Separate NSW Lifetime Care treatment from damages still claimed
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Split the invoices and reports the lawyer marks into treatment and care still claimed as statutory benefits or from Lifetime Care, and loss still sought as damages. Do not value either column, and do not decide eligibility.
- What the lawyer must review
- Decide which loss remains in the damages claim.
- Do not move a treatment invoice into damages where the scheme is still paying it.
- Eligibility for Lifetime Care is a separate decision and is not made here.
- Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. icare Lifetime Care and Support Scheme, and Motor Accident Guidelines clauses 4.7 and 4.87
Produce. Two columns: scheme treatment and care, and loss still sought as damages. No values.
Have ready. Invoices and reports the lawyer marks; Whether the lawyer says the person is a participant; Which items the lawyer says the scheme is still paying.
Example of the limit. Illustrative example: The lawyer marks a care invoice as still with Lifetime Care and a loss-of-earnings figure as damages. The tool puts them in separate columns and does not add them up.
Stop and hand it back when
- The tool is asked to decide eligibility or to value either column.
- The tool is asked to move a scheme-paid invoice into the damages column.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The icare page says Lifetime Care pays treatment, rehabilitation and care for a person severely injured in a motor accident in NSW, whether or not the person was at fault, if the accident and the injury meet the criteria.
- The page states accident dates of on or after 1 October 2006 for a child under 16, and on or after 1 October 2007 for an adult. An accepted person is an interim participant for two years and may then apply to be a lifetime participant. The Lifetime Care and Support Guidelines, which the page says contain the injury criteria, were not opened.
- While the person is a participant, clause 4.7 requires the insurer to notify the Lifetime Care and Support Authority of each liability notice and of a decision to cease or suspend entitlements. Clause 4.87 says a recovery plan is not required during that time.
- The SIRA damages page says past and future medical costs cannot be claimed as damages, and that treatment and care is claimed as statutory benefits. It also says reasonable and necessary treatment and care benefits may continue after a damages settlement. The Act section for that exclusion was not opened. The tool follows that split and does not value either column.
Sources
- icare: Lifetime Care and Support Scheme · 2026-10-23
- SIRA Motor Accident Guidelines Part 4 · 2026-10-23
- SIRA: apply for common law damages · 2026-10-23
The icare page names assessment tools and then sets out injury criteria, including functional scores. It does state pass marks. Do not apply a score from that page as an eligibility decision in this split. Do not treat an interim participant as a lifetime participant unless the lawyer says the later application was accepted. No Act section was opened for the damages exclusion. The split is taken from the SIRA page.