Record the Victorian non-economic loss maximum without using a printed figure
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, record that section 28H varies the maximum and leave the dollar blank until the lawyer accepts a varied amount and its source. The tool does not pick an injury scale value, and it does not write a schedule that will be filed or served.
- What the lawyer must review
- Accept the varied amount and its source, or leave the dollar blank.
- Do not treat the amount printed in section 28G as the current maximum.
- Keep the significant-injury question separate from the maximum.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: non-economic loss maximum, with the dollar left blank
Produce. A source note that the maximum is the varied section 28G amount, with the dollar left blank.
Have ready. The injury date; Any varied amount the lawyer has accepted, with its source.
Example of the limit. Illustrative example: No varied amount has been accepted. The note says section 28H varies the maximum and leaves the dollar blank. It does not use the printed section 28G figure.
Stop and hand it back when
- The tool would print the figure in section 28G as today's maximum.
- The tool would assign an injury-scale value.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, record that section 28H varies the maximum and leave the dollar blank until the lawyer accepts a varied amount and its source. The tool does not pick an injury scale value, and it does not write a schedule that will be filed or served. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 28H varies the section 28G amount. Do not multiply a consumer price index pair that was not opened for this Act.
- The opened table has no injury-scale heading. Do not pick a scale value.
- A workplace damages award is outside Part VB under section 28C(2)(c). Do not use the Part VB maximum for it.
- Do not decide on this task whether the injury is a significant injury.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Queensland injury scale value worksheet | Other | AI use Yellow | Worksheet for general damages under Civil Liability Act 2003 (Qld) sections 61 and 62. |
| New South Wales section 16 non-economic loss worksheet | Other | AI use Yellow | Worksheet for non-economic loss under Civil Liability Act 2002 (NSW) section 16, using the percentage table and the rounding rule in the section. |
| Victoria Wrongs Act caps worksheet | Other | AI use Yellow | Worksheet for the Wrongs Act 1958 (Vic) limits that were opened: the earnings cap, the indexed non-economic loss maximum, the discount rate, and the gratuitous care limits. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Wrongs Act 1958 (Vic) section 28H · 2026-10-23
- Wrongs Act 1958 (Vic) section 28C · 2026-10-23
- Wrongs Act 1958 (Vic) table of provisions · 2026-10-23
Section 28H varies the amount in section 28G for the financial year beginning 1 July 2016 and later years. Do not treat the amount printed in section 28G as the current maximum. No varied amount for the current year was opened. A, B and C are defined in the section. The formula image did not come through as numbers, so the tool does not multiply. Do not use a consumer price index pair that was not opened. The table of provisions lists section 28HA as 'Tariffs for damages for non-economic loss'. That section's text was not opened. The heading is not an injury scale. There is no injury-scale heading in the table that was opened.
The significant-injury gateway is separate from the maximum. This task does not decide it. Wrongs Act 1958 section 28C(2) leaves Part VB out of an award where the fault is an intentional act done with intent to cause death or injury, or sexual assault or other sexual misconduct; an award to which Transport Accident Act 1986 Part 3, 6 or 10 applies; an award to which Accident Compensation Act 1985 Part IV or Workplace Injury Rehabilitation and Compensation Act 2013 Part 7 applies; and an award to which the Workers Compensation Act 1958 applies. Other exclusions are on the section, including victims of crime assistance and a sum payable under a superannuation scheme or a life or other insurance policy. Section 28C(2A) leaves the Part out of assistance under the Victims of Crime (Financial Assistance Scheme) Act 2022. The lawyer decides whether Part VB applies. The tool does not.
Keep health, wage and scheme records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).