Overview

Part VBA of the Wrongs Act 1958 introducing the thresholds for significant injury and the procedural requirements for service of a claim under that Part used in public/occupier’s liability and medical negligence claims to establish an entitlement to pain and suffering damages, was one of the major personal injury tort reforms introduced by the Victorian Government by the passing of the Wrongs and Other Acts (Law of Negligence) Act 2003. The Act has seen a number of amendments, the most notable of which was the Wrongs Amendment Act 2015, which saw some easing of the original reforms. If a Respondent to a claim under the Act disputes the Certificate of Assessment as to the degree of impairment served by the Applicant with the claim, then it must make a referral to the Medical Panel. That procedure is governed by Division 5 of that Part. That process has at times seen significant delays at Medical Panel with sometimes multiple requests for clinal records and documents by a Respondent.

The Medical Panel sought assistance from the profession to develop protocols akin to the highly successful TAC protocols, to try to streamline the referral process and limit the delays which were occurring at Medical Panel. After significant consultation with practitioners regularly involved with these claims sitting on a Medical Panel Legal Liaison Working Group, these protocols have now been published and are in operation from April this year.

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