---
title: "Separate Queensland scheme-funded treatment and care from damages still claimed"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/separate-scheme-funded-treatment-and-care-from-damages-still-claimed/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MV20261023-12-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Separate Queensland scheme-funded treatment and care from damages still claimed

> Split the invoices the lawyer marks into treatment and care that section 42(3) says the compulsory insurer need not pay, and loss still sought as damages. Do not value either column and do not decide scheme eligibility.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/separate-scheme-funded-treatment-and-care-from-damages-still-claimed/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 | Split the invoices the lawyer marks into treatment and care that section 42(3) says the compulsory insurer need not pay, and loss still sought as damages. Do not value either column and do not decide scheme eligibility. |
| What the lawyer must review | You decide which loss remains in the damages claim. Do not move a treatment invoice into damages while the person is a scheme participant. This split is not a decision that the person is eligible for the scheme. Use a firm-controlled tool. Check ASCR r 9, APP 11 and any notifiable breach. |
| Written for | Queensland |
| Applies to | [Separate scheme-funded treatment and care from damages still claimed](https://ailawframework.com/practice/personal-injury-and-compensation/separate-scheme-funded-treatment-and-care-from-damages-still-claimed.md) |

## Checking plan

**Verify against sources**

The lawyer separates scheme treatment and care from damages. The tool does not value either column.

- What the AI does: Split the invoices the lawyer marks into treatment and care that section 42(3) says the compulsory insurer need not pay, and loss still sought as damages. Do not value either column and do not decide scheme eligibility.
- 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. Put treatment, care and support needs during participation in the scheme column.
2. Leave income loss in the damages column.
3. Do not decide eligibility.

## 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 42 applies only 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 if, when the needs arise, the claimant is a scheme participant for a serious personal injury from that accident, or if the needs arise after a payment under section 44(3)(a) of the National Injury Act. The text of that National Injury Act provision was not opened. Section 42(4) applies subsection (3) whether or not the injury is a serious personal injury, whether or not the needs are an approved service, whether or not the agency must pay, and whether or not the care is provided without charge.
- The NIISQ page says NIISQ funds necessary and reasonable treatment, care and support for the accident while the person is a participant. Income loss is not in section 42(3). This split is not an eligibility decision.

## Practical guide

Jurisdiction: Queensland compulsory third party and the injury insurance scheme

**Deliverable**: Two columns, unvalued: scheme treatment and care, and damages still claimed.

**Inputs**

- The invoices the lawyer marks
- Whether the person is a scheme participant
- The heads still claimed as damages

**Example**: Illustrative example: An attendant-care invoice falls in a month of scheme participation, and a wage loss is also claimed. The care invoice goes in the scheme column. The wage loss stays in damages. No dollar value is entered.

**Stop and escalate when**

- Participation dates are unknown.
- The task is to decide eligibility or to calculate damages.

Checked 2026-10-23.

## Sources

- [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)
- [NIISQ: NIISQ and the NDIS](https://niis.qld.gov.au/about-niisq/niisq-vs-ndis/) (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.*