---
title: "Mark heads of damage a New South Wales statute does not allow"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/remove-heads-of-damage-the-statute-does-not-allow/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DM20261023-12-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Mark heads of damage a New South Wales statute does not allow

> From the heads the lawyer lists, mark a head the named section does not allow and leave the others unmarked. Do not write a pleading or a schedule that will be filed or served.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/remove-heads-of-damage-the-statute-does-not-allow/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 | From the heads the lawyer lists, mark a head the named section does not allow and leave the others unmarked. Do not write a pleading or a schedule that will be filed or served. |
| What the lawyer must review | Section 151G allows only past and future loss of earnings, with a Compensation to Relatives exception Section 4.5 limits economic loss and does not abolish non-economic loss Non-economic loss on a motor accident award still faces section 4.11 Do not use a Civil Liability Act exclusion for a claim outside that Act |
| Written for | New South Wales |
| Applies to | [Remove heads of damage the statute does not allow](https://ailawframework.com/practice/personal-injury-and-compensation/remove-heads-of-damage-the-statute-does-not-allow.md) |

## Checking plan

**Verify against sources**

The list marks a head only where the opened section excludes it. Everything else stays with the lawyer.

- What the AI does: From the heads the lawyer lists, mark a head the named section does not allow and leave the others unmarked. Do not write a pleading or a schedule that will be filed or served.
- What the lawyer does: Name the statute and decide which heads are claimed.
- 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. Workers Compensation Act section 151G: the only damages are past economic loss due to loss of earnings and future economic loss due to deprivation or impairment of earning capacity. Section 151G(2) does not apply that limit to a Compensation to Relatives Act 1897 action.
2. Motor Accident Injuries Act section 4.5 limits damages for economic loss to the four kinds in subsection (1). It does not apply to a Compensation to Relatives Act 1897 action. It does not, by itself, remove non-economic loss.
3. Section 4.11 still bars non-economic loss unless the degree of permanent impairment caused by the motor accident is greater than 10 per cent. That gateway is not calculated in this list.
4. Do not mark a head as excluded by a Part 2 provision that does not apply to the award. Section 3B(2) keeps some provisions for a motor accident, including Division 7 of Part 2 and section 17A. It does not keep sections 12, 13, 14 or 16 for a Part 4 award. Section 3B(1)(f) takes work injury damages outside the Act other than Part 1B.

## Notes

- Section 151H and section 16 are separate gateways. This list does not apply their percentages.
- 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 damages claim after the lawyer has named the Act

**Deliverable**: A marked list of heads. Not a pleading.

**Inputs**

- The heads the lawyer has listed
- The Act
- Whether the action is under the Compensation to Relatives Act 1897

**Example**: Illustrative example: Care and future treatment are listed on a work injury damages claim. Both are marked as outside section 151G. Loss of earnings is left unmarked.

**Stop and escalate when**

- The Act has not been named.
- The list would be filed as the pleading.

Checked 2026-10-23.

## Sources

- [Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 151G](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1987-070) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW), in force from 10 July 2026, sections 4.5 and 4.11](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2017-010) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW), in force from 30 July 2026, section 3B](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2002-022) (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.*