---
title: "Cap weekly earnings under the New South Wales statute that applies"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/cap-weekly-loss-of-earnings-at-three-times-average-weekly-earnings/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DM20261023-1-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 weekly earnings under the New South Wales statute that applies

> Where the lawyer names the statute, record the weekly-earnings cap that statute uses and leave the dollar blank. Do not apply one statute's cap to a claim under another.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/cap-weekly-loss-of-earnings-at-three-times-average-weekly-earnings/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 | Where the lawyer names the statute, record the weekly-earnings cap that statute uses and leave the dollar blank. Do not apply one statute's cap to a claim under another. |
| What the lawyer must review | Choose the statute before any cap is used Section 12 uses three times average weekly total earnings, on gross weekly earnings A Motor Accident Injuries Act award uses section 4.6, which is a net weekly test Work injury damages use section 151I and the section 34 maximum. Do not state a dollar |
| Written for | New South Wales |
| Applies to | [Cap weekly loss of earnings at three times average weekly earnings](https://ailawframework.com/practice/personal-injury-and-compensation/cap-weekly-loss-of-earnings-at-three-times-average-weekly-earnings.md) |

## Checking plan

**Verify against sources**

The row names the cap. The current dollar figure is the lawyer's, taken from the estimate or maximum in force on the day.

- What the AI does: Where the lawyer names the statute, record the weekly-earnings cap that statute uses and leave the dollar blank. Do not apply one statute's cap to a claim under another.
- What the lawyer does: Choose the statute and accept the weekly figure before any amount is disregarded.
- 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 12 applies to past economic loss from loss of earnings or impaired earning capacity, future economic loss from impaired earning capacity, and loss of expectation of financial support. The court disregards gross weekly earnings above three times average weekly earnings at the date of the award. That amount is the Australian Statistician's estimate of average weekly total earnings of all employees in New South Wales for the most recent quarter before the award for which the estimate is available to the court.
2. Section 12 does not apply to an award under Part 4 of the Motor Accident Injuries Act 2017 or to work injury damages. Section 12 is not one of the provisions section 3B(2) keeps for a Part 4 award. Section 3B(1)(f) takes work injury damages outside the Act other than Part 1B.
3. Motor Accident Injuries Act section 4.6 disregards the amount by which net weekly earnings would have exceeded the maximum weekly statutory benefits amount under Division 3.3. That maximum is a maximum gross earnings amount. The current figure was not opened. Leave the dollar blank.
4. Workers Compensation Act section 151I disregards the amount by which net weekly earnings would have exceeded the maximum amount of weekly payments under section 34. That maximum is a maximum gross earnings amount. The current maximum was not opened. Section 151I(2) tells the court to consider the likely section 34 amount for a future period, having regard to Division 6 of Part 3.

## Notes

- The Australian Statistician's estimate for section 12 was not opened. Do not type a dollar into the cap.
- 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, once the lawyer has named the Act

**Deliverable**: A note of which weekly cap applies, with the dollar left blank.

**Inputs**

- The Act the lawyer has named
- The gross or net weekly figure the lawyer has accepted
- The date of the award, if there is one

**Example**: Illustrative example: The claim is a motor accident damages claim. The table does not apply the three-times figure in section 12. It leaves the section 4.6 maximum blank.

**Stop and escalate when**

- The statute has not been named.
- A dollar cap would be typed in without a figure the lawyer has accepted.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW), in force from 30 July 2026, sections 3B and 12](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)
- [Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 151I](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1987-070) (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.*