---
title: "Calculate loss of employer superannuation contributions"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/calculate-loss-of-employer-superannuation-contributions"
type: "task"
site: "AI Law Framework"
id: "A21-DM20261023-6"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Calculate loss of employer superannuation contributions

> From the earning-capacity damages and the employer contribution percentage the lawyer has accepted, the firm-controlled tool shows the statutory maximum for lost employer superannuation and leaves the cell blank if…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/calculate-loss-of-employer-superannuation-contributions  
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 earning-capacity damages and the employer contribution percentage the lawyer has accepted, the firm-controlled tool shows the statutory maximum for lost employer superannuation and leaves the cell blank if either figure is missing. It does not write a schedule that will be filed or served. |
| What the lawyer must review | You set the percentage for each period the contributions would have been made. You decide whether a statutory cap applies to this claim. 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**

Apply the statutory cap only where the section applies, and use the percentage for the period the contributions would have been made.

- What the AI does: From the earning-capacity damages and the employer contribution percentage the lawyer has accepted, the firm-controlled tool shows the statutory maximum for lost employer superannuation and leaves the cell blank if either figure is missing. It does not write a schedule that will be filed or served.
- What the lawyer does: You set the percentage for each period the contributions would have been made. You decide whether a statutory cap applies to this claim. 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. Use the general super guarantee percentage for the period, not one rate for the whole loss.
2. Do not use the Norfolk Island transitional rate.
3. In New South Wales, do not apply s 15C to a Motor Accident Injuries Act 2017 award or to work-injury damages under Workers Compensation Act 1987 Division 3 of Part 5.
4. In Victoria, do not import a New South Wales or Queensland cap. The opened Wrongs Act table of provisions has no superannuation-damages section.

## 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 15C](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s15c.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 3B](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s3b.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) s 56](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s56.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic), table of provisions](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/) (checked 2026-10-23)
- [Australian Taxation Office, super guarantee](https://www.ato.gov.au/tax-rates-and-codes/key-superannuation-rates-and-thresholds/super-guarantee) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Letter of instruction to an actuary on future loss](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-actuary-on-future-loss.md) | Letter | Yellow | Letter asking an actuary to value future earnings and future treatment streams on the lawyer's assumptions, with the rate, percentage and life table left blank. |

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

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/calculate-loss-of-employer-superannuation-contributions/victoria.md) | Yellow |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/calculate-loss-of-employer-superannuation-contributions/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/calculate-loss-of-employer-superannuation-contributions/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.*