Request Queensland rehabilitation funding before liability is admitted
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Draft a short request that lists the treatment the lawyer has marked, the provider, the cost if a quote is on the file, and the date it is needed. Do not argue liability and do not say the funding is approved.
- What the lawyer must review
- You settle the request and decide which treatment to ask for.
- Do not promise the client that funding will be paid.
- If the person is a scheme participant, limit the request to a period they are not a participant.
- Use a firm-controlled tool. Check ASCR r 9, APP 11 and any notifiable breach.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Rehabilitation funding on a Queensland motor-accident claim
Produce. A short funding request for the lawyer to settle. It does not say funding is approved.
Have ready. The treatment the lawyer has marked; Any quote; Whether the person is a scheme participant.
Example of the limit. Illustrative example: The lawyer marks six physiotherapy sessions quoted at a stated price. The draft asks the insurer to fund those sessions and says nothing about fault. It does not tell the client the sessions will be paid.
Stop and hand it back when
- No treatment has been marked.
- The person is a scheme participant and the period of participation is not known.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Draft a short request that lists the treatment the lawyer has marked, the provider, the cost if a quote is on the file, and the date it is needed. Do not argue liability and do not say the funding is approved. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- List only treatment the lawyer has marked.
- Say the request is without an admission of liability.
- Do not include treatment, care and support needs for a period of scheme participation.
Sources
- Motor Accident Insurance Act 1994 (Qld) s 39 · 2026-10-23
- Motor Accident Insurance Act 1994 (Qld) s 42 · 2026-10-23
- Motor Accident Insurance Commission: resolving claims disagreements · 2026-10-23
Health, wage and scheme records stay in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a disclosure is notifiable under the Privacy Act 1988 (Cth).
Section 39(1) requires the insurer, within 14 days, to say whether it is prepared, without admitting liability, to meet the reasonable and appropriate cost of rehabilitation. If the person is already a scheme participant, the statement is about rehabilitation for any period they are not a participant.
Section 42 applies once liability is admitted, and then to private hospital, medical and pharmaceutical expenses, or a proportionate part if contributory negligence is asserted. Section 42(3) says the insurer need not pay treatment, care and support needs while the person is a scheme participant, or after a payment under section 44(3)(a) of the National Injury Act. The Commission's disagreements page says it cannot decide a rehabilitation-funding dispute. The choices it states are the insurer's internal review, voluntary mediation with the cost shared equally, or a court application.