Protocols
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.
2016 Protocols
All applications lodged with the TAC on or after 1 July 2016 are pursuant to the 2016 Protocols. They comprise the following four documents:
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.
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.
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.
