---
title: "Cap loss of employer superannuation under the New South Wales provision that applies"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/calculate-loss-of-employer-superannuation-contributions/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DM20261023-6-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Cap loss of employer superannuation under the New South Wales provision that applies

> Record which superannuation cap the lawyer names, and leave the percentage and the amount blank. Do not treat the cap as an automatic award.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/calculate-loss-of-employer-superannuation-contributions/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 | Record which superannuation cap the lawyer names, and leave the percentage and the amount blank. Do not treat the cap as an automatic award. |
| What the lawyer must review | Section 15C is a cap, and it does not apply to a Motor Accident Injuries Act award A Part 4 award uses section 4.6(3), which is also a cap The percentage is the minimum percentage required by law. Do not insert a figure. Do not use either section for work injury damages |
| Written for | New South Wales |
| Applies to | [Calculate loss of employer superannuation contributions](https://ailawframework.com/practice/personal-injury-and-compensation/calculate-loss-of-employer-superannuation-contributions.md) |

## Checking plan

**Verify against sources**

The row names the cap. It does not award superannuation and it does not insert a percentage.

- What the AI does: Record which superannuation cap the lawyer names, and leave the percentage and the amount blank. Do not treat the cap as an automatic award.
- What the lawyer does: Decide which section applies and accept the percentage and the earning-capacity damages it is applied to.
- 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. Civil Liability Act section 15C caps damages for loss of employer superannuation contributions at the relevant percentage of the Part 2 damages for the impaired earning capacity on which those contributions are based.
2. The relevant percentage is the minimum percentage required by law to be paid as employer superannuation contributions. That percentage was not opened.
3. Section 3B(2)(b) applies section 15C to motor accidents except a motor accident to which the Motor Accident Injuries Act 2017 applies. Section 3B(1)(f) takes work injury damages outside the Act other than Part 1B.
4. For a Part 4 award, section 4.6(3) sets the same style of cap on loss of employer superannuation contributions. It is still a maximum, not an automatic award.

## Notes

- Do not restate the future-assumptions task. The percentage and the earning-capacity figure are the lawyer's.
- 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).

## Practical guide

Jurisdiction: A New South Wales damages claim in which loss of employer superannuation is a head

**Deliverable**: A superannuation row with the percentage and the amount left blank.

**Inputs**

- The Act the lawyer has named
- The earning-capacity damages the lawyer has accepted, if any
- The minimum superannuation percentage the lawyer has confirmed

**Example**: Illustrative example: The claim is a motor accident damages claim. The row cites section 4.6(3) and does not cite section 15C. Both figures stay blank.

**Stop and escalate when**

- The lawyer has not named the Act.
- The row would award superannuation rather than record a cap.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW), in force from 30 July 2026, sections 3B and 15C](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2002-022) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW), in force from 10 July 2026, section 4.6](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2017-010) (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.

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