--- title: "Test gratuitous attendant care against Wrongs Act section 28IA" url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-claim-for-gratuitous-attendant-care-against-the-statutory-thresh/victoria" type: "task_jurisdiction_version" site: "AI Law Framework" id: "A21-SB20261022-3-VIC" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "yellow" lawyer_review: "required" jurisdictions: ["VIC"] last_reviewed: "2026-10-25" --- # Test gratuitous attendant care against Wrongs Act section 28IA > 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. Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-claim-for-gratuitous-attendant-care-against-the-statutory-thresh/victoria 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, 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. | | Written for | Victoria | | 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 whether section 28IA is met and what the care is worth. - What the AI does: 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 does: Decide need, cause, hours and value, and write any schedule that will be 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. Count only gratuitous attendant care. Section 28IA does not value paid care. 2. 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. 3. 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. 4. 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. ## Notes - 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). ## Practical guide Jurisdiction: Wrongs Act 1958 (Vic), Part VB gratuitous attendant care **Deliverable**: A comparison of the care schedule with section 28IA, with hours, duration and value left for the lawyer. **Inputs** - Care schedule supplied by the lawyer - Whether Part VB applies to the award - Whether the services are paid or gratuitous **Example**: 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 escalate when** - The claim is excluded by section 28C. - The table states a value or says that damages are payable. Checked 2026-10-23. ## Sources - [Wrongs Act 1958 (Vic), section 28IA](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28ia.html) (checked 2026-10-23) - [Wrongs Act 1958 (Vic), section 28IB](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28ib.html) (checked 2026-10-23) - [Wrongs Act 1958 (Vic), section 28C](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28c.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.*