---
title: "Check gratuitous attendant care against section 15 of the Civil Liability Act 2002"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-claim-for-gratuitous-attendant-care-against-the-statutory-thresh/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-SB20261022-3-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Check gratuitous attendant care against section 15 of the Civil Liability Act 2002

> From the care schedule the lawyer supplies, list the section 15 conditions and leave the hours, the duration and the value blank.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-claim-for-gratuitous-attendant-care-against-the-statutory-thresh/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 | From the care schedule the lawyer supplies, list the section 15 conditions and leave the hours, the duration and the value blank. Do not apply section 15 to a claim the lawyer has marked as outside the Act, and do not value the care. |
| What the lawyer must review | Confirm section 15 applies. It does not apply to work injury damages or to Motor Accident Injuries Act damages Require need, sole cause, the but-for test, 6 hours a week and 6 consecutive months At 40 hours or more the cap is the average weekly total earnings figure in section 15(4) Below 40 hours the hourly rate is one-fortieth of that amount. Dust diseases use section 15A |
| Written for | New South Wales |
| Applies to | [Check a claim for gratuitous attendant care against the statutory threshold](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-claim-for-gratuitous-attendant-care-against-the-statutory-thresh.md) |

## Checking plan

**Verify against sources**

The schedule is tested against section 15 only where that section applies. The lawyer accepts the hours, the duration and the value.

- What the AI does: From the care schedule the lawyer supplies, list the section 15 conditions and leave the hours, the duration and the value blank. Do not apply section 15 to a claim the lawyer has marked as outside the Act, and do not value the care.
- What the lawyer does: Decide whether section 15 applies, whether each condition is met, and the value of the care.
- 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. Count only services of a domestic nature, nursing, or services that aim to alleviate the consequences of an injury, provided by another person, for which the claimant has not paid and is not liable to pay.
2. Require a reasonable need, a need that arose solely because of the injury, and that the services would not have been provided but for the injury.
3. Apply both conditions in section 15(3): at least 6 hours per week, and at least 6 consecutive months.
4. Do not use section 15 for an award under Part 4 of the Motor Accident Injuries Act 2017, or for work injury damages. The note to section 15 sends dust-disease proceedings to section 15A.

## Notes

- Section 15(3) requires both the hours and the consecutive months. Do not treat one of them as enough.
- Section 15A was not opened. The lawyer applies it in a Dust Diseases Tribunal proceeding.
- 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 to which section 15 of the Civil Liability Act 2002 applies

**Deliverable**: A care table marked against the section 15 conditions, with value left blank.

**Inputs**

- The care schedule and the provider of each service
- Whether the services were paid
- The lawyer's decision on whether section 15 applies

**Example**: Illustrative example: Care was 8 hours a week but only for four months. The table records that section 15(3) is not met, because the months are not six consecutive months. It does not calculate a dollar figure.

**Stop and escalate when**

- The claim is a motor accident damages claim or a work injury damages claim.
- The hours or the period cannot be tied to the schedule.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW), in force from 30 July 2026, sections 3B and 15](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2002-022) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW), Part 4, read with Civil Liability Act section 3B(1)(e1)](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 |
| --- | --- | --- | --- |
| [Schedule of damages for a personal injury claim](https://ailawframework.com/precedents/personal-injury-and-compensation/schedule-of-damages.md) | Court document | Yellow | Heads of damage for a plaintiff claim, with the Victorian, Queensland and New South Wales limits, in a form that can be adapted to a Queensland statement of loss and damage. |
| [Care schedule: gratuitous and paid care](https://ailawframework.com/precedents/personal-injury-and-compensation/care-schedule.md) | Court document | Yellow | A schedule of care given because of an injury, with the hours, duration and rate tests in Victoria, Queensland and New South Wales, and a separate section for loss of capacity to care for dependants. |
| [Letter of instruction to an occupational therapist on care](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-occupational-therapist-on-care.md) | Letter | Yellow | Letter asking an occupational therapist to record care hours, duration, paid and gratuitous help, aids and equipment, without applying a damages threshold or valuing the claim. |

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.*