If you’ve sustained an acquired brain injury (ABI) in a transport accident, the decisions made by the Transport Accident Commission (TAC) can significantly shape your path to recovery. Whether it’s funding for rehabilitation, surgery, support services or weekly compensation, a refusal from the TAC can be overwhelming - especially when you're already facing complex medical, cognitive and financial challenges.
It’s important to remember that a TAC decision is not the final word. You have several options to challenge a decision you believe is wrong, unfair or lacking key information.
This article explains the steps you can take to appeal a TAC decision, particularly if you're living with an ABI or supporting someone who is.
First things first - understand the TAC’s decision
You may receive many decisions from the TAC during the course of your claim. Even if your claim has initially been accepted the TAC may deny funding for requested treatment, or decline to accept that newly discovered injuries are related to your car accident.
If the TAC decline a claim, a request or liability, the decision letter should explain why. It may say the TAC doesn’t believe your injuries are related to the transport accident or that certain treatment or services aren’t considered reasonable or necessary.
This can be quite frustrating particularly if you're dealing with the effects of an ABI and the financial strain of ongoing treatment or lost income. But a rejection isn’t necessarily the end of the road - and you have the right to respond.
Before you do anything else, take the time to:
- Read the decision letter carefully
- Note the date of the decision (this starts the 12-month time limit to challenge it)
- Gather any medical reports treatment records or other information that may not have been considered
From here you can either contact the TAC with new information or begin the process of a formal review.
The formal TAC dispute resolution process
If you're represented by a lawyer you can instruct them to formally dispute the TAC’s decision on your behalf. Your lawyer should use the TAC Dispute Resolution Protocols - a collaborative process developed between the TAC, the Law Institute of Victoria and the Australian Lawyers Alliance.
In 2025, as part of the Protocols Optimisation program, the TAC, ALA and LIV are trialling a new initiative called the ‘Dispute Pathways Innovation Trial’. The aim of this initiative is to improve efficiency and deliver earlier outcomes for clients.
As part of this trial, a revised Dispute Resolution Application Form has been established, which aims for a better triage and more proactive engagement by the TAC. Furthermore, in an effort to improve transparency and ensure clients are fully engaged, the trial is also testing a more consistent requirement for signed client statements.
At the outset of an appeal, lawyers will be asked to identify the dispute type (‘Fast Track’; ‘Time Limit’; or ‘Standard’) and the outcome the client is seeking (on a no-prejudice basis).
| Fast Track | For urgent disputes lodged within one month of the TAC’s decision | Statement to be provided by agreement |
| Time Limit | Maintains a client’s right to a review while collecting information or resolving a concurrent matter - a review date (within 120 days) must be nominated | Statement within 120 days or by agreement |
| Standard | Applies where Fast Track and Time Limit don’t apply | Statement at the time of dispute resolution lodgement |
Timeline
This process is designed to resolve disputes more quickly without going to court - while you still have the right to go to court if an agreement can’t be reached.
Note: This timeline applies primarily to Standard disputes under the Dispute Resolution Protocols. For Fast Track and Time Limit matters (introduced under the Dispute Pathways Innovation Trial), some steps or timeframes may vary, as outlined below.
| Day 0 | Dispute Application lodged by your lawyer (within 12 months of decision) | All pathways begin here. Lawyer must nominate dispute type: Fast Track, Time Limit, or Standard |
| At lodgement | Signed client statement provided |
Standard: required at lodgement Time Limit: due within 120 days Fast Track: provided by agreement |
| Within 14 days | TAC acknowledges receipt of application |
Standard and Fast Track: written acknowledgment sent Time Limit: acknowledgment includes review date confirmation |
| Within 28 days | Supporting evidence submitted by your lawyer TAC provides documents relied on in its decision |
Standard: full 28-day documentation exchange applies Fast Track: documentation by agreement Time Limit: 28-day docs not provided until review date passes and matter proceeds |
| Within ~90 days | Dispute conference held (in person or online) |
Standard: scheduled after review Fast Track: may occur earlier by agreement Time Limit: conference not scheduled until review date confirms readiness |
| Within 14 days of conference | TAC notifies your lawyer of the outcome | Applies to all pathways once conference is held |
| If no response from TAC within 14 days | You may apply to VCAT for formal review | Applies to all pathways |
Option 3: Apply to VCAT
If you are still unhappy with the decision - either after an informal review or the dispute resolution process - you can apply to have the matter reviewed by the Victorian Civil and Administrative Tribunal (VCAT).
This is a formal legal process and it’s best to be represented by a lawyer experienced in TAC and ABI matters. You have 12 months from the date of the decision to lodge an application with VCAT.
Key time limits to remember
- 12 months from the date of the decision to request an informal review
- 12 months from the date of becoming aware of the TAC’s decision to:
- Lodge a dispute resolution application with the TAC (via a lawyer)
- Apply to VCAT for a formal review
These time limits do not stop running while other review processes are underway so it’s important to get legal advice early to preserve your options.
When to seek TAC claim help
ABI-related claims are often complex and require strong medical evidence and a clear understanding of TAC protocols. Navigating the system on your own can be overwhelming - especially if you're also coping with rehabilitation and family responsibilities.
A lawyer with expertise in TAC law can help you:
- Review the TAC’s reasons for rejecting your claim
- Collect and present supporting medical and financial evidence
- Represent you during dispute resolution or at VCAT
- Maximise your chances of overturning the decision
Jeremy King leads the TAC compensation team at Robinson Gill Lawyers and has built a strong reputation for assisting clients with ABI-related claims. He is known for challenging TAC decisions - always with a focus on securing fair outcomes for people with life-changing injuries.
If you’ve had a TAC claim rejected and need help understanding your options Robinson Gill Lawyers is available to provide experienced and practical advice tailored to your situation.
How can I learn more?
Jeremy King.
Principal.
- Injury Law & Police Misconduct
- 03 9890 3321
- Email Address: j.king@robinsongill.com.au
Jeremy King is a Principal Lawyer and head of the Police and Prisons team at Robinson Gill. With an imposing track record of high-profile actions against the Victorian police, Jeremy is at the forefront of the fight for police oversight and accountability. Through both his landmark litigation and advocacy work, he has played a key role in shaping legislative reform across Australia.
Some other resources you
might find helpful
Rich v TAC [2025] VCC 1517 – A pragmatic County Court “nervous shock” serious injury decision and the application of Jones v Dunkel in a serious injury context
The decision of the County Court in Rich v TAC [2025] VCC 1517 is an interesting example of a serious injury decision for a psychiatrically injured plaintiff under s.93 of the Transport Accident Act 1986 (the TAA).
Section 459 arrest power: when are there reasonable grounds to believe an indictable offence has been committed?
The case of Carrie Peters (a Pseudonym) v the State of Victoria [2023] VCC 1791 examined the circumstances in which police are entitled to arrest an individual without a warrant under section 459 of the Crimes Act 1958 (Vic) (Crimes Act).
What Role Does the TAC Clinical Panel Play in Determining Whether Your Surgery Is Paid For?
If you’ve been injured in a transport accident, you may be surprised to find that the Transport Accident Commission (TAC) don’t automatically agree to pay for all requested treatment.