---
title: "Check loss of care in a New South Wales relatives action without an hours test"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-loss-of-the-deceased-s-gratuitous-care-meets-the-statutory/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-FM20261023-6-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 loss of care in a New South Wales relatives action without an hours test

> In a firm-controlled tool, row the care the deceased gave and the document for each row. Do not apply a six-hour or six-month threshold, because the opened Act states none.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-loss-of-the-deceased-s-gratuitous-care-meets-the-statutory/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 | In a firm-controlled tool, row the care the deceased gave and the document for each row. Do not apply a six-hour or six-month threshold, because the opened Act states none. |
| What the lawyer must review | Decide whether the care is part of the injury resulting from the death. Do not add an hours threshold. The opened sections state none. Do not value the care in this table. |
| Written for | New South Wales |
| Applies to | [Check whether loss of the deceased's gratuitous care meets the statutory threshold](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-loss-of-the-deceased-s-gratuitous-care-meets-the-statutory.md) |

## Checking plan

**New South Wales care, no hours test**

The tool rows the care. The opened Compensation to Relatives Act states no six-hour or six-month threshold.

- What the AI does: In a firm-controlled tool, row the care the deceased gave and the document for each row. Do not apply a six-hour or six-month threshold, because the opened Act states none.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- 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. Row hours only as facts.
2. Write that the opened sections state no hours threshold.
3. Leave the legal character of the services for decision under the section that was opened.
4. Do not import an hours threshold from another statute.

## Notes

- The opened sections of the Compensation to Relatives Act 1897 do not state a six-hour or six-month threshold for loss of the deceased's gratuitous care. The Victorian threshold is not applied. Whether domestic services are part of the injury resulting from the death under section 4 is for the lawyer on the section that was opened.
- 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).

## Practical guide

Jurisdiction: New South Wales: loss of care in a Compensation to Relatives Act 1897 action

**Deliverable**: A care table with no statutory hours finding, because the opened Act states none.

**Inputs**

- Care records selected by the lawyer
- The beneficiary's relationship
- The opened Act

**Example**: Illustrative example: A draft applies a six-hour test to a parent's care. The tool strikes that test out and rows the hours as facts. The lawyer decides whether the care is recoverable under the Act that was opened.

**Stop and escalate when**

- An hours threshold is applied.
- The care is given a value in this table.

Checked 2026-10-23.

## Sources

- [Compensation to Relatives Act 1897 (NSW), current version](https://legislation.nsw.gov.au/view/html/inforce/current/act-1897-031) (checked 2026-10-23)
- [Compensation to Relatives Act 1897 (NSW), whole Act](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1897-031) (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.*