--- title: "Assess loss of capacity to provide gratuitous care to dependants" url: "https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-capacity-to-provide-gratuitous-care-to-dependants" type: "task" site: "AI Law Framework" id: "A21-DM20261023-8" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "yellow" lawyer_review: "required" last_reviewed: "2026-10-25" --- # Assess loss of capacity to provide gratuitous care to dependants > From the hours, rate and dependant details the lawyer has accepted, the firm-controlled tool shows the capped value of lost gratuitous care to dependants and leaves a condition blank where the lawyer has not accepted… Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-capacity-to-provide-gratuitous-care-to-dependants 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 | From the hours, rate and dependant details the lawyer has accepted, the firm-controlled tool shows the capped value of lost gratuitous care to dependants and leaves a condition blank where the lawyer has not accepted it. It does not write a schedule that will be filed or served. | | What the lawyer must review | You decide whether each statutory condition is met, including the hour and month tests. You set the hours and the rate, and you keep this loss out of non-economic loss. Use a firm-controlled tool. Wage, tax and care records are confidential under ASCR r 9 and APP 11. Decide whether a breach would be notifiable under the Privacy Act 1988 (Cth). | | Written for / versions | 3 jurisdiction versions below | ## Checking plan **Source-by-source verification** Value only the care the lawyer accepts, and apply the cap the section actually states. - What the AI does: From the hours, rate and dependant details the lawyer has accepted, the firm-controlled tool shows the capped value of lost gratuitous care to dependants and leaves a condition blank where the lawyer has not accepted it. It does not write a schedule that will be filed or served. - What the lawyer does: You decide whether each statutory condition is met, including the hour and month tests. You set the hours and the rate, and you keep this loss out of non-economic loss. Use a firm-controlled tool. Wage, tax and care records are confidential under ASCR r 9 and APP 11. Decide whether a breach would be notifiable under the Privacy Act 1988 (Cth). - Who reviews: Responsible lawyer with competence in the matter - Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification. - Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive. - Restriction: The lawyer sets the rates, hours, percentages and net weekly loss. The tool shows arithmetic only from figures the lawyer has accepted. ## Checks the lawyer makes 1. Do not treat care provided to the injured person as care the injured person provided to dependants. 2. Keep the six-month wording exact: consecutive in New South Wales and Victoria, and at least six months in Queensland. 3. In New South Wales, cap every hour at the s 15(5) hourly rate, including where the care would have been 40 hours or more. 4. In Queensland, leave the s 58 general-damages threshold blank. That amount was not opened. ## Notes - These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI. - If a figure is copied into a document filed in court, the lawyer checks that court's generative-AI practice note. The opened notes are the New South Wales Supreme Court page for Practice Note SC Gen 23, the Victorian Supreme Court news page for Practice Note SC Gen 25, and the Law Society of NSW court-protocols page. The practice-direction PDFs were not opened. ## Sources - [Civil Liability Act 2002 (NSW) s 15B](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s15b.html) (checked 2026-10-23) - [Civil Liability Act 2002 (NSW) s 15](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s15.html) (checked 2026-10-23) - [Wrongs Act 1958 (Vic) s 28ID](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28id.html) (checked 2026-10-23) - [Wrongs Act 1958 (Vic) s 28IE](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28ie.html) (checked 2026-10-23) - [Civil Liability Act 2003 (Qld) s 59A](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s59a.html) (checked 2026-10-23) - [Civil Liability Act 2003 (Qld) s 59C](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s59c.html) (checked 2026-10-23) ## Forms and precedents for this task | Form or precedent | Kind | AI level | Summary | | --- | --- | --- | --- | | [Victoria Wrongs Act caps worksheet](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-wrongs-caps-worksheet.md) | Other | Yellow | Worksheet for the Wrongs Act 1958 (Vic) limits that were opened: the earnings cap, the indexed non-economic loss maximum, the discount rate, and the gratuitous care limits. No indexed dollar is typed. | Signed-in accounts can read the full text of each one. ## Jurisdiction versions | Jurisdiction | Level | | --- | --- | | [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-capacity-to-provide-gratuitous-care-to-dependants/victoria.md) | Yellow | | [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-capacity-to-provide-gratuitous-care-to-dependants/new-south-wales.md) | Yellow | | [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-capacity-to-provide-gratuitous-care-to-dependants/queensland.md) | Yellow | *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*