We’re here to help you get your life back on track following your transport accident. If you are unable to manage your own financial and legal affairs because of a disability, we can pay for professional financial administration services for your TAC compensation.
What is Financial Administration?
An administration order can be made by a court or tribunal if you have a disability that affects your ability to make financial and legal decisions. In Victoria, the Victorian Civil and Administrative Tribunal (VCAT) is responsible for making administration orders. In other States and Territories, an equivalent court or tribunal is responsible for making these orders.
If an administration order is made for you, the appointed administrator will be able to make financial or legal decisions on your behalf, including decisions relating to your TAC compensation.
VCAT may appoint a family member or friend as your administrator. If you do not have a suitable family member or friend available to take on this role, then VCAT may appoint a professional administrator and order fees to be paid for this service. Regardless of who is appointed, an administrator must take your wishes into account when making financial and legal decisions for you.
Administration orders are reviewed every three years by VCAT and may be cancelled where your capacity to make decisions has increased. If you feel that your decision making capacity has improved, you can also apply to VCAT for a review of the order before it is due for review.
How we approve these services
Your health professionals, or a person close to you, may identify that you require an administrator if you have a disability which affects your capacity to make decisions on legal and financial matters. In this case, they may apply to VCAT to have an administrator appointed. Where a professional administrator is appointed, we will approve these services.
How these services are paid for
We directly pay your Tribunal-appointed professional administrator for the costs they incur associated with the administration of your TAC compensation payments.
How much we can pay
A professional administrator can charge their costs associated with the administration of the estate. These costs are approved by VCAT when the administration order is made. The TAC pays the cost approved by VCAT where the cost incurred by the professional administrator relates to the payment of TAC compensation under Part 3 of the Transport Accident Act 1986.
What we cannot pay for
We cannot pay for the cost of professional administration services that are:
- associated with a common law damages awards where the costs of the administration of the estate is included in that award;
- not provided by a professional administrator appointed by VCAT (or a similar court); or
- not reasonable, necessary or appropriate.