{"id":"sr:wrongs-part-vba-claims-regulations-2025","name":"Wrongs (Part VBA Claims) Regulations 2025","slug":"wrongs-part-vba-claims-regulations-2025","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185691,"registerId":"vic-sr:wrongs-part-vba-claims-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Wrongs (Part VBA Claims) Regulations 2025","content":"Version No. 001\n\n**Wrongs (Part VBA Claims) Regulations 2025**\n\n**S.R. No. 18/2025**\n\nVersion as at  \n4 May 2025\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Certificate of assessment 1\n\n6 Certificate where injury not stabilised 1\n\n7 Agreement to waive assessment of impairment 2\n\n8 Copy of certificate of assessment to be served on respondent 3\n\n9 Respondent must provide information to Medical Panel 5\n\nSchedule 1—Forms 6\n\n═════════════\n\nEndnotes 18\n\n1 General information 18\n\n2 Table of Amendments 20\n\n3 Explanatory details 21\n\n**Version No.** **001**\n\n**Wrongs (Part VBA Claims) Regulations 2025**\n\n**S.R. No. 18/2025**\n\nVersion as at  \n4 May 2025\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe forms and other matters for the purposes of Part VBA of the **Wrongs Act 1958**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 28LZP of the **Wrongs Act 1958**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 4 May 2025.\n\n\t4 Revocation\n\nThe Wrongs (Part VBA Claims) Regulations 2015[[1]](#endnote-1) and the Wrongs (Part VBA Claims) Amendment Regulations 2016[[2]](#endnote-2) are **revoked**.\n\n\t5 Certificate of assessment\n\nFor the purposes of section 28LN of the **Wrongs Act 1958**, the form of a certificate of assessment is the form set out in Form 1 in Schedule 1.\n\n\t6 Certificate where injury not stabilised\n\nFor the purposes of section 28LNA of the **Wrongs Act 1958**, the form of a certificate of assessment where an injury has not stabilised is the form set out in Form 2 in Schedule 1.\n\n\t7 Agreement to waive assessment of impairment\n\n(1) For the purposes of section 28LO(1A) of the **Wrongs Act 1958**, the following information is prescribed—\n\n(a) the name of the claimant;\n\n(b) the name of the claimant's legal representative (if applicable);\n\n(c) the address of the claimant or the claimant's legal representative (as the case requires);\n\n(d) the telephone number of the claimant or the claimant's legal representative (as the case requires);\n\n(e) the email address of the claimant or the claimant's legal representative (as the case requires);\n\n(f) the date of birth of the claimant;\n\n(g) the name of the respondent;\n\n(h) the address of the respondent;\n\n(i) the telephone number of the respondent (if known);\n\n(j) a statement of reasons explaining why the claimant asserts that the respondent is the proper respondent to the claim;\n\n(k) the name, address and telephone number (if the number is known) of any party (other than the respondent) who the claimant considers to be a proper respondent to the claim and reasons why the other party is also considered to be a proper respondent;\n\n(l) the date, time and location of the incident;\n\n(m) a description of the incident;\n\n(n) details of the injury suffered as a result of the incident;\n\n(o) details of the non-economic loss suffered by the claimant as a result of the injury;\n\n(p) details of any report of the incident on which the claimant intends to rely, including the date of the report and the person to whom the report was made;\n\n(q) the name, professional qualifications, address, telephone number and email address of any medical practitioner who has treated the injury of the claimant.\n\n(2) For the purposes of section 28LO(1A) of the **Wrongs Act 1958**, the prescribed form is Form 3 in Schedule 1.\n\n\t8 Copy of certificate of assessment to be served on respondent\n\n(1) For the purposes of section 28LT(2) of the **Wrongs Act 1958**, the following information is prescribed—\n\n(a) the name of the claimant;\n\n(b) the name of the claimant's legal representative (if applicable);\n\n(c) the address of the claimant or the claimant's legal representative (as the case requires);\n\n(d) the telephone number of the claimant or the claimant's legal representative (as the case requires);\n\n(e) the email address of the claimant or the claimant's legal representative (as the case requires);\n\n(f) the date of birth of the claimant;\n\n(g) the name of the respondent;\n\n(h) the address of the respondent;\n\n(i) the telephone number of the respondent (if known);\n\n(j) a statement of reasons explaining why the claimant asserts that the respondent is the proper respondent to the claim;\n\n(k) the name, address and telephone number (if the number is known) of any party (other than the respondent) who the claimant considers to be a proper respondent to the claim and reasons why the other party is also considered to be a proper respondent;\n\n(l) the date, time and location of the incident;\n\n(m) a description of the incident;\n\n(n) details of the injury suffered as a result of the incident;\n\n(o) details of the non-economic loss suffered by the claimant as a result of the injury;\n\n(p) details of any report of the incident on which the claimant intends to rely, including the date of the report and the person to whom the report was made;\n\n(q) the name, professional qualifications, address, telephone number and email address of any medical practitioner who has treated the injury of the claimant.\n\n(2) For the purposes of section 28LT(2) of the **Wrongs Act 1958**, the prescribed form is Form 4 in Schedule 1.\n\n\t9 Respondent must provide information to Medical Panel\n\n(1) For the purposes of section 28LZA(1)(a)(ii) of the **Wrongs Act 1958**, the following information is prescribed—\n\n(a) the name of the respondent;\n\n(b) the address of the respondent;\n\n(c) the telephone number of the respondent;\n\n(d) the email address of the respondent;\n\n(e) the date on which the respondent received the claimant's certificate of assessment;\n\n(f) the name, address, telephone number and email address of the respondent's legal or other representative (if any);\n\n(g) the claimant's statement of claim (if this has been provided to the respondent);\n\n(h) a copy of Form 4 received from the claimant.\n\n(2) For the purposes of section 28LZA(1)(a) of the **Wrongs Act 1958**, the prescribed form is Form 5 in Schedule 1.\n\nSchedule 1—Forms\n\nForm 1\n\nRegulation 5\n\nCERTIFICATE OF ASSESSMENT OF DEGREE OF IMPAIRMENT ARISING FROM STABILISED INJURY\n\n**Wrongs Act 1958**\n\nSection 28LN\n\n**DETAILS OF MEDICAL PRACTITIONER**\n\nName:\n\nQualification:\n\nAddress:\n\nTelephone:\n\nEmail:\n\n**CERTIFICATION**\n\nI certify that on: [*date*] I examined: [*insert name of person seeking the assessment*]\n\nof: [*address of person seeking the assessment*]\n\nand I am satisfied/I am not satisfied [*delete whichever inapplicable*] that:\n\n[**tick appropriate box/boxes*]\n\n*🞏 the degree of impairment resulting from this person's injury (other than psychiatric injury) satisfies the threshold level.\n\nBrief description of injury assessed:\n\n*🞏 the degree of impairment resulting from this person's psychiatric injury and symptoms (which has not arisen as a consequence of, or secondary to, a physical injury) satisfies the threshold level.\n\nBrief description of psychiatric injury assessed:\n\nSIGNED: DATED:\n\n**Please note:**\n\nThis certificate must be provided by a medical practitioner who is an ***approved medical practitioner*** within the meaning of section 28LB of the **Wrongs Act 1958**.\n\nThis certificate must not state the specific degree of impairment.\n\n***Impairment*** is defined in section 28LB of the **Wrongs Act 1958** to mean permanent impairment.\n\n***Threshold level*** is defined in section 28LB of the **Wrongs Act 1958** to mean—\n\n(a) in the case of injury (other than psychiatric injury or spinal injury), impairment of more than 5 per cent;\n\n(b) in the case of psychiatric injury, impairment of 10 per cent or more;\n\n(c) in the case of spinal injury, impairment of 5 per cent or more.\n\nThe degree of psychiatric impairment must not have regard to any psychiatric or psychological injury, impairment or symptoms which has arisen as a consequence of, or secondary to, a physical injury—see section 28LJ of the **Wrongs Act 1958**.\n\nForm 2\n\nRegulation 6\n\nCERTIFICATE OF ASSESSMENT OF DEGREE OF IMPAIRMENT WHERE INJURY HAS NOT STABILISED\n\n**Wrongs Act 1958**\n\nSection 28LNA\n\n**DETAILS OF MEDICAL PRACTITIONER**\n\nName:\n\nQualification:\n\nAddress:\n\nTelephone:\n\nEmail:\n\n**CERTIFICATION**\n\nI certify that on: [*date*] I first examined: [*insert name of person seeking the assessment*]\n\nof: [*address of person seeking the assessment*]\n\nin relation to [**tick appropriate box/boxes*]\n\n*🞏 an injury (other than psychiatric injury).\n\nBrief description of injury assessed:\n\nI certify that I have conducted a subsequent examination today in relation to the same injury and I am unable to determine the degree of impairment. However, I am satisfied that the degree of impairment resulting from this injury (other than psychiatric injury) will satisfy the threshold level once the injury has stabilised.\n\n*🞏 a psychiatric injury.\n\nBrief description of psychiatric injury assessed:\n\nI certify that I have conducted a subsequent examination today in relation to the same psychiatric injury (which has not arisen as a consequence of, or secondary to, a physical injury) and I am unable to determine the degree of impairment. However, I am satisfied that the degree of impairment resulting from this psychiatric injury will satisfy the threshold level once the injury has stabilised.\n\nSIGNED: DATED:\n\n**Please note:**\n\nThis certificate must be provided by a medical practitioner who is an ***approved medical practitioner*** within the meaning of section 28LB of the **Wrongs Act 1958**.\n\nThis certificate must not state the specific degree of impairment.\n\n***Impairment*** is defined in section 28LB of the **Wrongs Act 1958** to mean permanent impairment.\n\n***Threshold level*** is defined in section 28LB of the **Wrongs Act 1958** to mean—\n\n(a) in the case of injury (other than psychiatric injury or spinal injury), impairment of more than 5 per cent;\n\n(b) in the case of psychiatric injury, impairment of 10 per cent or more;\n\n(c) in the case of spinal injury, impairment of 5 per cent or more.\n\nThe date of the first examination of the person seeking an assessment must be at least 6 months before the date of this assessment.\n\nThe degree of psychiatric impairment must not have regard to any psychiatric or psychological injury, impairment or symptoms which has arisen as a consequence of, or secondary to, a physical injury—see section 28LJ of the **Wrongs Act 1958**.\n\nForm 3\n\nRegulation 7\n\nAGREEMENT TO WAIVE ASSESSMENT OF IMPAIRMENT\n\n**Wrongs Act 1958**\n\nSection 28LO(1A)\n\n**1. CLAIMANT'S NAME**\n\nClaimant's full name:\n\n**2. CLAIMANT'S DETAILS**\n\n*Go to* ***Part 3*** *if the claimant has a legal representative.*\n\nClaimant's address:\n\nClaimant's telephone number:\n\nClaimant's email:\n\nClaimant's date of birth:\n\n**3. CLAIMANT'S LEGAL REPRESENTATIVE'S DETAILS**\n\n*Go to* ***Part 4*** *if the claimant does not have a legal representative.*\n\nLegal representative's name:\n\nLegal representative's address:\n\nLegal representative's telephone number:\n\nLegal representative's email:\n\n**4. DETAILS OF RESPONDENT/S**\n\n*For each party that the claimant considers is a proper respondent to the claim, provide the following information:*\n\nName of respondent:\n\nAddress of respondent:\n\nTelephone number of respondent: [*leave blank if not known*]\n\nReason why claimant asserts the respondent is the proper respondent to the claim:\n\nName:\n\nAddress:\n\nTelephone number: [*leave blank if not known*]\n\nReason why claimant asserts this party is the proper respondent to the claim:\n\nName:\n\nAddress:\n\nTelephone number: [*leave blank if not known*]\n\nReason why claimant asserts this party is the proper respondent to the claim:\n\n*Note: This Part of Form 3 may be expanded as necessary to allow the details of all proper respondents to the claim to be included in the Form.*\n\n**5. DESCRIPTION OF THE INCIDENT**\n\nDate of incident:\n\nTime of incident:\n\nLocation of incident:\n\nDescription of incident:\n\n**6. THE INJURY TO THE CLAIMANT**\n\n*Set out all the injuries claimed to have been suffered by the claimant as a result of the incident:*\n\n*Provide details of the non-economic loss suffered by the claimant as a result of the injury:*\n\n*Note: Under section 28LB of the* ***Wrongs Act 1958****,* ***non-economic loss*** *is defined to mean any one or more of the following—*\n\n*(a) pain and suffering;*\n\n*(b) loss of amenities of life;*\n\n*(c) loss of enjoyment of life.*\n\n**7. DOCUMENTATION OF THE INCIDENT AND INJURY**\n\nIf the claimant intends to rely on a report of the incident to make the claim:\n\nDate of report:\n\nName of person to whom the report was made:\n\n**8. DETAILS OF MEDICAL PRACTITIONER/S**\n\nIf the claimant has been treated by a medical practitioner in relation to the injury:\n\nName of medical practitioner:\n\nProfessional qualifications of medical practitioner:\n\nAddress of medical practitioner:\n\nTelephone number of medical practitioner:\n\nEmail of medical practitioner:\n\n*Note: If a claimant has been treated by more than one medical practitioner, this Part of Form 3 may be expanded to include the details of any additional medical practitioners.*\n\n**9. CERTIFICATION BY CLAIMANT (or claimant's legal representative)**\n\nSignature of claimant:\n\nDate:\n\nOR:\n\nSignature of claimant's legal representative:\n\nDate:\n\n***Note: Respondent must respond in writing to the claimant within 60 days.***\n\n*Under section 28LO(2) of the* ***Wrongs Act 1958****, a respondent who has received this Form must respond in writing to the request within 60 days of receiving it.*\n\nForm 4\n\nRegulation 8\n\nCLAIMANT PRESCRIBED INFORMATION FORM\n\n**Wrongs Act 1958**\n\nSection 28LT(2)\n\n**1. CLAIMANT'S NAME**\n\nClaimant's full name:\n\n**2. CLAIMANT'S DETAILS**\n\n*Go to* ***Part 3*** *if the claimant has a legal representative.*\n\nClaimant's address:\n\nClaimant's telephone number:\n\nClaimant's email:\n\nClaimant's date of birth:\n\n**3. CLAIMANT'S LEGAL REPRESENTATIVE'S DETAILS**\n\n*Go to* ***Part 4*** *if the claimant does not have a legal representative.*\n\nLegal representative's name:\n\nLegal representative's address:\n\nLegal representative's telephone number:\n\nLegal representative's email:\n\n**4. DETAILS OF RESPONDENT/S**\n\n*For each party that the claimant considers is a proper respondent to the claim, provide the following information:*\n\nName of respondent:\n\nAddress of respondent:\n\nTelephone number of respondent: [*leave blank if not known*]\n\nReason why claimant asserts the respondent is the proper respondent to the claim:\n\nName:\n\nAddress:\n\nTelephone number: [*leave blank if not known*]\n\nReason why claimant asserts this party is the proper respondent to the claim:\n\nName:\n\nAddress:\n\nTelephone number: [*leave blank if not known*]\n\nReason why claimant asserts this party is the proper respondent to the claim:\n\n*Note: This Part of Form 4 may be expanded as necessary to allow the details of all proper respondents to the claim to be included in the Form.*\n\n**5. DESCRIPTION OF THE INCIDENT**\n\nDate of incident:\n\nTime of incident:\n\nLocation of incident:\n\nDescription of incident:\n\n**6. THE INJURY TO THE CLAIMANT**\n\n*Set out all the injuries claimed to have been suffered by the claimant as a result of the incident:*\n\n*Provide details of the non-economic loss suffered by the claimant as a result of the injury:*\n\n*Note: Under section 28LB of the* ***Wrongs Act 1958****,* ***non-economic loss*** *is defined to mean any one or more of the following—*\n\n*(a) pain and suffering;*\n\n*(b) loss of amenities of life;*\n\n*(c) loss of enjoyment of life.*\n\n**7. DOCUMENTATION OF THE INCIDENT AND INJURY**\n\nIf the claimant intends to rely on a report of the incident to make the claim:\n\nDate of report:\n\nName of person to whom the report was made:\n\n**8. DETAILS OF MEDICAL PRACTITIONER/S**\n\nIf the claimant has been treated by a medical practitioner in relation to the injury:\n\nName of medical practitioner:\n\nProfessional qualifications of medical practitioner:\n\nAddress of medical practitioner:\n\nTelephone number of medical practitioner:\n\nEmail of medical practitioner:\n\n*Note: If a claimant has been treated by more than one medical practitioner, this Part of Form 4 may be expanded to include the details of any additional medical practitioners.*\n\n**9. CERTIFICATION BY CLAIMANT (or claimant's legal representative)**\n\nSignature of claimant:\n\nDate:\n\nOR:\n\nSignature of claimant's legal representative:\n\nDate:\n\n***Note:* *Respondent must respond in writing to the claimant within 60 days.***\n\n*Under section 28LW(1) of the* ***Wrongs Act 1958****, a respondent on whom a copy of a certificate of assessment is served must respond in writing to the claimant within 60 days after receiving the certificate and the required information under section 28LT.*\n\n*If the respondent fails to respond in writing within the 60 days, the respondent is deemed to have accepted the assessment (section 28LW(4)).*\n\nForm 5\n\nRegulation 9\n\nNOTICE OF REFERRAL OF MEDICAL QUESTION TO MEDICAL PANELS\n\n**Wrongs Act 1958**\n\nSection 28LZA(1)(a)\n\n**1. MEDICAL QUESTION**\n\n*🞏 Does the degree of [impairment](http://www5.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28lb.html#impairment) resulting from the physical [injury](http://www5.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28lb.html#injury) to the [claimant](http://www5.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28lb.html#claimant) alleged in the claim satisfy the [threshold level](http://www5.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28lb.html#threshold_level)?\n\n*🞏 Does the degree of impairment resulting from the psychiatric or psychological injury to the [claimant](http://www5.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28lb.html#claimant) alleged in the claim satisfy the [threshold level](http://www5.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28lb.html#threshold_level)?\n\n[**tick appropriate box/boxes*]\n\n**2. RESPONDENT'S DETAILS**\n\nRespondent's full name:\n\nRespondent's address:\n\nRespondent's telephone number:\n\nRespondent's email:\n\n**3. RESPONDENT'S LEGAL REPRESENTATIVE'S DETAILS (if applicable)**\n\nLegal representative's name:\n\nLegal representative's address:\n\nLegal representative's telephone number:\n\nLegal representative's email:\n\n**4. RECEIPT OF INFORMATION FROM CLAIMANT**\n\nDate on which the respondent received the certificate of assessment:\n\nDate on which the respondent received Form 4 from the claimant:\n\n**5. ATTACHED DOCUMENTS**\n\nThe following documents must be included as attachments to this Form:\n\n🞏 Certificate of assessment received from the claimant\n\n🞏 A copy of Form 4 received from the claimant\n\n🞏 Statement of claim (if received from the claimant)\n\n**6. CERTIFICATION BY RESPONDENT (or respondent's legal representative)**\n\n🞏 I have advised the claimant that I have referred a medical question in relation to the assessment to a Medical Panel for determination.\n\nSignature of respondent: Date:\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 Wrongs (Part VBA Claims) Regulations 2025, S.R. No. 18/2025 were made on 15 April 2025 by the Governor in Council under section 28LZP of the **Wrongs Act 1958**, No. 6420/1958 and came into operation on 4 May 2025: regulation 3.\n\nThe Wrongs (Part VBA Claims) Regulations 2025 will sunset 10 years after the day of making on 15 April 2035 (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\nThere are no amendments made to the Wrongs (Part VBA Claims) Regulations 2025 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 31/2015 as amended by S.R. No. 1/2016. [↑](#endnote-ref-1)\n\n2. Reg. 4: S.R. No. 1/2016. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the substantive content of the regulation was not included in the text provided. Only administrative and version history metadata was supplied. No departure from original intent can be identified or ruled out."},"complexity_factors":["Insufficient legislative content provided — only metadata and version history are present, preventing substantive analysis","Regulations of this type (delegated legislation under the Wrongs Act) can involve technical thresholds, medical assessment processes, and defined terms that add complexity, but none of that content is visible here","Cross-referencing with the parent Act (Wrongs Act 1958 Part VBA) would be required to understand full context"],"plain_english_summary":"A 2025 Victorian statutory rule (SR 18/2025) made under the Wrongs Act 1958 provides regulatory detail for Part VBA personal‑injury claims — the framework that typically governs thresholds or procedures for damages in Victoria. It affects injured people, insurers and legal practitioners by shaping how certain claims are processed. The regulation’s substantive text isn’t provided here, so specific rules, dollar amounts and obligations cannot be reported."},"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These Regulations replace earlier 2015/2016 subordinate rules (Reg 4) but do not alter the substantive coverage of Part VBA of the Wrongs Act. They limit their effect to prescribing forms and specified procedural information for use under the Act (Reg 1)."},"complexity_factors":["Prescriptive, form‑based instrument that standardises documents rather than creating new substantive law (Regs 1, 5–9; Schedule 1).","Extensive cross‑references to the Wrongs Act 1958 for legal effect, definitions and thresholds (Regs 2, 5–9; Forms reference s.28LB, s.28LN, s.28LNA, s.28LO, s.28LT, s.28LZA).","Medical requirements and thresholds constrained by the Act: only an 'approved medical practitioner' may issue the certificates; specific impairment thresholds are referenced (Forms 1–2; see s.28LB of Wrongs Act).","Procedural time limits and a deemed‑acceptance consequence create compliance risk for respondents (Form 4 notes; references to s.28LO(2), s.28LW(4) and s.28LT(2)).","Mandatory information fields create a measurable compliance burden on claimants and respondents (Regs 7–9; Forms 3–5 require personal, incident and medical practitioner details).","Decision‑making authority is split: medical practitioners certify uncertainty or satisfaction; Medical Panels decide referred medical questions (Reg 9; Form 5; reference to s.28LZA).","Administrative housekeeping matters increase legal formality: revocation of prior regulations and a ten‑year sunset are included (Reg 4; Endnotes)."],"plain_english_summary":"These Regulations set the exact forms and information required for personal injury claims under Part VBA of the Wrongs Act 1958. They prescribe how medical practitioners certify impairment (stabilised or not), what claimants must supply to waive an assessment or to start a claim, what respondents must provide, and how medical questions are referred to Medical Panels. Claimants and respondents bear the filing and information‑provision costs; approved medical practitioners and Medical Panels make the key medical determinations, and respondents risk deemed acceptance if they do not respond in time."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose of prescribing forms and procedural requirements for Part VBA claims. They replace the 2015 and 2016 regulations without expanding into new substantive areas. The scope is limited to administrative machinery: standard forms for medical certificates, claim notifications, and Medical Panel referrals."},"complexity_factors":["Straightforward structure with only 9 regulations plus a schedule of forms","No nested exceptions or complex conditional logic - each regulation has a single clear purpose","Minimal cross-referencing - only references to specific sections of the parent Wrongs Act 1958","Forms are lengthy but use plain language with clear field labels and explanatory notes","No defined terms section - relies on definitions in the parent Act","Simple procedural rules without substantive legal tests or discretionary powers"],"plain_english_summary":"This legislation is a set of regulations that creates standard forms and procedures for personal injury claims under Part VBA of Victoria's Wrongs Act 1958. These rules apply when someone wants to sue for non-economic loss (pain and suffering, loss of enjoyment of life) from an injury.\n\n**What it does:**\n- **Sets up medical assessment forms**: Doctors must use specific forms (Forms 1 and 2) to certify whether an injury meets the legal threshold to claim damages. The threshold is more than 5% impairment for physical injuries, 10% or more for psychiatric injuries, and 5% or more for spinal injuries.\n- **Creates claim notification forms**: Injured people (claimants) must provide detailed information to the person they're suing (the respondent) using Forms 3 or 4, including incident details, injuries, and medical practitioner information.\n- **Establishes dispute referral forms**: If the respondent disagrees with the medical assessment, they use Form 5 to refer questions to a Medical Panel for independent determination.\n\n**Who it affects:**\n- People injured in accidents who want to claim compensation for pain and suffering in Victoria\n- Medical practitioners who assess injuries for legal purposes\n- Respondents (usually insurers or defendants) defending personal injury claims\n- Legal representatives handling these claims\n\n**Why it matters:**\nThese regulations ensure everyone follows the same paperwork process, which helps determine early whether an injury is serious enough to warrant compensation. This prevents weak claims from clogging up courts and ensures serious injuries get proper assessment. The forms standardise what information must be exchanged between injured parties and defendants, creating a fair and transparent process.\n\n**Key features:**\n- **Threshold tests**: Injuries must meet minimum severity levels before compensation is available\n- **Stabilisation requirement**: Injuries usually need to be stable (not getting better or worse) before assessment, though there's a special form (Form 2) for cases where doctors believe the injury will meet the threshold once stable\n- **60-day response rule**: Respondents must reply to claims within 60 days or risk automatically accepting the assessment"}},"importantCases":[],"_links":{"self":"/api/acts/wrongs-part-vba-claims-regulations-2025","history":"/api/acts/wrongs-part-vba-claims-regulations-2025/history","analysis":"/api/acts/wrongs-part-vba-claims-regulations-2025/analysis","conflicts":"/api/acts/wrongs-part-vba-claims-regulations-2025/conflicts","importantCases":"/api/acts/wrongs-part-vba-claims-regulations-2025/important-cases","documents":"/api/acts/wrongs-part-vba-claims-regulations-2025/documents"}}