Separate NIISQ needs from NDIS supports in a Queensland settlement

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
From the plan and the proposed settlement the lawyer supplies, list the supports that relate to the injury and the heads that may cover the same needs. Flag treatment, care and support that may be funded by the National Injury Insurance Scheme. Do not value a recovery and do not say what either agency will seek.
What the lawyer must review
  • Decide which needs are NIISQ, which are NDIS, and which are damages
  • Treat section 52B as a bar while the person is or was a participant
  • Apply section 52C yourself. It was not opened
  • Use the agency's current compensation guideline on the day of advice
Written for / version
Queensland versionQLDNSWVIC

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. Queensland settlement for a person who may have NDIS supports, National Injury Insurance Scheme funding, or both

Produce. A list of supports, the settlement heads that may cover the same needs, and a flag for treatment, care and support. No recovery figure.

Have ready. The plan and the supports the lawyer identifies; The proposed settlement heads; Whether the person is or was a scheme participant after a Queensland motor accident.

Example of the limit. Illustrative example: The draft values future care as damages and ignores a motor-accident participant. The lawyer separates the treatment, care and support needs that arise during participation and leaves section 52C for a separate check.

Stop and hand it back when

  • The tool has inserted a recovery amount or an NDIS time limit.
  • It is not yet known whether the injury was a Queensland motor accident on or after 1 July 2016.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceFrom the plan and the proposed settlement the lawyer supplies, list the supports that relate to the injury and the heads that may cover the same needs. Flag treatment, care and support that may be funded by the National Injury Insurance Scheme. Do not value a recovery and do not say what either agency will seek.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. The National Injury Insurance Scheme, Queensland funds necessary and reasonable treatment, care and support for an eligible serious personal injury in a Queensland motor vehicle accident on or after 1 July 2016. It is no-fault. The criteria are in the National Injury Insurance Scheme (Queensland) Act 2016 and the Regulation. The public page lists permanent spinal cord injury, traumatic brain injury, multiple or high-level limb amputation, permanent brachial plexus injury, severe burns, and permanent blindness caused by trauma. The numerical eligibility tests were not used. The category name is not enough.
  2. Civil Liability Act section 52B applies to damages for personal injury from a motor accident where the person is or was a participant in relation to a serious personal injury from that accident. A court cannot award damages for treatment, care and support needs that result from the personal injury and arise while the person is or was a participant. It applies whether or not the injury is itself a serious personal injury, and whether or not the need is an approved service. It is subject to section 52C, which was not opened.
  3. The public NDIS compensation page at the address opened on 23 October 2026 did not return the compensation rules. This version does not state an NDIS recovery amount, section or time. The lawyer uses the agency's current guideline.
  4. The scheme page is about motor vehicle accidents. It was not read as covering a work injury. For workers' damages, the note to section 237 of the Workers' Compensation and Rehabilitation Act 2003 points to section 232V(3): a worker required to elect to seek treatment, care and support damages who does not make the election is not entitled to seek those damages. Section 232V itself was not opened.

Forms and precedents for this task

Forms and precedents for this task
Form or precedentKindAI useSummary
NDIS compensation: what to tell the agency before and after settlementChecklistAI use YellowChecklist for telling the NDIA about compensation, and for the recoverable amount and compensation reduction amount as the NDIA page describes them.
Settlement advice letter before a personal injury release is signedLetterAI use YellowLetter to the injured person before a personal injury settlement is signed, with blanks for the lawyer's view on liability, the ranges, the recommendation, and the costs figures required before settlement.
Client checklist after a personal injury settlementChecklistAI use YellowWhat a client does after a personal injury settlement is signed: Medicare, Centrelink, the NDIS, tax, and money held for a child.

Signed-in accounts can read the full text of each one. All precedents.

Sources

An eligibility decision can be reviewed internally within 28 days. The agency page says it reviews within 28 days, with more time if it needs further information, and writes with the result within 14 days of making the decision. External review follows internal review: a Medical Assessment Tribunal referral requested within 28 days for a medical decision, or QCAT Form 23 within 28 days for a non-medical decision.

A Queensland settlement should keep scheme-funded treatment, care and support separate from NDIS supports and from the heads of damages.

Plan and medical material stays in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider Privacy Act notification.

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