Value paid care outside section 15 of the Civil Liability Act 2002
MaintainedLast reviewed
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
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
| Role | What they do |
|---|---|
| Assistance | 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. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- 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.
- 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.
- Section 15(6) says that, except as the section provides, nothing in it affects any other law on the value of attendant care services.
- 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
- Civil Liability Act 2002 (NSW), in force from 30 July 2026, sections 3B, 15 and 15A · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW), Part 4, read with Civil Liability Act section 3B(1)(e1) · 2026-10-23
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).