---
title: "Remove heads of damage the statute does not allow"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/remove-heads-of-damage-the-statute-does-not-allow"
type: "task"
site: "AI Law Framework"
id: "A21-DM20261023-12"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Remove heads of damage the statute does not allow

> From the heads of damage the lawyer lists, the firm-controlled tool marks each head the named section does not allow and leaves the rest for the lawyer.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/remove-heads-of-damage-the-statute-does-not-allow  
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 heads of damage the lawyer lists, the firm-controlled tool marks each head the named section does not allow and leaves the rest for the lawyer. It does not write a pleading or a schedule that will be filed or served. |
| What the lawyer must review | You name the Act that limits the heads, and you decide which claims it covers. You keep any head the opened section does not remove. Use a firm-controlled tool. Wage, tax and care records are confidential under ASCR r 9 and APP 11. Decide whether a breach would be notifiable under the Privacy Act 1988 (Cth). |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Mark only the heads an opened section removes. Do not invent an exclusion for a state whose statute was not opened.

- What the AI does: From the heads of damage the lawyer lists, the firm-controlled tool marks each head the named section does not allow and leaves the rest for the lawyer. It does not write a pleading or a schedule that will be filed or served.
- What the lawyer does: You name the Act that limits the heads, and you decide which claims it covers. You keep any head the opened section does not remove. Use a firm-controlled tool. Wage, tax and care records are confidential under ASCR r 9 and APP 11. Decide whether a breach would 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.
- Restriction: The lawyer sets the rates, hours, percentages and net weekly loss. The tool shows arithmetic only from figures the lawyer has accepted.

## Checks the lawyer makes

1. On a New South Wales work-injury damages award, leave only the two economic-loss heads in Workers Compensation Act 1987 s 151G.
2. On a New South Wales motor-accident award, limit economic loss to Motor Accident Injuries Act 2017 s 4.5 and test non-economic loss against s 4.11.
3. In Queensland, remove exemplary, punitive and aggravated damages only where s 52 applies, and keep the two exceptions.
4. In Victoria, do not invent a ban on exemplary or aggravated damages. Record the Part VB exclusions in s 28C.

## 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.
- If a figure is copied into a document filed in court, the lawyer checks that court's generative-AI practice note. The opened notes are the New South Wales Supreme Court page for Practice Note SC Gen 23, the Victorian Supreme Court news page for Practice Note SC Gen 25, and the Law Society of NSW court-protocols page. The practice-direction PDFs were not opened.

## Sources

- [Workers Compensation Act 1987 (NSW) s 151G](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s151g.html) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) s 4.5](https://classic.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s4.5.html) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) s 4.11](https://classic.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s4.11.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) s 52](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s52.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) s 5](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s5.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 28C](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28c.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/remove-heads-of-damage-the-statute-does-not-allow/victoria.md) | Yellow |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/remove-heads-of-damage-the-statute-does-not-allow/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/remove-heads-of-damage-the-statute-does-not-allow/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.*