---
title: "Apply the NSW section 16 table for non-economic loss"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/apply-the-statutory-table-for-non-economic-loss-damages/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-SB20261022-4-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Apply the NSW section 16 table for non-economic loss

> Once the lawyer states a percentage of a most extreme case and the current declared maximum, apply the section 16 table, show the percentage of the maximum, and round to the nearest $500.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/apply-the-statutory-table-for-non-economic-loss-damages/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 | Once the lawyer states a percentage of a most extreme case and the current declared maximum, apply the section 16 table, show the percentage of the maximum, and round to the nearest $500. Do not choose the percentage or the maximum. |
| What the lawyer must review | No damages unless the severity is at least 15 per cent of a most extreme case Use the amount in the Order in force from 1 October 2026, not the $350,000 in section 16(2) Section 16 does not apply to motor accident awards or to work injury damages The lawyer writes any damages schedule that will be served |
| Written for | New South Wales |
| Applies to | [Apply the statutory table for non-economic loss damages](https://ailawframework.com/practice/personal-injury-and-compensation/apply-the-statutory-table-for-non-economic-loss-damages.md) |

## Checking plan

**Verify against sources**

The lawyer sets the percentage and the declared maximum. The tool applies the section 16 table only.

- What the AI does: Once the lawyer states a percentage of a most extreme case and the current declared maximum, apply the section 16 table, show the percentage of the maximum, and round to the nearest $500. Do not choose the percentage or the maximum.
- What the lawyer does: Decide the percentage, confirm the declared maximum, and settle any schedule that is served.
- 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. Stop if the percentage is under 15. Section 16(1) awards no damages below that severity.
2. Read the proportion from the table in section 16. Above 33 per cent of a most extreme case, the damages are the same proportion of the maximum.
3. Round the result to the nearest $500. Amounts of $250 and $750 round up.
4. Section 17 says the Minister's declared amount applies instead of the $350,000 printed in section 16(2). The Order is current from 1 October 2026. The dollar figure did not render on the page that was opened, so the lawyer copies it from the Order.

## Notes

- Section 3B(2) does not apply section 16 to motor accident awards. It does apply section 17A. Section 3B(1)(f) takes work injury damages outside the Act, and section 3B(1)(b) does the same for dust-disease damages.
- For a motor accident, the Guidelines treat non-economic loss as available where whole person impairment is greater than 10 per cent. That is not the section 16 table.

## Practical guide

Jurisdiction: NSW damages claim to which section 16 of the Civil Liability Act 2002 applies

**Deliverable**: A section 16 calculation from the lawyer's percentage and the declared maximum, with the rounding shown.

**Inputs**

- The lawyer's percentage of a most extreme case
- The declared maximum copied by the lawyer from the current Order
- The lawyer's confirmation that section 16 applies

**Example**: Illustrative example: The lawyer states 20 per cent of a most extreme case and a declared maximum taken from the Order. The table gives 3.5 per cent of that maximum, then rounds to the nearest $500. The tool does not choose 20 per cent.

**Stop and escalate when**

- The percentage is under 15, or the lawyer has not confirmed that section 16 applies.
- The declared maximum has not been copied from the Order in force.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) section 16](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s16.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) section 17](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s17.html) (checked 2026-10-23)
- [Civil Liability (Non-economic Loss) Order 2010, current from 1 October 2026](https://legislation.nsw.gov.au/view/pdf/inforce/2026-10-09/sl-2010-0606) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) section 3B](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s3b.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Schedule of damages for a personal injury claim](https://ailawframework.com/precedents/personal-injury-and-compensation/schedule-of-damages.md) | Court document | Yellow | Heads of damage for a plaintiff claim, with the Victorian, Queensland and New South Wales limits, in a form that can be adapted to a Queensland statement of loss and damage. |
| [Non-economic loss workings](https://ailawframework.com/precedents/personal-injury-and-compensation/non-economic-loss-workings.md) | Other | Yellow | Workings for pain and suffering and loss of amenities: the Victorian threshold and gazetted cap, the Queensland injury scale for 2026–27, and the New South Wales proportion of a most extreme case. |

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

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