Value paid care outside section 15 of the Civil Liability Act 2002

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Key facts

Human involvement
YellowClose supervision
How AI is used
From the invoices the lawyer accepts, list paid attendant care and leave the value blank. Do not apply the six-hour or six-month conditions, or the section 15 cap, to a service the claimant has paid or is liable to pay.
What the lawyer must review
  • Gratuitous care is care for which the claimant has not paid or is not liable to pay
  • Section 15(6) leaves other law on the value of attendant care in place
  • Do not use section 15 for a Motor Accident Injuries Act award or work injury damages
  • Do not apply the section 15 six-hour and six-month test to section 15A care
Written for / version
New South Wales versionNSWVICQLD

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. A New South Wales damages claim in which some care has been paid for

Produce. A list of paid-care invoices, with value left blank and section 15 not applied.

Have ready. The invoices and who was paid; Whether the claimant paid or is liable to pay; The lawyer's decision on whether section 15 could otherwise apply.

Example of the limit. Illustrative example: A family member was paid for eight hours. The row is marked paid. The six-month condition is not applied to it.

Stop and hand it back when

  • The invoice does not show whether the claimant paid or is liable to pay.
  • The claim is a motor accident damages claim and the tool would still apply section 15.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceFrom the invoices the lawyer accepts, list paid attendant care and leave the value blank. Do not apply the six-hour or six-month conditions, or the section 15 cap, to a service the claimant has paid or is liable to pay.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Section 15 defines gratuitous attendant care services as attendant care services provided by another person to a claimant for which the claimant has not paid or is not liable to pay.
  2. The six hours a week, the six consecutive months, and the average-weekly-earnings cap are conditions on gratuitous care. They are not applied to a paid invoice.
  3. Section 15(6) says that, except as the section provides, nothing in it affects any other law on the value of attendant care services.
  4. Section 15 does not apply to a Part 4 award or to work injury damages. In Dust Diseases Tribunal proceedings, section 15A was read: the amount must not exceed the hourly rate in section 15(5) regardless of the number of hours. Section 15A does not restate the six-hour test.

Sources

Section 15A(2) is a cap. It is not a method for valuing paid care.

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).

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