---
title: "Test lost gratuitous care to others against section 59A"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-capacity-to-provide-gratuitous-care-to-dependants/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DM20261023-8-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Test lost gratuitous care to others against section 59A

> List the section 59A conditions against the facts the lawyer accepts, including the section 59C limits. Do not value the services, and do not insert the section 58 amount.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-capacity-to-provide-gratuitous-care-to-dependants/queensland  
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 | List the section 59A conditions against the facts the lawyer accepts, including the section 59C limits. Do not value the services, and do not insert the section 58 amount. |
| What the lawyer must review | Read section 59B before any award is considered Leave the section 58 amount blank Do not treat the section 60 interest bar as covering section 59A Health and wage records stay in a firm-controlled tool. Check ASCR r 9, APP 11 and Privacy Act notification |
| Written for | Queensland |
| Applies to | [Assess loss of capacity to provide gratuitous care to dependants](https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-capacity-to-provide-gratuitous-care-to-dependants.md) |

## Checking plan

**Verify against sources**

The tool tests the opened conditions. The lawyer reads section 59B, sets any amount, and decides whether an award is open.

- What the AI does: List the section 59A conditions against the facts the lawyer accepts, including the section 59C limits. Do not value the services, and do not insert the section 58 amount.
- What the lawyer does: The lawyer reads section 59B, decides whether each condition is met, and sets any amount.
- 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. Section 59A is subject to section 59B, which was not opened. Stop before an award is expressed and say that section 59B has not been read.
2. Generally, section 59A(2) allows an award only if every one of these is satisfied: death, or general damages before contributory negligence at least the amount prescribed under section 58; the recipient lived at the usual residence or was an unborn child; the services were provided, or would have been if the recipient was then unborn; the recipient is incapable because of age or physical or mental incapacity; a reasonable expectation of at least six hours a week for at least six months; and a need for those hours and that period that is reasonable. Sections 59A(3) and (4) are a separate path where those hours and that period are not met because of accommodation or other care. Leave the section 58 amount blank.
3. Section 59C: take into account the capacity before the relevant time, any benefit to people outside the household, and ordinary vicissitudes. Assess on the life expectancy immediately before the relevant time. Do not award for a period after death where an unrelated event shortens life. Award this loss only under section 59A, and do not put it into general damages.
4. Section 60 bars interest on damages for gratuitous services provided to an injured person. It does not name section 59A. Do not extend that bar. Section 5(3) keeps section 59A available for a dust-related condition or a tobacco injury. It does not keep it for a work injury.

## Notes

- Sections 59A(3) and (4) can relax the hours-and-months test where the recipient was given accommodation, including by another parent, primarily as a break, because of age, frailty or disability, if the court considers an award reasonable. The section's examples include alternate-week care, school holidays, and short-term respite.
- Gratuitous domestic services means services of a domestic nature for which there has been and will be no payment. Paid care is a different task. The relevant time is when the injury happened or, if symptoms were not immediately apparent, when the nature and extent became known.
- Wage, tax and care records stay in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether a breach is notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Queensland damages for loss of capacity to provide gratuitous domestic services to another person

**Deliverable**: A condition-by-condition list against the facts the lawyer accepts, with the section 58 amount blank and section 59B flagged as unread.

**Inputs**

- The care facts the lawyer accepts
- Whether the lawyer says the injury is a work injury, a dust-related condition, or a tobacco injury

**Example**: Illustrative example: The list marks the six-hour condition as not yet supported and leaves the section 58 amount blank. It does not state a dollar for the services.

**Stop and escalate when**

- Section 59B has not been read and the draft states an award.
- The services were paid for.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2003 (Qld) section 59A](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s59a.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) section 59C](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s59c.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) section 5](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/cla2003161/s5.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.

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