---
title: "Value paid care outside section 15 of the Civil Liability Act 2002"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/value-paid-care-outside-the-gratuitous-services-provisions/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DM20261023-7-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

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

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/value-paid-care-outside-the-gratuitous-services-provisions/new-south-wales  
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 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 | New South Wales |
| Applies to | [Value paid care outside the gratuitous-services provisions](https://ailawframework.com/practice/personal-injury-and-compensation/value-paid-care-outside-the-gratuitous-services-provisions.md) |

## Checking plan

**Verify against sources**

Paid invoices stay out of the section 15 test. The lawyer values them.

- What the AI does: 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 does: Decide whether each service is gratuitous or paid, and accept the value.
- 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. 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.

## Notes

- 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).

## Practical guide

Jurisdiction: A New South Wales damages claim in which some care has been paid for

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

**Inputs**

- 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**: 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 escalate 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.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW), in force from 30 July 2026, sections 3B, 15 and 15A](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2002-022) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW), Part 4, read with Civil Liability Act section 3B(1)(e1)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2017-010) (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.*