---
title: "Check whether a New South Wales compensation law bars the safety-defect claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-compensation-law-bars-the-safety-defect-claim/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PR20261023-8-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 whether a New South Wales compensation law bars the safety-defect claim

> List any workers' compensation amount already paid, and any scheme named on the file that could pay. Do not decide that Part 3-5 is unavailable. The New South Wales workers' compensation Acts were not opened.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-compensation-law-bars-the-safety-defect-claim/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 | List any workers' compensation amount already paid, and any scheme named on the file that could pay. Do not decide that Part 3-5 is unavailable. The New South Wales workers' compensation Acts were not opened. |
| What the lawyer must review | Decide whether s 146 applies, including an amount that could be recovered. Identify the New South Wales workers' compensation statute yourself. It was not opened. Do not treat a motor-accident scheme as workers' compensation unless you decide it is one. Keep s 50C as a different question from s 146. |
| Written for | New South Wales |
| Applies to | [Check whether compensation law bars the safety-defect claim](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-compensation-law-bars-the-safety-defect-claim.md) |

## Checking plan

**Verify against sources**

Section 146 is Commonwealth. The New South Wales difference is which workers' compensation law could pay. Those Acts were not opened.

- What the AI does: List any workers' compensation amount already paid, and any scheme named on the file that could pay. Do not decide that Part 3-5 is unavailable. The New South Wales workers' compensation Acts were not opened.
- What the lawyer does: The lawyer decides whether s 146 excludes the claim.
- 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. Record amounts paid and amounts that could be recovered.
2. Separate workers' compensation from an international-agreement law.
3. Do not name an unopened section.
4. Do not use s 50C as if it were the s 146 bar.

## Notes

- The New South Wales workers' compensation statutes were not opened.
- Practice Note SC GEN 23 and District Court General Practice Note 2 prohibit generative AI from generating affidavit content, and require leave before it drafts an expert report. Draw the note to the expert.

## Practical guide

Jurisdiction: A safety-defect claim where New South Wales workers' compensation could also pay

**Deliverable**: A note of amounts paid or possibly recoverable, and the lawyer's conclusion on s 146.

**Inputs**

- Payments and scheme names on the file
- The injury facts

**Example**: Illustrative example: The injury has a workers' compensation claim number and no payment yet. The lawyer treats s 146 as covering an amount that could be recovered, and reads the statute separately.

**Stop and escalate when**

- The bar is limited to money in hand.
- An unopened Act section is cited.

Checked 2026-10-23.

## Sources

- [Australian Consumer Law, s 146](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW), s 50C](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50c.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*