Test gratuitous attendant care against Wrongs Act section 28IA
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the care schedule the lawyer supplies, set the services against section 28IA and leave the hours, the duration and the value blank. The tool does not decide that damages may be awarded.
- What the lawyer must review
- Confirm Part VB applies. Section 28C excludes transport-accident Parts 3, 6 and 10, and workplace Part 7.
- Apply section 28IA(1): a reasonable need caused only by the injury, for services not otherwise given.
- Apply the section 28IA(2) bar on damages where the services are for less than 6 hours a week and less than 6 months.
- The lawyer accepts the hours and the value. Section 28IB is the cap. The tool does not apply it.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Wrongs Act 1958 (Vic), Part VB gratuitous attendant care
Produce. A comparison of the care schedule with section 28IA, with hours, duration and value left for the lawyer.
Have ready. Care schedule supplied by the lawyer; Whether Part VB applies to the award; Whether the services are paid or gratuitous.
Example of the limit. Illustrative example: The schedule shows 4 hours a week for 8 months. The table records both figures and leaves section 28IA(2) for the lawyer. The tool does not calculate a dollar amount.
Stop and hand it back when
- The claim is excluded by section 28C.
- The table states a value or says that damages are payable.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the care schedule the lawyer supplies, set the services against section 28IA and leave the hours, the duration and the value blank. The tool does not decide that damages may be awarded. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Count only gratuitous attendant care. Section 28IA does not value paid care.
- Apply section 28IA(1) before section 28IA(2): reasonable need, need solely because of the injury, and services that would not have been provided but for the injury.
- State section 28IA(2) as written. Do not rewrite it as a requirement of at least 6 hours a week and at least 6 months.
- If both the hour and month conditions in section 28IA(2) are not the bar, section 28IB still caps the amount. At 40 hours or more the cap is Victorian average weekly total earnings. Below 40 hours the hourly cap is one-fortieth of that amount.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Schedule of damages for a personal injury claim | Court document | AI use 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 | Court document | AI use 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 | Letter | AI use 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. All precedents.
Sources
- Wrongs Act 1958 (Vic), section 28IA · 2026-10-23
- Wrongs Act 1958 (Vic), section 28IB · 2026-10-23
- Wrongs Act 1958 (Vic), section 28C · 2026-10-23
Part VB does not apply to an award to which Transport Accident Act Parts 3, 6 or 10 apply, or Workplace Injury Rehabilitation and Compensation Act Part 7 applies.
A public page that states the test as at least 6 hours and at least 6 months was not used. The section text was used.
Keep health, wage and scheme records in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether any breach is notifiable under the Privacy Act 1988 (Cth).