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New protocols for transport accident claims to come into effect from 1 July 2016

New protocols for transport accident claims to come into effect from 1 July 2016

By Kerry O'Shea

Legislation Practice & Procedure 


New protocols designed to improve the compensation process and minimise disputes and litigation in transport accident claims will come into effect on 1 July 2016.

The protocols cover joint medical examinations; impairment assessment; common law and no fault disputes.

They will replace protocols developed in 2005 and are intended to provide an efficient, timely and transparent process to deliver fair and timely compensation to people injured as a result of transport accidents.

They have been developed by a working group comprised of representatives from Australian Lawyers Alliance, the Transport Accident Commission and the Law Institute of Victoria.

LIV President Steven Sapountsis said it is in everyone’s best interest that there are good processes for dealing with transport accident claims.

“Lawyers and those they represent need to ensure that compensation is paid in a timely manner to those who are entitled to receive it,” Mr Sapountsis said. The more that this can be achieved co-operatively, the better for all concerned, he said.

ALA Victorian President Geraldine Collins said:

“The development of these new protocols has taken place over an extended period of time. The outcome has been achieved only through the good will and hard work of the TAC, LIV and ALA representatives involved. We are confident the improvements will see a more timely and efficient method of compensation delivery to road accident victims. We are excited to be involved in improving these leading alternative dispute resolution processes. We are confident practitioners will find the new protocols to be advantageous for their clients.”

Applications lodged prior to 1 July 2016 will be subject to the 2005 protocols. However, the TAC has advised it will pay the increased rates for all protocol applications lodged on or after 29 February 2016.

Information sessions are planned between now and July to ensure the protocols are well understood.

The protocols are available on the TAC website.


Kerry O'Shea, General Manager, Public Affairs & Legal Policy, LIV

T: 03 9607 9373

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