---
title: "Check if Queensland scheme insurance is outside family and employee subrogation limits"
url: "https://ailawframework.com/practice/insurance-law/check-whether-statute-limits-subrogation-against-a-family-member-permitt/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A22-MA20261022-3-QLD"
practice_area: "Insurance Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Check if Queensland scheme insurance is outside family and employee subrogation limits

> 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.

Canonical page: https://ailawframework.com/practice/insurance-law/check-whether-statute-limits-subrogation-against-a-family-member-permitt/queensland  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Insurance Law](https://ailawframework.com/practice/insurance-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | Queensland |
| Applies to | [Check whether statute limits subrogation against a family member, permitted driver or employee](https://ailawframework.com/practice/insurance-law/check-whether-statute-limits-subrogation-against-a-family-member-permitt.md) |

## Checking plan

**Verify against sources**

The lawyer decides whether sections 65 and 66 can apply, or whether the contract is outside the Act.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Identify the policy before naming sections 65 or 66.
2. If section 9 excludes the contract, leave the family-member and employee rows blank.
3. Do not describe section 207B as a limit on recovery against a family member.

## Notes

- 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.

## Practical guide

Jurisdiction: Recovery under a Queensland workers' compensation or motor-accident policy

**Deliverable**: A sorting table. No conclusion that recovery is barred.

**Inputs**

- The policy
- The loss report
- The relationship the papers show

**Example**: 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 escalate when**

- The policy class is unknown.
- The question is the section 207B charge, not a family or employee recovery.

Checked 2026-10-23.

## Sources

- [Insurance Contracts Act 1984 (Cth) s 9](https://classic.austlii.edu.au/au/legis/cth/consol_act/ica1984220/s9.html) (checked 2026-10-23)
- [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 207B](https://classic.austlii.edu.au/au/legis/qld/consol_act/wcara2003400/s207b.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*