1. Purpose

To clearly define the purpose, structure, operational guidelines and decision-making authority of the Protocols Working Group (PWG).

2. Background

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 (clients).

The PWG was established following the 2016 Protocols revision to review and refine operation of new processes. The scope of topics discussed has gradually broadened since then, with the Group influencing change in a range of operations that are beneficial to their mutual clients. This document aims to establish clarity around the purpose and reach of the PWG.

During the 2026 Protocols revision, the PWG was enshrined in the Protocols Framework Agreement as the primary governance forum for the oversight, operation and continuous improvement of the TAC Protocols. Please see Section 3, Protocols Governance, for more details.

3. Membership

People holding the following roles constitute the Protocols Working Group:

TAC: Clients Division	General Manager Resolutions Group
	Senior Manager, Dispute and Resolution & Litigation
	Senior Manager, Impairments & Medical Examinations
	Senior Manager, Common Law & Recoveries
Australian Lawyers Alliance	Two representatives appointed by the Victorian State President
Law Institute Victoria	Two representatives appointed by the TAC Committee

If a member is unable to attend a PWG meeting, they may nominate a delegate to attend. There are also standing invitations to:

• TAC Manager Dispute Resolution
• TAC Manager Impairment
• TAC Manager Victorian Common Law
• TAC Manager Joint Medical Examinations

Invitees may be asked by the PWG to provide information about individual matters the Committee is considering.

4. Function and scope

The PWG will operate by consensus, with decisions requiring agreement from all member organisations.

The PWG has delegated authority to address matters relating to:

1. Operation of the TAC Protocols

• Address operational challenges or ambiguities arising from the implementation of the Protocols
• Provide a platform for stakeholders to raise concerns, seek guidance, and propose solutions to operational issues

2. Adjudication regarding legal costs and disbursements

• Provide a process and forum for resolving disputes regarding legal costs and disbursements under the Protocols
• Review and adjudicate disputed invoices and costs claims in a fair and timely manner
• Provide guidance and clarification on the interpretation and application of the costs provisions within the Protocols

3. Monitoring and reporting on performance against shared outcome measures

• Monitor and analyse data related to the operation of the Protocols, including timeframes, outcomes, and cost trends
• Prepare periodic reports as required on the PWG's activities, findings, and recommendations

4. Review and development of TAC Protocols improvements

• Regularly review the existing Protocols
• Identify opportunities for continuous improvement, informed by stakeholder feedback, emerging trends, legal developments and best practice principles
• Develop and recommend amendments or new protocols to address identified gaps or areas for enhancement

5. Communicating outcomes, performance and results to stakeholders

• Facilitate communication and understanding between the TAC, lawyers, and other stakeholders regarding the operational aspects of the Protocols

5. Meetings

A designated Chairperson, agreed upon by the member organisations, will lead the PWG meetings.

The agenda for each meeting will be prepared by the Chairperson in consultation with the PWG.

The agenda and supporting papers are to be distributed at least five business days prior to the meeting, to provide members with reasonable time to prepare for the meeting.

Standing agenda items include:

• Protocols Data Pack, discussion (All)
• Inclusion & Diversity (All – biannual)

The PWG will meet on a quarterly basis. Group meetings will proceed provided there is a quorum. A quorum requires at least one (1) member (or their nominated delegates) of TAC, LIV and ALA to be in attendance. No decision will be taken without the required quorum.

The PWG may convene meetings by any means that enables access and inclusion for all invitees. Where possible, the PWG will endeavour to meet in-person at least twice each year to foster stronger interpersonal connections and enable more fluid and dynamic exchanges than can be achieved via hybrid or remote meetings.

At the beginning of each PWG meeting, members will declare any interests that may apply to specific matters on the meeting agenda. Where required by the Chairperson, the member will be excused from the meeting or from the PWG’s consideration of the relevant agenda item(s).

All members, delegates and invitees are responsible and accountable for maintaining the confidentiality of information they receive during the course of PWG meetings. Where sharing of information with third parties is agreed, this will be clearly reflected in the minutes.

The Chairperson is responsible for ensuring the maintenance of clear records of the PWG’s meetings, decisions, and recommendations.

Draft minutes will be circulated within two weeks of the meeting to each member and any delegates or invitees who attended that meeting. Recipients will have a further two weeks to suggest any amendments or additions before the minutes are finalised in preparation for the following meeting.

6. Resources

The TAC will provide administrative support to the PWG, including meeting coordination, document preparation, and communication.

The TAC, LIV and ALA will make available relevant resources and information to support the PWG's work, including data and research.

7. Inter-operation

The PWG may establish sub-committees or working groups to address specific tasks or areas of focus. The PWG will also establish and maintain relationships with other working groups or committees whose work intersects with the Protocols. This includes, but is not limited to:

• TAC Legal Liaison Group
• TAC Legislative Working Group
• TAC No Fault Forum
• JME Reference Group
• LIV TAC Committee

The PWG will engage in information sharing, joint initiatives, and collaborative problem-solving with these groups to ensure alignment, consistency, and effectiveness across related areas of work. The PWG may invite representatives from these groups to participate in meetings or provide input on specific issues where relevant.

8. Review

The PWG will review this Terms of Reference every two years to provide assurance that it remains consistent with the Group’s objectives and responsibilities.

Any substantive changes to the Terms of Reference will be recommended by the PWG and formally approved by the Chairperson.