---
title: "Adapt a release to sections 75, 76, 151A and 3.40"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/adapt-a-personal-injury-release-to-the-agreed-compromise/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-ST20261023-6-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Adapt a release to sections 75, 76, 151A and 3.40

> Adapt the operative release to the parties, the claims released, the benefits that continue or stop, and the amounts that must be held.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/adapt-a-personal-injury-release-to-the-agreed-compromise/new-south-wales  
Last reviewed: 2026-10-25

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Adapt the operative release to the parties, the claims released, the benefits that continue or stop, and the amounts that must be held. Mark where section 75 or section 76 still requires approval before the release binds. Leave Commonwealth compensation-recovery clauses out. |
| What the lawyer must review | The lawyer settles every operative clause and who can sign Mark approval as still required unless the opened section says it is not Do not put Medicare, Centrelink or NDIS clauses in this release |
| Written for | New South Wales |
| Applies to | [Adapt a personal injury release to the agreed compromise](https://ailawframework.com/practice/personal-injury-and-compensation/adapt-a-personal-injury-release-to-the-agreed-compromise.md) |

## Checking plan

**Verify against sources**

The release follows the compromise and the opened bring-to-account sections. It does not decide that approval has been given.

- What the AI does: Adapt the operative release to the parties, the claims released, the benefits that continue or stop, and the amounts that must be held. Mark where section 75 or section 76 still requires approval before the release binds. Leave Commonwealth compensation-recovery clauses out.
- What the lawyer does: Settle every clause, and confirm whether approval is still required.
- 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. If no proceeding has started, section 75 means a compromise for a person under legal incapacity binds that person only if the court approves it. If a proceeding is on foot, section 76(3) requires approval of the compromise unless section 76(3A) applies because, on the day of the agreement, the person has turned 18 and is not otherwise a person in section 76(1).
2. Benefits that stop or must be repaid are taken from the subsection that fits. Section 151A is only where the damages are recovered from the employer. Section 3.40(1) stops further Division 3.3 weekly statutory benefits and deducts benefits already paid under that Division. Do not write a wider repayment.
3. The bench book says that, in general, a compromise for a person under legal incapacity should not be on an inclusive-of-costs basis. The draft marks an inclusive figure for the lawyer. It does not decide the point.
4. The release is a document the parties sign. The lawyer reads it before anyone signs. It is not filed by this task.

## Notes

- Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).
- A tutor can compromise only if the compromise is for the benefit of the person under legal incapacity. The bench book says the court cannot force a compromise against the tutor's opinion. The draft does not say the tutor has approved.

## Practical guide

Jurisdiction: New South Wales

**Deliverable**: A release marked up to the compromise, with approval still flagged where the section requires it.

**Inputs**

- The agreed parties and claims
- Whether a proceeding has started
- The benefits the lawyer says must stop or be repaid

**Example**: Illustrative example: The release stops weekly statutory benefits under section 3.40(1). It does not say workers compensation ceases, because the damages are not recovered from the employer.

**Stop and escalate when**

- Approval is still required and the draft would say the release already binds.
- The draft would add a Medicare clause.

Checked 2026-10-23.

## Sources

- [Civil Procedure Act 2005 (NSW), section 75](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s75.html) (checked 2026-10-23)
- [Civil Procedure Act 2005 (NSW), section 76](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s76.html) (checked 2026-10-23)
- [Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 151A](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1987-070) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW), in force from 10 June 2026, section 3.40](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2017-010) (checked 2026-10-23)
- [Judicial Commission of NSW, Civil Bench Book, compromise and inclusive costs](https://www.judcom.nsw.gov.au/publications/benchbks/civil/persons_under_legal_incapacity.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.*