Check if Queensland scheme insurance is outside family and employee subrogation limits
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the policy and the loss report, list the third party, the relationship shown, and whether the contract is a workers' compensation or motor-accident contract. Do not say that recovery is barred.
- What the lawyer must review
- Do not apply the family or employee limits until you decide the Insurance Contracts Act applies.
- A workers' compensation charge on damages is a different question. Do not use it as the family-member rule.
- You decide the relationship and whether misconduct is alleged.
- Use a firm-controlled tool. Check ASCR r 9, APP 11 and any notifiable breach.
- Written for / version
- Queensland versionQLD
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Recovery under a Queensland workers' compensation or motor-accident policy
Produce. A sorting table. No conclusion that recovery is barred.
Have ready. The policy; The loss report; The relationship the papers show.
Example of the limit. Illustrative example: The CTP insurer asks about recovery from the injured person's partner, who was driving. The table marks the policy as a Motor Accident Insurance Act contract and leaves the section 65 row blank.
Stop and hand it back when
- The policy class is unknown.
- The question is the section 207B charge, not a family or employee recovery.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the policy and the loss report, list the third party, the relationship shown, and whether the contract is a workers' compensation or motor-accident contract. Do not say that recovery is barred. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Identify the policy before naming sections 65 or 66.
- If section 9 excludes the contract, leave the family-member and employee rows blank.
- Do not describe section 207B as a limit on recovery against a family member.
Sources
- Insurance Contracts Act 1984 (Cth) s 9 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 207B · 2026-10-23
Health, wage and scheme records stay in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a disclosure is notifiable under the Privacy Act 1988 (Cth).
Sections 65 and 66 are in the Insurance Contracts Act. They are not the test for a contract that section 9(1)(e) or (f) takes outside the Act.
Section 207B is the insurer's charge on damages. It applies where an injury creates an entitlement to compensation and a legal liability in the employer, or another person, to pay damages independently of the Act, and the damages are damages an employer is not indemnified against under the Act. It is not a limit on subrogation against a family member, a permitted driver, or an employee.