---
title: "Test a proposed structured settlement against the statutory definition"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/test-a-proposed-structured-settlement-against-the-statutory-definition"
type: "task"
site: "AI Law Framework"
id: "A21-ST20261023-8"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Test a proposed structured settlement against the statutory definition

> In a firm-controlled tool, test the proposed terms against the opened definition of a structured settlement and record the date under the opened date rule.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-a-proposed-structured-settlement-against-the-statutory-definition  
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 | In a firm-controlled tool, test the proposed terms against the opened definition of a structured settlement and record the date under the opened date rule. The tool does not state exemption or annuity conditions that were not opened. |
| What the lawyer must review | The lawyer decides whether the definition is met and which date applies. The lawyer tests the employer and workers' compensation exclusions before treating the terms as inside the definition. The lawyer leaves any Centrelink preclusion calculation in its own live task. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Test each condition of the opened definition, record the date the date rule selects, and stop before the unopened annuity conditions.

- What the AI does: In a firm-controlled tool, test the proposed terms against the opened definition of a structured settlement and record the date under the opened date rule. The tool does not state exemption or annuity conditions that were not opened.
- What the lawyer does: The lawyer decides whether the definition is met and which date applies. The lawyer tests the employer and workers' compensation exclusions before treating the terms as inside the definition. The lawyer leaves any Centrelink preclusion calculation in its own live task.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Tick each condition in section 54.10(1) or (1A), including the employer and workers' compensation exclusions.
2. Record the date under section 54.5, and say whether it is the agreement date or the order date, and why.
3. Where the claim also seeks a remedy other than personal injury, limit the test to the compensation subsection (3) identifies.
4. State no condition from sections 54-15 to 54-40. Those sections were not opened.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
- Health, wage and capacity records stay in a firm-controlled tool. The lawyer checks confidentiality under the conduct rules that bind the firm, whether the firm is an APP entity, Australian Privacy Principle 11 on security and destruction, and whether a loss would be notifiable under the Privacy Act 1988 (Cth). The serious-harm threshold page was not opened.
- This comparison is not a Centrelink preclusion calculation. That remains the live task.

## Sources

- [Income Tax Assessment Act 1997 (Cth) s 54.10](https://www5.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s54.10.html) (checked 2026-10-23)
- [Income Tax Assessment Act 1997 (Cth) s 54.5](https://www5.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s54.5.html) (checked 2026-10-23)
- [Supreme Court (General Civil Procedure) Rules 2025 r 15.08 (as made)](https://www5.austlii.edu.au/au/legis/vic/num_reg/sccpr2025n85o2025514/s15.08.html) (checked 2026-10-23)
- [Public Trustee Act 1978 (Qld) s 59](https://classic.austlii.edu.au/au/legis/qld/consol_act/pta1978179/s59.html) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 1999 (Qld) r 98](https://www.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s98.html) (checked 2026-10-23)
- [Civil Procedure Act 2005 (NSW) s 76](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s76.html) (checked 2026-10-23)
- [Workers Compensation Act 1987 (NSW) s 151A](https://www.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s151a.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/test-a-proposed-structured-settlement-against-the-statutory-definition/victoria.md) | Yellow |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/test-a-proposed-structured-settlement-against-the-statutory-definition/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/test-a-proposed-structured-settlement-against-the-statutory-definition/queensland.md) | Yellow |

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