{"id":"sr:transport-accident-regulations-2017","name":"Transport Accident Regulations 2017","slug":"transport-accident-regulations-2017","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183360,"registerId":"vic-sr:transport-accident-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Transport Accident Regulations 2017","content":"Version No. 002\n\n**Transport Accident Regulations 2017**\n\n**S.R. No. 40/2017**\n\nVersion incorporating amendments as at  \n23 October 2018\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Revocation 1\n\n4 Definition 1\n\n5 Severe injuries 1\n\n6 Reference to forms by number 2\n\n7 Statement of earnings form 2\n\n8 Accident report forms 2\n\n9 Form for contract of insurance regarding trailers 3\n\n10 Transitional provisions 3\n\n11 Prescribed limit for home modification payment by the Commission 3\n\nSchedule 1—Forms 4\n\n═════════════\n\nEndnotes 11\n\n1 General information 11\n\n2 Table of Amendments 13\n\n3 Amendments Not in Operation 14\n\n4 Explanatory details 15\n\n**Version No.** **002**\n\n**Transport Accident Regulations 2017**\n\n**S.R. No. 40/2017**\n\nVersion incorporating amendments as at  \n23 October 2018\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to specify certain injuries for the purposes of the definition of a ***severe injury*** in the **Transport Accident Act 1986**; and\n\n(b) to prescribe the forms to be used for the purposes of that Act.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 132 of the **Transport Accident Act 1986**.\n\n\t3 Revocation\n\nThe Transport Accident Regulations 2007[[1]](#endnote-2) are **revoked**.\n\n\t4 Definition\n\nIn these Regulations, ***the Act*** means the **Transport Accident Act 1986**.\n\n\t5 Severe injuries\n\n(1) The following injuries are specified for the purposes of the definition of ***severe injury*** in section 3(1) of the Act—\n\n(a) an injury that results in permanent blindness;\n\n(b) burns to not more than 50% of the body that cause severe disfigurement and comprise of full-thickness burns—\n\n(i) to the head, neck, arms or lower legs; or\n\n(ii) that result in severe difficulties in performing mobility, communication and self-care tasks;\n\n(c) a brachial plexus injury that results in the loss of the use of a limb.\n\n(2) In this regulation, ***permanent blindness*** means—\n\n(a) a field of vision that is constricted to 10 degrees or less of arc from central fixation in the better eye, irrespective of corrected visual acuity; or\n\n(b) a corrected visual acuity of less than 6/60 of the Snellen Scale in both eyes; or\n\n(c) a combination of visual defects resulting in the same degree of visual loss as referred to in paragraph (a) or (b).\n\n\t6 Reference to forms by number\n\nIn these Regulations, a reference to a form by a particular number is a reference to the form of that number in Schedule 1.\n\n\t7 Statement of earnings form\n\nThe prescribed form for a statement of earnings under sections 49(4), 50(4) and 51(5) of the Act is Form 1.\n\n\t8 Accident report forms\n\n(1) The prescribed form to be used for making a report under section 64(1) or (3) of the Act is Form 2.\n\n(2) The prescribed form to be used for making a report under section 64(2) of the Act is Form 3.\n\n\t9 Form for contract of insurance regarding trailers\n\nThe prescribed form for a contract of insurance which may be entered into by the Commission with the owner of a trailer under section 86 of the Act is Form 4.\n\n\t10 Transitional provisions\n\n(1) On and from the commencement day, a contract of insurance that complied, or was taken to comply, with the form prescribed by regulation 10 of the Transport Accident Regulations 2007 as in force immediately before the commencement day is taken to be a contract that complies with the form prescribed by regulation 9 of these Regulations.\n\n(2) In this regulation, ***commencement day*** means the day these Regulations come into operation.\n\nReg. 11 substituted by S.R. No. 177/2018 reg. 3.\n\n\t11 Prescribed limit for home modification payment by the Commission\n\nThe prescribed greater amount under section 60(5) of the Act for the purposes of section 60(4) of the Act is $50 000.\n\nSchedule 1—Forms\n\nFORM 1\n\nRegulation 7\n\nSTATEMENT OF EARNINGS BY A LOSS OF EARNING CAPACITY BENEFICIARY\n\nName of claimant\n\nAddress\n\nClaim no.\n\nStatement period\n\n**Earnings received as an employee**\n\n*Start date Finish date Name and address Weekly hours Gross pay  \nof employer*\n\n**Other earnings**\n\n*Start date Finish date Nature of activity Gross earnings*\n\n**DECLARATION**\n\nI declare that the information on this form is true and correct to the best of my knowledge and belief.\n\nSigned\n\nDate of signing\n\nFORM 2\n\nRegulation 8(1)\n\nDRIVER'S ACCIDENT REPORT\n\n| **1** Details of driver<br>SurnameGiven namesMr, Mrs, MsHome addressHome telephone numberWork telephone numberMobile telephone numberDate of birthDriver's licence numberExpiry dateState of issuePeriod held<br>**2** Accident details<br>Date of accidentDay of the weekTimeWas the driver injured?<br>Yes<br>No<br>Location of the accidentDescribe the circumstances of the accidentDraw a diagram of the accident scene, showing the position of all vehicles and any persons injured<br>**3** Details of driver's vehicle<br>Registration number of the vehicle driven at the time of the accidentState of registrationVehicle type (*car, truck, motor cycle*)Name and address of owner—if not the driverWhat was the estimated speed at time of impactMark the points of impact on the diagram with an X | Estimate cost of repairsLevel of damage—<br>Level 1—minor damage, cosmetic panel damage<br>Level 2—moderate damage, driveable vehicle<br>Level 3—major damage—car towed<br>Level 4—extensive damage—car likely to be unrepairable<br>If your vehicle was towed—<br>Name and address of firm or persons who towed vehicle away<br>Name of panel beaterName of comprehensive insurer<br>**4** Details of witnesses<br>SurnameGiven namesHome addressHome telephone numberWork telephone numberMobile telephone number<br>**5** Details of other occupants in driver's vehicle<br>Show by number, the position in the vehicle for other occupants on the diagramPosition numberSurnameGiven namesHome addressHome telephone numberWork telephone numberMobile telephone numberWas this person injured?<br>Yes<br>No |\n| --- | --- |\n| **6** Details of all other vehicles involved in the accident<br>SurnameGiven namesHome addressRegistration numberNumber of persons in vehicleLevel of damage (*see question 3 for levels 1 to 4*) | **7** Details of all other persons involved in the accident (*not in a vehicle at the time of the accident*)<br>SurnameGiven namesHome addressType of road user (*e.g. pedestrian, cyclist etc.*)Was this person injured?<br>Yes<br>No |\n\n\n**Declaration by person making this report**\n\nI hereby declare that the above information is true and correct to the best of my knowledge and belief.\n\nSignature\n\nDate\n\nFORM 3\n\nRegulation 8(2)\n\nTransport Authority Accident Report\n\n| **1** Name of Authority<br>Returned to<br>**2** Details of Transport Authority/Operator involved<br>Vehicle typesEndVehicle Identification NumbersDestinationsTime table<br>**3** Authority/Operator driver details<br>SurnameGiven namesEmployee identification numberMale/Female<br>**4** Accident details<br>Date of accidentDay of the weekTime a.m./p.m.Location of the accidentDescription of the accidentVisibility good/badWeather wet/dryLighting on/offDraw a diagram of the accident showing the position of all vehicles and any injured person as at time of impactName of the MTA officer or loss assessor if attended at the scene | **5** Police details<br>Did the police attend the accident scene—<br>No<br> Yes<br>If yes please provide the following details—<br>Name of the police officer who attended at the scene<br>Police officer's badge number<br>Station where officer located<br>**6** Details of persons injured in Authority/Operator Vehicle<br>SurnameGiven namesResidential addressHome telephone numberWork telephone numberMobile telephone numberMale/FemaleAgeApparent injuries sustainedTaken to hospital by ambulance—<br>No<br>Yes<br>If yes, name of hospital |\n| --- | --- |\n|  |  |\n| **7** Details of other injured persons<br>SurnameGiven namesResidential addressHome telephone numberWork telephone numberMobile telephone numberMale/FemaleAgeRegistration number if in a vehicleType of road userApparent injuries sustainedTaken to hospital by ambulance—<br>No<br>Yes<br>If yes, name of hospital<br>**8** Details of all other vehicles involved in the accident<br>SurnameGiven namesResidential addressHome telephone numberWork telephone numberMobile telephone numberRegistration numberState of registrationMake and colour of vehicleNumber of passengers in vehicle, excluding the driver—<br>Males<br>Females<br>Children<br>How did the vehicle leave the sceneDescription of damage sustained by vehicle | **9** Details of witnesses<br>SurnameGiven namesResidential addressHome telephone numberWork telephone numberMobile telephone numberDid an authority employee witness the accident?<br>Yes<br>No<br>**10** General remarks<br>Have you any doubt the injury occurred as stated?<br>If so why?<br>**Completed by**<br>Name<br>Position<br>Signature<br>Date<br>**If report is from tourist railway/tram operator**<br>Name of operatorAddressTelephone number |\n\n\nFORM 4\n\nRegulation 9\n\nCONTRACT OF INSURANCE\n\n1 Interpretation\n\nIn this Contract—\n\n***Commission*** means the Transport Accident Commission established under Part 2 of the **Transport Accident Act 1986**;\n\n***owner*** means the person named in the Schedule as the owner of the trailer;\n\n***premium*** means the premium set out in the Schedule;\n\n***Schedule*** means the Schedule to this contract;\n\n***trailer*** means the trailer described in the Schedule.\n\n2 Indemnity\n\n(1) In consideration of the owner having paid to the Commission the premium, the Commission agrees to indemnify—\n\n(a) the owner; and\n\n(b) any other person who is at any time in charge of the trailer, with or without the authority of the owner—\n\nagainst any liability which may be incurred by the owner, or that other person, in respect of the death of, or injury to, any person caused by, or arising out of, the use in Australia of the trailer.\n\n(2) The indemnity set out in this clause applies—\n\n(a) subject to Part 5 of the **Transport Accident Act 1986**; and\n\n(b) during—\n\n(i) the period of insurance set out in the Schedule; and\n\n(ii) any subsequent period for which the Commission accepts a renewal premium.\n\n3 Limitation of liability\n\n(1) This contract does not indemnify the owner or the person referred to in clause 2(1)(b) against any of the following—\n\n(a) liability to pay compensation under the **Accident Compensation Act 1985** or an Act or law referred to in section 37 of the **Transport Accident Act 1986**;\n\n(b) liability arising under an agreement (other than this contract) unless the liability would have arisen even in the absence of the agreement;\n\n(c) liability in respect of death or injury caused by, or arising out of, the use of the trailer in any period during which the trailer is not registered in Victoria under the Interstate Road Transport Act 1985 of the Commonwealth.\n\n(2) If, at the time of any event giving rise to a liability under this contract, there subsists another contract of insurance or indemnity covering the owner in respect of the same liability, the Commission is not liable under this contract for any more than its rateable proportion.\n\nSigned for and on behalf of the Transport Accident Commission\n\nDate\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Transport Accident Regulations 2017, S.R. No. 40/2017 were made on 6 June 2017 by the Governor in Council under section 132 of the **Transport Accident Act 1986**, No. 111/1986 and came into operation on 6 June 2017.\n\nThe Transport Accident Regulations 2017 will sunset 10 years after the day of making on 6 June 2027 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Transport Accident Regulations 2017 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nTransport Accident Amendment (Home Modification Agreement) Regulations 2018, S.R. No. 177/2018\n\n| *Date of Making:* | 23.10.18 |\n| --- | --- |\n| *Date of Commencement:* | 23.10.18 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 3: S.R. No. 49/2007 as amended by S.R. Nos 8/2010 and 115/2011. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, there is no evidence of scope change from the original intent. These regulations appear to serve their standard function as subordinate legislation implementing the Transport Accident Act 1986. A definitive assessment of scope drift would require the full regulatory text."},"complexity_factors":["The document provided contains only metadata and version history information — the actual substantive regulatory content is not visible, making full complexity assessment impossible","Transport accident compensation schemes generally involve multiple interacting benefit types (medical, income replacement, impairment), which adds complexity in the full instrument","Regulations of this type typically cross-reference extensively with the parent Act (Transport Accident Act 1986), requiring readers to consult multiple documents","Fee schedules for medical providers, if present in the full text, add technical complexity for healthcare professionals","The score is intentionally conservative given the absence of substantive content for review"],"plain_english_summary":"The Transport Accident Regulations 2017 set out the practical rules for Victoria’s transport accident compensation scheme, implementing how claims are made and managed under the Transport Accident Act. They govern what support and payments are available and how the Transport Accident Commission administers entitlements.\n\nThey affect anyone injured or killed in a transport accident in Victoria, their families, medical providers and the TAC — getting compliance right determines access to benefits and timing of claims."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: supporting the Transport Accident Act by prescribing forms, defining specific injury categories, and setting administrative limits. The 2018 amendment adding the $50,000 home modification cap (Regulation 11) was a straightforward monetary update within the existing framework rather than an expansion of scope."},"complexity_factors":["Short length (11 regulations plus Schedule of forms)","Minimal cross-referencing (primarily references back to the parent Transport Accident Act 1986)","Only 4 defined terms in the body of the regulations ('the Act', 'permanent blindness', 'commencement day', plus terms in Form 4 contract)","Simple structure: objectives, definitions, substantive rules, forms schedule","Limited conditional logic — mostly straightforward prescriptions ('The prescribed form is...', 'The following injuries are specified...')","No nested exceptions or complex deeming provisions","Forms are lengthy but standard administrative templates rather than complex legal instruments"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations are the \"nuts and bolts\" rules that support Victoria's **Transport Accident Act 1986** — the law that created the Transport Accident Commission (TAC) and the \"no-fault\" compensation scheme for people injured in road accidents in Victoria.\n\n**Key things this legislation does:**\n\n*   **Defines \"severe injuries\"** — It lists specific catastrophic injuries that qualify as \"severe\" under the Act. This matters because severe injuries trigger different compensation entitlements (like larger lump sums). The injuries specified are:\n    *   Permanent blindness (with technical medical definitions)\n    *   Severe burns covering up to 50% of the body that cause major disfigurement or serious problems with moving, communicating, or self-care\n    *   Brachial plexus injuries (nerve damage in the shoulder/arm area) that result in loss of use of a limb\n\n*   **Prescribes official forms** — It creates the standardised paperwork that must be used:\n    *   **Form 1**: For people claiming loss of earnings to report their income\n    *   **Form 2**: For drivers to report accidents to the TAC\n    *   **Form 3**: For public transport operators (trains, trams, buses) to report accidents\n    *   **Form 4**: The standard contract for insuring trailers with the TAC\n\n*   **Sets a dollar limit** — It caps home modification payments (changes to your house needed because of injuries) at **$50,000**.\n\n*   **Updates old rules** — It revokes the 2007 regulations and includes a transitional rule so existing trailer insurance contracts remain valid.\n\n**Who it affects:**\n\n*   Anyone injured in a Victorian transport accident seeking compensation\n*   Drivers who need to report accidents to the TAC\n*   Public transport operators\n*   Trailer owners needing TAC insurance\n*   The Transport Accident Commission itself\n\n**Why it matters:**\n\nWithout these regulations, the TAC scheme wouldn't function day-to-day. The forms ensure consistent data collection. The severe injury definitions determine who gets access to higher levels of compensation. The $50,000 cap on home modifications directly affects how much support seriously injured people receive to adapt their homes."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulations maintain the original scope — specifying which injuries qualify as 'severe' and prescribing forms and an insurance contract template (Reg 1, Reg 5, Schedule 1). They revoke the 2007 Regulations and implement a revised monetary limit for home modifications ($50,000) by amendment (Regs 3, 10, 11; S.R. No. 177/2018), but do not expand or narrow the Act’s substantive coverage beyond those parameter changes."},"complexity_factors":["Narrow subject-matter: limited to injury specification and prescribed forms (Regs 1, 5, 7–9).","Technical medical definitions: detailed thresholds for 'permanent blindness', burns and brachial plexus injury (Reg 5(1)–(2)).","Cross-references to primary statute: relies on Transport Accident Act 1986 for legal effect and definitions (Regs 2, 4; several form uses reference Act sections).","Operational detail in forms: Schedule 1 contains multi-field forms used for reporting and claims (Forms 1–4).","Monetary parameter set by amendment: prescribed home modification payment amount specified ($50,000) and inserted by S.R. No. 177/2018 (Reg 11).","Transitional and revocation mechanics: revokes 2007 Regulations and converts prior insurance contracts to the new form (Regs 3, 10)."],"plain_english_summary":"These Regulations set out which injuries count as a “severe injury” under the Transport Accident Act 1986 and prescribe the standard forms and an insurance contract template the Transport Accident Commission must use. They revoke the 2007 Regulations and fix a $50,000 prescribed limit for home modification payments (Reg 11 as amended). The measures affect injured people, claimants, vehicle owners, insurers and the Commission by defining eligibility thresholds, standardising reporting and earnings documentation, and prescribing the form and limits that govern certain claims and insurance arrangements."}},"importantCases":[],"_links":{"self":"/api/acts/transport-accident-regulations-2017","history":"/api/acts/transport-accident-regulations-2017/history","analysis":"/api/acts/transport-accident-regulations-2017/analysis","conflicts":"/api/acts/transport-accident-regulations-2017/conflicts","importantCases":"/api/acts/transport-accident-regulations-2017/important-cases","documents":"/api/acts/transport-accident-regulations-2017/documents"}}