---
title: "Check gratuitous services against the Queensland six-hour threshold"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-claim-for-gratuitous-attendant-care-against-the-statutory-thresh/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-SB20261022-3-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Check gratuitous services against the Queensland six-hour threshold

> From the care schedule the lawyer supplies, test services provided to the injured person against section 59 and leave the hours and the duration blank for the lawyer. Do not value the care.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-claim-for-gratuitous-attendant-care-against-the-statutory-thresh/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 | From the care schedule the lawyer supplies, test services provided to the injured person against section 59 and leave the hours and the duration blank for the lawyer. Do not value the care. Section 59A is a different claim. |
| What the lawyer must review | Decide whether the services are necessary and arise solely from the injury Apply the 6 hours a week and 6 months tests, and section 59(2) if the same services were provided before the breach Check section 5 and section 52B before including this head The lawyer values the care and writes any schedule that will be served |
| Written for | Queensland |
| 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 lawyer decides need, cause, hours, duration and value. The tool only lines the schedule up against section 59.

- What the AI does: From the care schedule the lawyer supplies, test services provided to the injured person against section 59 and leave the hours and the duration blank for the lawyer. Do not value the care. Section 59A is a different claim.
- What the lawyer does: The lawyer decides need, cause, the hour and month tests, and the value, and writes any schedule that is served.
- 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 59(1) bars damages for gratuitous services provided to an injured person unless the services are necessary, the need arises solely out of the injury, and the services are or will be provided for at least 6 hours per week and for at least 6 months.
2. Section 59(2) bars damages if gratuitous services of the same kind were being provided before the breach. Section 59(3) requires the court to take account of any offsetting benefit and of time in hospital or another institution.
3. Section 59A is loss of the injured person's capacity to provide gratuitous domestic services to someone else. Do not run that claim through the section 59 table.
4. Section 5 can take a work injury or a dust-related condition outside the Act. Section 52B can bar treatment, care and support damages for a NIISQ participant after a motor accident. The lawyer checks both.

## Notes

- Section 5(3) says the Act still applies to section 59A damages for a dust-related condition or a smoking injury. It does not say that about section 59.
- Section 57 uses a prescribed discount rate for a lump sum for future gratuitous services. The lawyer confirms the rate. See the future-loss version.
- 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 claim for damages for gratuitous services to which section 59 applies

**Deliverable**: A comparison of the lawyer's care schedule with the section 59 conditions, without a value.

**Inputs**

- The care schedule the lawyer supplies, with hours and period
- Whether the same kind of services were provided before the breach
- Whether section 5 or section 52B may apply

**Example**: Illustrative example: The schedule shows 4 hours a week for a year. The draft marks the hour test as not met and leaves the value blank. The lawyer decides whether other weeks change that result.

**Stop and escalate when**

- The hours or the period are not in the schedule.
- The claim may be section 59A, a work injury, or a NIISQ participant's treatment, care and support.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2003 (Qld) section 59](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s59.html) (checked 2026-10-23)
- [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 52B](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/cla2003161/s52b.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 |
| --- | --- | --- | --- |
| [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.*