A joint medical examination (JME) is an independent medico-legal assessment jointly requested by the Transport Accident Commission (TAC) and a claimant’s legal representative for the purposes of assessing benefits, disputes or common law entitlements for transport accident injuries in Victoria.
The JME process has undergone significant changes in 2026, affecting both our clients and our medical experts.
The Joint Medical Examination Protocol 2026 came into effect on 30 March 2026, replacing the previous 2016 JME Protocol for requests lodged from that date.
Developed by the Transport Accident Commission (TAC), Australian Lawyers Alliance (ALA) and Law Institute of Victoria (LIV), the updated Protocol introduces a more structured approach to Joint Medical Examinations, with a focus on reducing unnecessary examinations, improving the quality and consistency of medical evidence and creating clearer processes for lawyers, examiners and the TAC.
A greater focus on reducing duplicate examinations
The new Protocol places greater emphasis on using a single, coordinated set of JMEs to address a client’s different entitlements where appropriate.
This may mean, for example, arranging an examination that can address both impairment and serious injury issues rather than requiring the client to attend separate examinations.
A new JME process map
The 2026 Protocol introduces a JME process map that provides a clearer pathway from the initial request through to the examination and final report.
Importantly, the process distinguishes between examinations scheduled less than 90 days away and those scheduled 90 days or more away.
For those arranging JMEs, this makes early planning more important, particularly where an examination may be used to progress impairment, serious injury or common law outcomes.
More defined requirements for Joint Medical Examiners
The 2026 Protocol introduces clearer eligibility requirements for practitioners undertaking JMEs.
Among other requirements, an examiner must have appropriate current AHPRA registration without conditions or supervision, relevant clinical experience and meet recency-of-practice requirements. Examiners must also agree to operate in accordance with the JME Guidelines and TAC JME Fee Schedule.
More detailed criteria for approving JME requests
The 2026 Protocol also provides greater clarity about circumstances in which a proposed examination may not be approved as a JME.
Examples include repeat examinations within the same discipline within 12 months, potential duplication between similar specialties, psychiatric examinations within 12 months of the accident in certain circumstances, examiner conflicts of interest and use of interstate examiners where appropriate local capacity exists.
The broader objective is to encourage JMEs to be used judiciously, particularly where existing treating or medico-legal evidence may already be sufficient.
Standardised Joint Letters of Instruction
Another significant practical change is the introduction of Joint Letter of Instruction templates.
Letters of instruction must now use templates jointly developed by the TAC, ALA and LIV. The prescribed content and standard questions cannot be removed or amended, although additional questions can be included where required.
The initiating party is responsible for compiling the final joint letter and supporting material, including additional questions or documents requested by the other party, and providing these to the examiner no later than 14 days before the examination.
This represents a more standardised approach than under the 2016 Protocol and is intended to reduce duplication, ensure relevant material reaches the examiner and improve the consistency and usefulness of JME reports.
For lawyers, there is less scope for separate or substantially different instructions being provided to an expert. It also makes getting the brief finalised and documents exchanged early particularly important.
For experts, the Joint Letter of Instruction should provide a clearer picture of what both parties need addressed. Before beginning the assessment, check the questions carefully and make sure the report responds to each relevant issue.
New JME Fee Schedule
A major change for medical examiners is the introduction of a formal TAC JME Examinations & Reports Fee Schedule, which took effect on 1 July 2026.
Compliance with the Fee Schedule forms part of the requirements for participating as a JME examiner. Where an examiner does not meet the eligibility requirements (including adherence to the Fee Schedule) the examination cannot proceed as an approved JME. The referring lawyer may select another eligible examiner or consider whether to proceed with the examination outside the JME process.
Clearer expectations around report turnaround
The Protocol now includes a defined follow-up process for outstanding reports.
The initiating party must contact the examiner 21 days after the examination if the report has not been received, and follow up again 7 days later if it remains outstanding. If the report is still not received 7 days after that second follow-up, the matter must be escalated and TAC will issue a formal letter to the examiner requesting the report within 7 days.
This is a new level of procedural detail compared with the 2016 Protocol and is designed to create clearer accountability for timely medico-legal reporting.
For lawyers, there is now a clearer process for following up delayed reports rather than allowing them to remain outstanding indefinitely.
For experts, report turnaround will be more closely monitored.
Addendum and supplementary reports are more clearly distinguished
The new Protocol expressly distinguishes between addendum reports and supplementary reports.
An addendum is intended to correct an error or omission in the original report and does not require prior authorisation or attract an additional fee. A supplementary report applies where new information is provided, additional commentary is required or further clarification of an opinion is sought. Supplementary JME reports continue to require agreement between the parties for TAC to fund them, and a specific supplementary report request process now applies.
Changes to cancellation and non-attendance fees
The 2026 Protocol also introduces a clearer limit on TAC liability for missed appointments.
TAC will pay for a maximum of one non-attendance or late cancellation per approved JME specialty, in accordance with the Fee Schedule. Further non-attendance or late-cancellation costs for that specialty will not be reimbursed by TAC.
The takeaway
The 2026 Protocol doesn’t change the fundamental purpose of a Joint Medical Examination. What it does change is how JMEs are planned, instructed and managed.
For lawyers, the biggest shift is towards planning earlier: considering whether examinations can serve multiple purposes, selecting eligible experts, using the prescribed instructions and ensuring briefs are provided on time.
For experts, there are clearer expectations around eligibility, fees, report turnaround and responding to the Joint Letter of Instruction. Find out how our Joint Medical Examination service meets them.
And for examinees, the intended outcome is a more coordinated process with fewer unnecessary examinations and less duplication.
For everyone involved, becoming familiar with the new requirements early will help avoid delays, unnecessary appointments and issues once an examination has already been booked.