---
title: "Review a New South Wales work capacity decision against the capacity evidence"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/review-a-work-capacity-decision-against-the-capacity-evidence/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WR20261022-4-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Review a New South Wales work capacity decision against the capacity evidence

> Set the insurer's work capacity decision beside the capacity evidence the lawyer selects, and list which section 43 topic each line concerns. Do not decide capacity, and do not write the dispute application.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/review-a-work-capacity-decision-against-the-capacity-evidence/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 | Set the insurer's work capacity decision beside the capacity evidence the lawyer selects, and list which section 43 topic each line concerns. Do not decide capacity, and do not write the dispute application. |
| What the lawyer must review | Confirm the decision is one of the kinds in section 43, and not liability, a medical dispute or PIAWE A dispute only about work capacity is an Application for Expedited Assessment A mixed dispute is an Application to Resolve a Dispute. Check the indexed medical-expenses figure The lawyer writes any application. Do not write a person's evidence |
| Written for | New South Wales |
| Applies to | [Review a work capacity decision against the capacity evidence](https://ailawframework.com/practice/personal-injury-and-compensation/review-a-work-capacity-decision-against-the-capacity-evidence.md) |

## Checking plan

**Verify against sources**

The comparison identifies which section 43 topic is in issue. The lawyer chooses the form and writes any application.

- What the AI does: Set the insurer's work capacity decision beside the capacity evidence the lawyer selects, and list which section 43 topic each line concerns. Do not decide capacity, and do not write the dispute application.
- What the lawyer does: Decide whether the decision is a work capacity decision, choose the form, and write any application.
- 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 43(1) covers current work capacity, suitable employment, the amount able to be earned in it, current weekly earnings, whether certain employment cannot be undertaken without substantial risk of further injury, and any other decision affecting weekly payments on the basis of those matters, including a decision to suspend, discontinue or reduce payments.
2. Section 43(2): a dispute of liability for weekly payments, a decision that can be a medical dispute under Chapter 7 Part 7 of the 1998 Act, and a decision about PIAWE are not work capacity decisions.
3. SIRA's weekly payments page says work capacity assessments are not conducted for paid first responders, including police, paramedics and firefighters, who are exempt from some amendments in 2012, 2015 and 2025. The lawyer decides whether that exemption applies.
4. Procedural Direction WC5: work capacity only, or work capacity plus past medical expenses up to $9,669.20 as indexed, uses an Application for Expedited Assessment, served unsealed the same day. Any other entitlement uses an Application to Resolve a Dispute, served sealed within 7 days. Check the indexed figure on the day of lodgment.

## Notes

- A decision made on or after 1 January 2019 is in the Commission's exclusive jurisdiction. A decision already reviewed under the repealed Subdivision 3A cannot be referred. If the dispute is referred before the expiry period in section 80 of the 1998 Act, the decision is stayed. The length of that period was not opened.
- Where PIAWE or current weekly earnings are in issue, WC5 requires a wages schedule and refers to Procedural Direction PIC5. The lawyer prepares it.
- PIC13 paragraph 12 prohibits generating the content of a person's evidence. 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: Personal Injury Commission of New South Wales, Workers Compensation Division, or the insurer's decision before a dispute is lodged

**Deliverable**: A comparison of the decision and the capacity evidence, with the correct form left to the lawyer.

**Inputs**

- The insurer's decision
- The certificates and wage records the lawyer has selected
- Whether any other entitlement is also in dispute

**Example**: Illustrative example: The letter reduces weekly payments for suitable employment and also disputes that the injury is work-related. The table keeps those as two decisions. The lawyer chooses the form, because the liability dispute is not a work capacity decision.

**Stop and escalate when**

- The document is not a work capacity decision.
- The output is being written into an application or into a person's evidence.

Checked 2026-10-23.

## Sources

- [Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 43](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1987-070) (checked 2026-10-23)
- [Personal Injury Commission: Procedural Direction WC5, work capacity disputes, amended 25 November 2024](https://www.pi.nsw.gov.au/resources/procedural-directions/procedural-direction-no-wc5-work-capacity-disputes) (checked 2026-10-23)
- [SIRA: Weekly payments in the NSW workers compensation scheme](https://www.sira.nsw.gov.au/workers-compensation/what-you-can-claim/weekly-payments) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Certificate of capacity / certificate of fitness (SIRA)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-sira-certificate-of-capacity.md) | Form | Yellow | Link to SIRA's certificate of capacity and certificate of fitness for workers compensation and CTP, including the doctor's certificate and the person's employment declaration. |
| [Request for a review of a New South Wales motor accident or workers compensation decision](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-insurer-review-request.md) | Letter | Yellow | A New South Wales letter asking a motor accident insurer for an internal review, or a workers compensation insurer for a review under section 287A. The motor accident part may be sent as a letter. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*