hours prior to the appointment date. This is to allow examiners sufficient time to review the medical material to adequately prepare for the examination and to avoid the possibility of the appointment needing to be rescheduled.

2016 Protocols Process Maps

Information sessions

The TAC, ALA, and LIV are committed to supporting practitioners to understand the Protocols.

An information session was held on 13 December 2019 at which the TAC, ALA and LIV presented a summary of changes arising out of the Supplementary Common Law Protocols. This was also an opportunity for attendees to ask questions.

A video of the presentation held at the Law Institute of Victoria is available below.

video thumbnail

Supplementary Protocols information session

Information sessions

The TAC, ALA, and LIV are committed to supporting practitioners to understand the Protocols.

An information session was held on 13 December 2019 at which the TAC, ALA and LIV presented a summary of changes arising out of the Supplementary Common Law Protocols. This was also an opportunity for attendees to ask questions.

A video of the presentation held at the Law Institute of Victoria is available below.

video thumbnail

Sometimes a legal practitioner may consider the conduct of a TAC employee to be inconsistent with the TAC’s values. Please refer to this document for guidance on how to raise this with the TAC.

The following document provides avenues of resolution where parties may be unable to reach an agreement on Protocol costs and disbursements.

A dedicated email address has also been created by the LIV for Protocol enquiries: Protocol-enquiries@liv.asn.au

ALA and LIV members may refer issues and/or improvement opportunities to this address. All emails will be referred to the respective Committees for consideration and where appropriate, referred to the Protocol Forum or Legal Liaison Group.

Protocols support

Sometimes a legal practitioner may consider the conduct of a TAC employee to be inconsistent with the TAC’s values. Please refer to this document for guidance on how to raise this with the TAC.

The following document provides avenues of resolution where parties may be unable to reach an agreement on Protocol costs and disbursements.

A dedicated email address has also been created by the LIV for Protocol enquiries: Protocol-enquiries@liv.asn.au

ALA and LIV members may refer issues and/or improvement opportunities to this address. All emails will be referred to the respective Committees for consideration and where appropriate, referred to the Protocol Forum or Legal Liaison Group.

We have chosen to keep the information below on our website for archive purposes. This information may be of interest to anyone who wants to understand the history and evolution of the TAC Protocols.

Transition period, 2005 to 2016 Protocols

Applications lodged prior to 1 July 2016 will continue to be governed by the 2005 Protocols. However, in order to support the transition and avoid any potential delays for claimants, it was agreed that the TAC will pay the increased price points for all Protocols applications lodged on or after 29 February 2016.

All costs below reflect the CPI inflation index updated from 1 January 2016.

Transitional Legal costs were applicable to Protocols applications lodged for the period 29 February 2016 to 30 June 2016.

The impairment bypass and serious injury conference uplifts will not apply until the revised Protocols commence on 1 July 2016.

Protocols 2005

Please see below for information applicable to Protocols applications lodged prior to 1 July 2016.

Protocols 2005 Price points

Legal costs for all Protocol applications lodged before 29 February 2016:

Archive - 2005 Protocols

We have chosen to keep the information below on our website for archive purposes. This information may be of interest to anyone who wants to understand the history and evolution of the TAC Protocols.

Transition period, 2005 to 2016 Protocols

Applications lodged prior to 1 July 2016 will continue to be governed by the 2005 Protocols. However, in order to support the transition and avoid any potential delays for claimants, it was agreed that the TAC will pay the increased price points for all Protocols applications lodged on or after 29 February 2016.

All costs below reflect the CPI inflation index updated from 1 January 2016.

Transitional Legal costs were applicable to Protocols applications lodged for the period 29 February 2016 to 30 June 2016.

The impairment bypass and serious injury conference uplifts will not apply until the revised Protocols commence on 1 July 2016.

Protocols 2005

Please see below for information applicable to Protocols applications lodged prior to 1 July 2016.

Protocols 2005 Price points

Legal costs for all Protocol applications lodged before 29 February 2016:

As part of the Protocols Optimisation program, the TAC, ALA and LIV are trialling a new approach to dispute resolution, designed to improve efficiency and support earlier outcomes for clients.

The Dispute Pathways Innovation Trial introduces changes to the Dispute Resolution Application Form to enable better triage and more proactive engagement in resolving disputes.

The trial will commence on 19 March 2025 and run initially for three months. A joint review of the trial outcomes will take place in June 2025. Any recommendations or adjustments will be made via the Protocols Working Group.

New information requested on the Dispute Application Form

To facilitate faster triage and outcomes for clients, Lawyers will now be asked to identify:

  • The dispute type: Fast Track, Time Limit, or Standard.
  • The outcome the client is seeking (noting that this is on a without prejudice basis and does not affect the client’s right to explore other options or revise their position).

These changes aim to provide greater clarity on client goals and enable the TAC to proactively assess opportunities for resolution at the earliest stage.

Dispute Pathways Categories

Fast Track

For disputes lodged within one month of the TAC's decision, related to:

  • TAC claim eligibility
  • Income
  • Surgery (within three months of the scheduled surgery date)
  • Urgent hospital admission

Lawyer will receive direct communication from the TAC via phone or email to agree on the next steps which may include a priority conference. The provision of 28-day documentation will be subject to this agreement.

Time Limit

For disputes lodged to preserve a client’s right to review, while necessary lodgement information is collected or a concurrent matter is resolved. The Lawyer must nominate a review date no later than 120 days away, upon which they anticipate the matter will be ready to proceed or an update will be provided to the TAC.

Lawyer will receive an acknowledgment of receipt from the TAC and confirmation of the review date provided. A pre-issue review will not commence, and 28-day documentation will not be automatically provided following lodgement. The pre-issue review may commence after the nominated review date, once it is confirmed that the matter is ready to proceed.

Standard

When Fast Track and Time Limit pathways do not apply. A pre-issue review will commence and 28-day documentation will be provided following lodgement.

Signed Client Statement

Historically, the TAC’s requirement for a signed client statement, as outlined in the No Fault Dispute Resolution Protocol, has been inconsistent.

To deliver effective outcomes for clients, it is critical that they are fully engaged in the resolution process and able to provide instructions in a timely manner.

As part of this trial, we will establish a consistent requirement that emphasises the role of the client in the resolution process. This will enable both lawyers and the TAC to meet their obligations under the Protocols.

We will test the following timing requirements for signed client statements:

  • Fast Track – Lawyer to provide signed client statement by agreement of parties.
  • Time Limit - Lawyer should provide signed client statement within 120 days from DR lodgement or another date by agreement of parties.
  • Standard - Lawyer should provide signed client statement at DR lodgement.

We appreciate your support as we trial this new approach to streamline dispute resolution, enhance client outcomes, and improve the transparency and integrity of the Protocols.

March 2025: Dispute Pathways Innovation Trial

As part of the Protocols Optimisation program, the TAC, ALA and LIV are trialling a new approach to dispute resolution, designed to improve efficiency and support earlier outcomes for clients.

The Dispute Pathways Innovation Trial introduces changes to the Dispute Resolution Application Form to enable better triage and more proactive engagement in resolving disputes.

The trial will commence on 19 March 2025 and run initially for three months. A joint review of the trial outcomes will take place in June 2025. Any recommendations or adjustments will be made via the Protocols Working Group.

New information requested on the Dispute Application Form

To facilitate faster triage and outcomes for clients, Lawyers will now be asked to identify:

  • The dispute type: Fast Track, Time Limit, or Standard.
  • The outcome the client is seeking (noting that this is on a without prejudice basis and does not affect the client’s right to explore other options or revise their position).

These changes aim to provide greater clarity on client goals and enable the TAC to proactively assess opportunities for resolution at the earliest stage.

Dispute Pathways Categories

Fast Track

For disputes lodged within one month of the TAC's decision, related to:

  • TAC claim eligibility
  • Income
  • Surgery (within three months of the scheduled surgery date)
  • Urgent hospital admission

Lawyer will receive direct communication from the TAC via phone or email to agree on the next steps which may include a priority conference. The provision of 28-day documentation will be subject to this agreement.

Time Limit

For disputes lodged to preserve a client’s right to review, while necessary lodgement information is collected or a concurrent matter is resolved. The Lawyer must nominate a review date no later than 120 days away, upon which they anticipate the matter will be ready to proceed or an update will be provided to the TAC.

Lawyer will receive an acknowledgment of receipt from the TAC and confirmation of the review date provided. A pre-issue review will not commence, and 28-day documentation will not be automatically provided following lodgement. The pre-issue review may commence after the nominated review date, once it is confirmed that the matter is ready to proceed.

Standard

When Fast Track and Time Limit pathways do not apply. A pre-issue review will commence and 28-day documentation will be provided following lodgement.

Signed Client Statement

Historically, the TAC’s requirement for a signed client statement, as outlined in the No Fault Dispute Resolution Protocol, has been inconsistent.

To deliver effective outcomes for clients, it is critical that they are fully engaged in the resolution process and able to provide instructions in a timely manner.

As part of this trial, we will establish a consistent requirement that emphasises the role of the client in the resolution process. This will enable both lawyers and the TAC to meet their obligations under the Protocols.

We will test the following timing requirements for signed client statements:

  • Fast Track – Lawyer to provide signed client statement by agreement of parties.
  • Time Limit - Lawyer should provide signed client statement within 120 days from DR lodgement or another date by agreement of parties.
  • Standard - Lawyer should provide signed client statement at DR lodgement.

We appreciate your support as we trial this new approach to streamline dispute resolution, enhance client outcomes, and improve the transparency and integrity of the Protocols.

The TAC is improving a number of forms used by legal professionals, including those for Joint Medical Examinations (JMEs). These changes are effective from Tuesday 19 March 2025.

The following forms can be accessed under the Resources tab.

New option on the JME Request Form

A new option will be available on the JME Request Form to indicate the purpose of the examination. This will allow legal professionals to select the purpose of the exam is for ‘Impairment and Serious Injury (dual purpose)’.

Legal professionals should select this option when both types of compensation are relevant to their client’s case, supporting efficient handling, reducing the need for future IMEs and enabling clients to follow their best path to compensation.

Please note that the TAC is working to align our internal processes with this new dual purpose selection option. We appreciate your patience and understanding as we make these changes to our internal processes.

New online JME Supplementary Request Form

An online JME Supplementary Request Form will be available. This will allow legal professionals to request approval for a supplementary report to help streamline the review process.

New web addresses for TAC Protocols forms

These online TAC Protocols forms will have new URLs and minor changes to improve usability:

  • JME Request Form
  • JME Reschedule Form
  • Impairment Application Form
  • Serious Injury Application Form
  • Dispute Resolution Application Form
Please note:
  • Multiple documents can be uploaded when submitting a form, with each file up to 21MB, allowing for easier document sharing with the TAC.
  • Allowed file types are PDF, image (jpg, jpeg, tif, tiff, png, bmp, gif) Word (docx, doc), Excel (xlsx, xls), text (txt, rtf), CSV and email (eml, msg).
  • A copy of the submission will be emailed to the address entered under ‘client’s lawyer’. This will be your confirmation of submission. A confirmation code will no longer be provided.
  • You will need to submit a form in a single session. The forms no longer have an option to save a draft form and resume at a later date.
  • Please update any bookmarks. Previous URLs for these forms will forward to the form list under the Resources tab.

March 2025: Improvements to TAC forms for legal professionals

The TAC is improving a number of forms used by legal professionals, including those for Joint Medical Examinations (JMEs). These changes are effective from Tuesday 19 March 2025.

The following forms can be accessed under the Resources tab.

New option on the JME Request Form

A new option will be available on the JME Request Form to indicate the purpose of the examination. This will allow legal professionals to select the purpose of the exam is for ‘Impairment and Serious Injury (dual purpose)’.

Legal professionals should select this option when both types of compensation are relevant to their client’s case, supporting efficient handling, reducing the need for future IMEs and enabling clients to follow their best path to compensation.

Please note that the TAC is working to align our internal processes with this new dual purpose selection option. We appreciate your patience and understanding as we make these changes to our internal processes.

New online JME Supplementary Request Form

An online JME Supplementary Request Form will be available. This will allow legal professionals to request approval for a supplementary report to help streamline the review process.

New web addresses for TAC Protocols forms

These online TAC Protocols forms will have new URLs and minor changes to improve usability:

  • JME Request Form
  • JME Reschedule Form
  • Impairment Application Form
  • Serious Injury Application Form
  • Dispute Resolution Application Form
Please note:
  • Multiple documents can be uploaded when submitting a form, with each file up to 21MB, allowing for easier document sharing with the TAC.
  • Allowed file types are PDF, image (jpg, jpeg, tif, tiff, png, bmp, gif) Word (docx, doc), Excel (xlsx, xls), text (txt, rtf), CSV and email (eml, msg).
  • A copy of the submission will be emailed to the address entered under ‘client’s lawyer’. This will be your confirmation of submission. A confirmation code will no longer be provided.
  • You will need to submit a form in a single session. The forms no longer have an option to save a draft form and resume at a later date.
  • Please update any bookmarks. Previous URLs for these forms will forward to the form list under the Resources tab.

With Christmas not far around the corner, we are nominating Monday the 20th January 2025 as the due date for any requests or responses due between 23rd December 2024 and 17th January 2025.

This applies to both TAC (impairment/serious injury/common law/disputes) and Plaintiff lawyer responses.

This is necessary to ensure the TAC can provide timely responses and minimise the impact of unnecessary follow-ups.

If you have a particularly urgent matter, please contact the operator directly.  Katrina Kasparian may also be contacted for escalations of Impairment related matters, Paula Heron, Joel Cooper or Matt Napier for Serious Injury, Jason Williams for Common Law and Kirsty Milne for Disputes.

Oct 2024: Protocols timelines over Christmas

With Christmas not far around the corner, we are nominating Monday the 20th January 2025 as the due date for any requests or responses due between 23rd December 2024 and 17th January 2025.

This applies to both TAC (impairment/serious injury/common law/disputes) and Plaintiff lawyer responses.

This is necessary to ensure the TAC can provide timely responses and minimise the impact of unnecessary follow-ups.

If you have a particularly urgent matter, please contact the operator directly.  Katrina Kasparian may also be contacted for escalations of Impairment related matters, Paula Heron, Joel Cooper or Matt Napier for Serious Injury, Jason Williams for Common Law and Kirsty Milne for Disputes.

The TAC is making changes to how it acknowledges receipt of No Fault Dispute Resolution Protocols applications lodged online, to minimise duplication and improve efficiency.

Currently, when a dispute is lodged via the online form on the TAC website, the sender receives an automatic return notification that reads: 'Thank you for submitting your Dispute Resolution Application. Your application has been received by the TAC and will be actioned according to No Fault Dispute Resolution Protocols. If you have any enquiries, please contact review@tac.vic.gov.au.' The TAC then sends a further acknowledgement letter within 7 days, confirming the lodgement and reviewable decision/s in dispute.

From today, the TAC will no longer send a further acknowledgement of applications made via the online form. The automatic notification will be considered sufficient confirmation that the lodgement is received. Confirmation of the reviewable decision/s in dispute will be provided in the TAC's letter accompanying the exchange of documents under Chapter 6.

In the unlikely event that your office does not receive an automatic notification within 24 hours of making an online lodgement, please contact review@tac.vic.gov.au to investigate.

Apr 2024: Changes to No Fault Dispute acknowledgements

The TAC is making changes to how it acknowledges receipt of No Fault Dispute Resolution Protocols applications lodged online, to minimise duplication and improve efficiency.

Currently, when a dispute is lodged via the online form on the TAC website, the sender receives an automatic return notification that reads: 'Thank you for submitting your Dispute Resolution Application. Your application has been received by the TAC and will be actioned according to No Fault Dispute Resolution Protocols. If you have any enquiries, please contact review@tac.vic.gov.au.' The TAC then sends a further acknowledgement letter within 7 days, confirming the lodgement and reviewable decision/s in dispute.

From today, the TAC will no longer send a further acknowledgement of applications made via the online form. The automatic notification will be considered sufficient confirmation that the lodgement is received. Confirmation of the reviewable decision/s in dispute will be provided in the TAC's letter accompanying the exchange of documents under Chapter 6.

In the unlikely event that your office does not receive an automatic notification within 24 hours of making an online lodgement, please contact review@tac.vic.gov.au to investigate.

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