---
title: "Check whether loss of the deceased's gratuitous care meets the statutory threshold"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-loss-of-the-deceased-s-gratuitous-care-meets-the-statutory"
type: "task"
site: "AI Law Framework"
id: "A21-FM20261023-6"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Check whether loss of the deceased's gratuitous care meets the statutory threshold

> From the care records the lawyer selects, row the hours a week and the months of care the deceased gave each dependant, with the document for each row. Leave the threshold finding blank.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-loss-of-the-deceased-s-gratuitous-care-meets-the-statutory  
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 records the lawyer selects, row the hours a week and the months of care the deceased gave each dependant, with the document for each row. Leave the threshold finding blank. |
| What the lawyer must review | You decide whether the threshold is met. The tool only rows hours, months and the document. Use the threshold in the dependency statute. Do not copy another state's hours into a state that does not state them. Family, wage and medical records stay in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth). |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Hours and months of care**

The tool rows the care. The lawyer decides whether the opened threshold is met, and does not invent a threshold.

- What the AI does: From the care records the lawyer selects, row the hours a week and the months of care the deceased gave each dependant, with the document for each row. Leave the threshold finding blank.
- What the lawyer does: You decide whether the threshold is met. The tool only rows hours, months and the document. Use the threshold in the dependency statute. Do not copy another state's hours into a state that does not state them. Family, wage and medical records stay in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Count hours from the records, not from a single estimate, and show the weeks relied on.
2. Apply a six-hour and six-month threshold only where the opened section states it.
3. If the section allows a reasonable expectation of future care, keep that row separate from care already given.
4. Do not value the care. Another schedule does that after you accept the head.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Wrongs Act 1958 (Vic) s 19A](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s19a.html) (checked 2026-10-23)
- [Civil Proceedings Act 2011 (Qld) s 67](https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-045) (checked 2026-10-23)
- [Compensation to Relatives Act 1897 (NSW)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1897-031) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-loss-of-the-deceased-s-gratuitous-care-meets-the-statutory/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-loss-of-the-deceased-s-gratuitous-care-meets-the-statutory/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-loss-of-the-deceased-s-gratuitous-care-meets-the-statutory/queensland.md) | Yellow |

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