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Claims for Compensation - TAC Response Time

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Policy

The TAC will within 21 days of receiving a claim for compensation:

  • accept or reject liability to pay compensation, or
  • request further information from the client or other persons, or
  • request that the client attend a medical examination.

Transport Accident Act 1986 reference: s.70

Guidelines

How long will the TAC take to process a claim for compensation?

The TAC will accept or deny a claim, or make a further reasonable request for information by the expiration of:

  • 21 days after initially receiving the claim, or
  • 14 days after receiving:
    • further information requested by the TAC from the client, or
    • further information requested by the TAC from a person other than the client, or
    • the results of a medical examination

whichever last occurs.

The TAC has 21 days in which to make a decision, except where further information has been requested from the client or from a third party as set out above. The TAC must make a decision before the expiration of 21 days where such information has not been requested.

In cases where the TAC requests further information, how long does a client have to provide it? What occurs when the information is not provided within the required timelines?

A client has 28 days to respond to the TAC's request for further information. If a client does not respond to the TAC's request within 28 days (or any extended period greater than 28 days agreed to by the TAC), the claim will lapse and a new claim will need to be lodged. A new claim should be lodged within 12 months of the accident or the injury first manifesting itself. The TAC also may consider a claim made outside of this time limit if it is made within three years of the date of the injury or the date when the injury first manifests and reasonable grounds exist for the delay in making a claim. Refer to the Making a Claim for Compensation policy.

What occurs when the TAC requests information from a third party?

Where the TAC requests information from a third party, the client and the client's representative will be notified in writing of this request. The TAC will also keep the client and the client's representative informed of the progress of such third party requests.