In 2005 the Protocols were established by agreement between the Transport Accident Commission (TAC), Australian Lawyers Alliance (ALA) and Law Institute of Victoria (LIV). The Protocols were designed to provide an efficient, expeditious and transparent process to deliver appropriate benefits and compensation to people who sustain injury as a consequence of a transport accident (claimants).
Over the last 10 years the Protocols have improved benefit delivery to claimants and successfully reduced legal costs, disputes and lengthy litigation.
To develop the 2016 Protocols, representatives from the TAC, ALA and LIV worked together to identify ways to enhance the operation of the Protocols and further improve the efficient and effective delivery of outcomes for TAC claimants.
In partnership, TAC, ALA and LIV developed joint commitments, success measures and endorsed the revised 2016 Protocols. All Protocol 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.
Details regarding the 2016 and 2005 Protocol agreements are provided below.
All Protocol applications lodged with the TAC on or after 1 July 2016 will be pursuant to the 2016 Protocols. The 2016 Protocols consist of the following four documents:
- No Fault Dispute Resolution Protocols 2016 PDF, 0.14MB
- No Fault Dispute Resolution Protocols 2016 DOCX, 0.1MB
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.
NOTE: These forms are applicable from 1 July 2016 and should not be used until this time.
- JME Request Form online version (preferred option)
- JME Request Form PDF, 0.06MB
- JME Request Form DOC, 0.23MB
- JME Reschedule Form online version (preferred option)
- JME Reschedule Form PDF, 0.05MB
- JME Reschedule Form DOC, 0.19MB
- JME Notice of intention to Dispute Form PDF, 0.05MB
- JME Notice of Intention to Dispute Form DOC, 0.21MB
- Impairment Application Form online versione (preferred option)
- Impairment Application Form PDF, 0.07MB
- Impairment Application Form DOC, 0.2MB
- Serious Injury Application Form online version (preferred option)
- Serious Injury Application Form PDF, 0.1MB
- Serious Injury Application Form DOC, 0.21MB
- Dispute Resolution Application Form online version (preferred option)
- Dispute Resolution Application Form PDF, 0.07MB
- Dispute Resolution Application Form DOC, 0.2MB
Protocol price points
Legal costs for all Protocol applications on or after 1 July 2016 (includes 1 July 2018 Indexation):
Counsel fees for Common Law Protocols 2013 - 2019 (updated January 2019)
- Counsel Fees allowable as disbursements in Common Law matters conducted in accordance with the TAC protocols PDF, 0.03MB
- Counsel Fees allowable as disbursements in Common Law matters conducted in accordance with the TAC protocols DOCX, 0.04MB
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 Protocol applications lodged on or after 29 February 2016.
All costs below reflect the CPI inflation index updated from 1 January 2016.
Transitional Legal costs applicable to Protocol 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 2016 Process Maps
The 2016 Process flows describe the steps and decisions in the process for each of the Protocols.
- Common Law Protocols - Process map PDF, 0.17MB
- Impairment Protocols - Process map PDF, 0.15MB
- Dispute Protocols - Process map PDF, 0.21MB
Please see below for information applicable to Protocols applications lodged prior to 1 July 2016.
- Guidelines for pre-hearing conferences in Serious Injury applications PDF, 0.02MB (effective 22/2/2013)
- Guidelines for pre-hearing conferences in Serious Injury applications DOC, 0.05MB (effective 22/2/2013)
- Protocols for the use of the TAC 'Authority to release information' PDF, 0.03MB
- Protocols for the use of the TAC 'Authority to release information' DOCX, 0.22MB
Protocols 2005 Price points
Legal costs for all Protocol applications lodged before 29 February 2016:
- Protocol Legal Costs (updated 1 January 2019) PDF, 0.02MB
- Protocol Legal Costs (updated 1 January 2019) XLSX, 0.01MB
- Counsel Fees allowable as disbursements in Common Law matters conducted in accordance with the TAC protocols (updated 1 January 2019) PDF, 0.03MB
- Counsel Fees allowable as disbursements in Common Law matters conducted in accordance with the TAC protocols (updated 1 January 2019) DOCX, 0.04MB
The TAC, ALA, and LIV are committed to supporting practitioners to understand the changes to the Protocols.
Information sessions were held in May and June 2016 at which the TAC, ALA and LIV presented a summary of the changes to the Protocols. This was also an opportunity for attendees to ask questions about the revised Protocols.
A video of the presentation held on 8 June 2016 at WorkSafe Office, 222 Exhibition Street Melbourne is now available here.
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.
- TAC Protocols escalation process for employee misconduct PDF, 0.09MB
- TAC Protocols escalation process for employee misconduct DOCX, 0.01MB
The following document provides avenues of resolution where parties may be unable to reach agreement on Protocol costs and disbursements.
- TAC escalation process for Protocol costs disputes PDF, 0.09MB
- TAC escalation process for Protocol costs disputes DOCX, 0.02MB
A dedicated email address has also been created by the LIV for Protocol enquiries: Protocolfirstname.lastname@example.org
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.