---
title: "Prepare a New South Wales damages or statutory-benefits working schedule"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/prepare-a-damages-or-statutory-entitlements-schedule/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-T1-R3-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Prepare a New South Wales damages or statutory-benefits working schedule

> Build a working schedule with a row for each head the lawyer names, and leave every figure blank until the lawyer supplies it.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/prepare-a-damages-or-statutory-entitlements-schedule/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 | Build a working schedule with a row for each head the lawyer names, and leave every figure blank until the lawyer supplies it. Do not apply Part 2 of the Civil Liability Act 2002 to a claim the lawyer has marked as outside that Part. |
| What the lawyer must review | Choose the governing statute before any figure is used Part 2 does not apply to Motor Accident Injuries Act damages or to work injury damages Where Part 2 applies, sections 12, 13, 14, 15 and 16 govern the heads they cover Do not serve this working schedule as the claim or as a notice under section 6.12 |
| Written for | New South Wales |
| Applies to | [Prepare a damages or statutory-entitlements schedule](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-a-damages-or-statutory-entitlements-schedule.md) |

## Checking plan

**Verify against sources**

The schedule is a working paper. The lawyer chooses the statute and every figure before anything is served.

- What the AI does: Build a working schedule with a row for each head the lawyer names, and leave every figure blank until the lawyer supplies it. Do not apply Part 2 of the Civil Liability Act 2002 to a claim the lawyer has marked as outside that Part.
- What the lawyer does: Choose the governing statute, accept every figure, and decide what, if anything, is 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. Identify the claim before any row is filled: Civil Liability Act Part 2, a Motor Accident Injuries Act Part 4 award, statutory benefits, or work injury damages under Division 3 of Part 5 of the Workers Compensation Act 1987.
2. Where Part 2 applies, section 12 disregards gross weekly earnings above 3 times average weekly total earnings, section 13 requires the assumptions and the percentage, and section 14 uses the prescribed discount rate or 5% only if none is prescribed.
3. Where Part 2 applies, section 15 requires at least 6 hours a week and at least 6 consecutive months, and section 16 requires severity of at least 15% of a most extreme case. Do not state an indexed dollar maximum.
4. A Motor Accident Injuries Act damages claim for non-economic loss uses section 4.11, greater than 10%, with physical and psychological impairment assessed separately under section 1.7. Work injury damages use section 151H. Section 3B takes Part 2 off both.

## Notes

- Statutory benefits are not damages. Section 6.12(4) requires the notices to be given separately. Keep them on a separate schedule.
- The Motor Accident Injuries Act rules for the amount of economic loss were not opened. Leave those figures to the lawyer. Do not insert a 5% discount until the lawyer confirms that no other rate is prescribed.
- Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: A New South Wales plaintiff damages or statutory-benefits file

**Deliverable**: A working schedule with blank figures, not a notice or a claim.

**Inputs**

- The lawyer's identification of the governing statute
- The heads of loss the lawyer has named
- Figures the lawyer has already accepted, each with a source

**Example**: Illustrative example: The file is a motor accident damages claim. The schedule leaves non-economic loss blank until the lawyer has an impairment figure, and it does not apply the section 16 table. Section 4.11 is the gateway.

**Stop and escalate when**

- The governing statute has not been chosen.
- A figure would be calculated rather than taken from a source the lawyer has accepted.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW), in force from 30 July 2026, sections 3B, 12, 13, 14, 15 and 16](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2002-022) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW), in force from 10 July 2026, sections 1.7, 4.11 and 6.12](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2017-010) (checked 2026-10-23)
- [Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 151H](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1987-070) (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. |
| [Economic loss workings: past, future and superannuation](https://ailawframework.com/precedents/personal-injury-and-compensation/economic-loss-workings.md) | Other | Yellow | Workings for loss of earning capacity, the three-times earnings cap, the discount rate, superannuation at the rate for each period, and tax on weekly payments that must be repaid gross. |
| [Medicare compensation recovery checklist before settling a personal injury claim](https://ailawframework.com/precedents/personal-injury-and-compensation/medicare-compensation-recovery-settlement-checklist.md) | Checklist | Yellow | Checklist for Medicare compensation recovery when a personal injury claim settles or goes to judgment: the $5,000 threshold, the notice of past benefits (form MO026), the payer's 28-day notice, and… |
| [Index for a personal-injury demand package](https://ailawframework.com/precedents/personal-injury-and-compensation/us-demand-package-index.md) | Checklist | Yellow | A contents list for a demand a lawyer sends after records are in. Every dollar on it has to come from a document in the package. It is not a statement of the law of damages. |
| [Victorian WorkSafe common law damages: steps on the public page](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-worksafe-common-law-steps.md) | Checklist | Yellow | The steps WorkSafe Victoria publishes for a common law damages application, including the 120-day response and the 21-day and 51-day window after a statutory counter offer.… |
| [TAC impairment application form (Impairment Assessment Protocols 2026): completion guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-tac-impairment-application.md) | Form | Yellow | Guide to the TAC form lawyers use to request an impairment assessment under Part 3 of the Transport Accident Act 1986 and the Impairment Assessment Protocols 2026. |
| [Special damages and out-of-pocket expenses schedule](https://ailawframework.com/precedents/personal-injury-and-compensation/special-damages-schedule.md) | Court document | Yellow | A schedule of treatment, travel and other expenses already incurred, with columns for invoices, Medicare benefits and interest on past amounts. |
| [Dependency calculation after a wrongful death](https://ailawframework.com/precedents/personal-injury-and-compensation/dependency-calculation.md) | Court document | Yellow | A calculation of each dependant's loss of financial support after a wrongful death, with the classes of claimant in Victoria, Queensland and New South Wales, and the funeral head where the statute… |
| [Queensland notice of claim for damages: assembly checklist](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-workcover-notice-of-claim-for-damages.md) | Checklist | Yellow | Checklist for assembling a notice of claim for damages under section 275 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) before a proceeding is started. |
| [TAC common law application form (Common Law Protocol 2026): completion guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-tac-common-law-application.md) | Form | Yellow | Guide to the TAC form used after a proactive or fast track serious injury grant, which must be sent before a common law conference is arranged. |
| [Non-economic loss workings](https://ailawframework.com/precedents/personal-injury-and-compensation/non-economic-loss-workings.md) | Other | Yellow | Workings for pain and suffering and loss of amenities: the Victorian threshold and gazetted cap, the Queensland injury scale for 2026–27, and the New South Wales proportion of a most extreme case. |
| [Motor accidents schedule of earnings (Personal Injury Commission)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-pic-schedule-of-earnings.md) | Form | Yellow | Link to the Motor Accidents Division approved schedule of earnings for a merit review, with the weekly-benefit periods and the earnings columns the form sets out. |
| [WorkSafe worker's claim for impairment benefits: completion guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-worksafe-impairment-benefits.md) | Form | Yellow | Link to the WorkSafe form a worker uses to claim compensation for permanent impairment from a work injury, which the claims manual treats as a non-economic loss claim. |
| [UCPR Form 14: statement of particulars in personal injury proceedings](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-ucpr-14-particulars.md) | Form | Red | Link to UCPR Form 14 version 2, the statement of particulars for personal injury proceedings, covering injuries, expenses, care and economic loss. |
| [UCPR Form 15: statement of particulars, compensation to relatives](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-ucpr-15-compensation-to-relatives.md) | Form | Red | Link to UCPR Form 15 version 2, the statement of particulars for compensation to relatives proceedings, including dependency and the people for whom the claim is brought. |

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.*