---
title: "Request Queensland rehabilitation funding before liability is admitted"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/request-funding-of-treatment-and-rehabilitation-before-liability-is-admi/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MV20261023-5-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Request Queensland rehabilitation funding before liability is admitted

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/request-funding-of-treatment-and-rehabilitation-before-liability-is-admi/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 | 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. |
| Written for | Queensland |
| Applies to | [Request funding of treatment and rehabilitation before liability is admitted](https://ailawframework.com/practice/personal-injury-and-compensation/request-funding-of-treatment-and-rehabilitation-before-liability-is-admi.md) |

## Checking plan

**Verify against sources**

The lawyer asks for rehabilitation funding without an admission of liability. The tool drafts only the marked items.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- 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. List only treatment the lawyer has marked.
2. Say the request is without an admission of liability.
3. Do not include treatment, care and support needs for a period of scheme participation.

## Notes

- 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.

## Practical guide

Jurisdiction: Rehabilitation funding on a Queensland motor-accident claim

**Deliverable**: A short funding request for the lawyer to settle. It does not say funding is approved.

**Inputs**

- The treatment the lawyer has marked
- Any quote
- Whether the person is a scheme participant

**Example**: 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 escalate when**

- No treatment has been marked.
- The person is a scheme participant and the period of participation is not known.

Checked 2026-10-23.

## Sources

- [Motor Accident Insurance Act 1994 (Qld) s 39](https://classic.austlii.edu.au/au/legis/qld/consol_act/maia1994243/s39.html) (checked 2026-10-23)
- [Motor Accident Insurance Act 1994 (Qld) s 42](https://classic.austlii.edu.au/au/legis/qld/consol_act/maia1994243/s42.html) (checked 2026-10-23)
- [Motor Accident Insurance Commission: resolving claims disagreements](https://maic.qld.gov.au/after-an-accident/resolving-claims-disagreements/) (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.*