---
title: "Check the six-hour care threshold in a Victorian dependency claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-loss-of-the-deceased-s-gratuitous-care-meets-the-statutory/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-FM20261023-6-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Check the six-hour care threshold in a Victorian dependency claim

> In a firm-controlled tool, row the hours a week and the consecutive months of care the deceased gave each dependant. Leave the section 19A finding blank.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-loss-of-the-deceased-s-gratuitous-care-meets-the-statutory/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 | In a firm-controlled tool, row the hours a week and the consecutive months of care the deceased gave each dependant. Leave the section 19A finding blank. |
| What the lawyer must review | Decide whether the six-hour and six-month threshold is met. Keep care already given separate from a reasonable expectation of future care. Do not value the care in this table. |
| Written for | Victoria |
| 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

**Victorian care threshold**

The tool rows hours and months. The lawyer decides whether section 19A is met, including any reasonable expectation of future care.

- What the AI does: In a firm-controlled tool, row the hours a week and the consecutive months of care the deceased gave each dependant. Leave the section 19A finding blank.
- 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. Count hours from the records, and show the weeks relied on.
2. The threshold is six hours a week and six consecutive months, before the death or the injury, or a reasonable expectation of that care.
3. Either limb can satisfy section 19A. Record which limb is relied on.
4. Leave the finding blank.

## Notes

- Section 19A of the Wrongs Act 1958 says that in a Part III action no damages may be awarded for loss of gratuitous care the deceased provided or was to provide to dependants unless the court is satisfied that the care was provided for at least six hours a week and for at least six consecutive months before the death or the injury that caused it, or that there is a reasonable expectation that, but for the death or that injury, the care would have been provided for at least six hours a week for at least six consecutive months.
- 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: Victoria: loss of gratuitous care in a Part III Wrongs Act 1958 action

**Deliverable**: A care table of hours and consecutive months, with the threshold finding left blank.

**Inputs**

- Care records selected by the lawyer
- The dependants
- Section 19A

**Example**: Illustrative example: The records show five hours a week for a year, and a statement that care would have increased. The tool rows both. The lawyer decides whether either limb of section 19A is met.

**Stop and escalate when**

- Hours are taken from a single unsupported estimate.
- A dollar value is inserted before the threshold is accepted.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic) s 19A](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s19a.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 17](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s17.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.*