---
title: "Value paid care outside the gratuitous-services provisions"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/value-paid-care-outside-the-gratuitous-services-provisions"
type: "task"
site: "AI Law Framework"
id: "A21-DM20261023-7"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Value paid care outside the gratuitous-services provisions

> From paid-care invoices the lawyer has accepted, the firm-controlled tool totals the amounts and hours and does not apply a gratuitous-care cap or threshold. It does not write a schedule that will be filed or served.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/value-paid-care-outside-the-gratuitous-services-provisions  
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 | From paid-care invoices the lawyer has accepted, the firm-controlled tool totals the amounts and hours and does not apply a gratuitous-care cap or threshold. It does not write a schedule that will be filed or served. |
| What the lawyer must review | You accept each paid invoice and decide whether the statute allows the head. You keep the gratuitous-care threshold for the separate task that already covers it. Use a firm-controlled tool. Wage, tax and care records are confidential under ASCR r 9 and APP 11. Decide whether a breach would be notifiable under the Privacy Act 1988 (Cth). |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Total accepted paid-care invoices. Do not run them through the gratuitous-care threshold or the hourly cap.

- What the AI does: From paid-care invoices the lawyer has accepted, the firm-controlled tool totals the amounts and hours and does not apply a gratuitous-care cap or threshold. It does not write a schedule that will be filed or served.
- What the lawyer does: You accept each paid invoice and decide whether the statute allows the head. You keep the gratuitous-care threshold for the separate task that already covers it. Use a firm-controlled tool. Wage, tax and care records are confidential under ASCR r 9 and APP 11. Decide whether a breach would be notifiable under the Privacy Act 1988 (Cth).
- 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.
- Restriction: The lawyer sets the rates, hours, percentages and net weekly loss. The tool shows arithmetic only from figures the lawyer has accepted.

## Checks the lawyer makes

1. Confirm the claimant has paid or is liable to pay. If not, this task does not apply.
2. Do not apply the six-hour or six-month gratuitous-care test, or an average-weekly-earnings hourly cap, to a paid invoice.
3. On a New South Wales motor-accident or work-injury damages award, do not add a paid-care head the damages section does not list.
4. Do not fold continuing transport-accident medical and like expenses into the common-law total.

## 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.
- If a figure is copied into a document filed in court, the lawyer checks that court's generative-AI practice note. The opened notes are the New South Wales Supreme Court page for Practice Note SC Gen 23, the Victorian Supreme Court news page for Practice Note SC Gen 25, and the Law Society of NSW court-protocols page. The practice-direction PDFs were not opened.

## Sources

- [Civil Liability Act 2002 (NSW) s 15](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s15.html) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) s 4.5](https://classic.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s4.5.html) (checked 2026-10-23)
- [Workers Compensation Act 1987 (NSW) s 151G](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s151g.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 28IA](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28ia.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 28IB](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28ib.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) s 59](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s59.html) (checked 2026-10-23)
- [Transport Accident Commission, lump-sum common law damages](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/lump-sum-damages-common-law) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/value-paid-care-outside-the-gratuitous-services-provisions/victoria.md) | Yellow |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/value-paid-care-outside-the-gratuitous-services-provisions/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/value-paid-care-outside-the-gratuitous-services-provisions/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.*