---
title: "Mark Queensland heads that section 52 does not allow"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/remove-heads-of-damage-the-statute-does-not-allow/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DM20261023-12-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Mark Queensland heads that section 52 does not allow

> Mark exemplary, punitive and aggravated damages as heads section 52 does not allow, unless the lawyer says one of the two exceptions applies.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/remove-heads-of-damage-the-statute-does-not-allow/queensland  
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 | Mark exemplary, punitive and aggravated damages as heads section 52 does not allow, unless the lawyer says one of the two exceptions applies. Do not decide the exception, and do not use section 52 as the work-injury rule. |
| What the lawyer must review | Section 52 bars exemplary, punitive and aggravated damages The two exceptions are the lawyer's decision A work injury is a section 5 question, not a section 52 question The tool marks the heads and removes nothing the lawyer has kept |
| Written for | Queensland |
| 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 tool marks the three heads section 52 does not allow. The lawyer decides whether an exception applies.

- What the AI does: Mark exemplary, punitive and aggravated damages as heads section 52 does not allow, unless the lawyer says one of the two exceptions applies. Do not decide the exception, and do not use section 52 as the work-injury rule.
- What the lawyer does: The lawyer decides whether an exception applies and which heads remain in the claim.
- 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. Section 52(1): a court cannot award exemplary, punitive or aggravated damages in a claim for personal injury damages.
2. Section 52(2): subsection (1) does not apply if the act that caused the injury was an unlawful intentional act done with intent to cause personal injury, or an unlawful sexual assault or other unlawful sexual misconduct. The tool does not decide that either exception applies.
3. Section 52 bars exemplary, punitive or aggravated damages. It is not the work-injury rule. Section 5(1)(b) can take the Act out of deciding liability or awards for an injury for which compensation is payable under the Workers' Compensation and Rehabilitation Act 2003, other than an injury to which section 34(1)(c) or section 35 of that Act applies. Those two sections were not opened. Do not describe section 52 as the reason.
4. Mark the heads. Do not delete a head the lawyer has said remains, and do not add a head the lawyer has not claimed.

## Notes

- Section 5(1) says this Act does not apply in deciding liability or awards of damages for personal injury if the harm is or includes an injury for which compensation is payable under the WorkCover Queensland Act 1996, other than an injury to which section 36(1)(c) or 37 of that Act applies, or under the Workers' Compensation and Rehabilitation Act 2003, other than an injury to which section 34(1)(c) or 35 of that Act applies, or a dust-related condition, or an injury from smoking or other use of tobacco products or exposure to tobacco smoke. Section 5(2) says it is immaterial whether compensation is claimed or whether the entitlement to seek damages is regulated under the relevant Act. Section 5(3) keeps this Act for deciding awards of section 59A damages for a dust-related condition or a tobacco injury. It does not keep the rest of the Act for a work injury. Sections 34 and 35 of the 2003 Act and sections 36 and 37 of the 1996 Act were not opened, so the content of those carve-outs is not described. The official reprint is current from 1 July 2024. Section text was read on AustLII.
- The tool does not write a schedule that will be filed or served.

## Practical guide

Jurisdiction: Queensland personal injury damages claim, heads section 52 does not allow

**Deliverable**: A marked list of exemplary, punitive and aggravated damages, with any exception left to the lawyer.

**Inputs**

- The heads the lawyer has claimed
- Whether the lawyer says an exception, or section 5, applies

**Example**: Illustrative example: The list marks aggravated damages as a section 52 head. The lawyer has not said either exception applies, so the mark stays and the tool does not delete anything else.

**Stop and escalate when**

- The draft decides that an exception applies.
- The draft treats section 52 as the reason a work injury is outside the Act.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2003 (Qld) section 52](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s52.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) section 5](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/cla2003161/s5.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.*