List the NSW week limits on motor-accident weekly payments
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the accident date and the facts the lawyer marks, list the week limits in sections 3.11 and 3.12 and the fact that would select each one. Do not pick the limit and do not calculate a payment.
- What the lawyer must review
- Decide which week limit applies, including fault, a threshold injury, and any pending damages claim.
- Section 3.11 stops weekly payments after 52 weeks only in the cases that section states.
- Section 3.12 states 104, 156 or 260 weeks for other injured persons. Do not use it for a section 3.11 case.
- Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Motor Accident Injuries Act 2017 (NSW) sections 3.11 and 3.12, for an accident on or after 1 December 2017
Produce. A list of the week limits and the fact that would select each one. No limit is chosen.
Have ready. Accident date; Lawyer's marks on fault, threshold injury and permanent impairment; Whether a damages claim is pending.
Example of the limit. Illustrative example: No damages claim is pending, and the lawyer has not marked fault or a threshold injury. The tool lists the 52-week gate and the 104-week gate and does not choose between them.
Stop and hand it back when
- The tool is asked to choose the week limit or to calculate a weekly rate.
- The lawyer marks the person under section 3.11 and the tool is asked to apply section 3.12.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the accident date and the facts the lawyer marks, list the week limits in sections 3.11 and 3.12 and the fact that would select each one. Do not pick the limit and do not calculate a payment. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 3.11: no weekly payments for loss of earnings or earning capacity more than 52 weeks after the accident if the accident was caused wholly or mostly by the fault of the person, or the person's only injuries were threshold injuries. Mostly at fault means contributory negligence greater than 61 per cent.
- The note to section 3.11 says section 3.38 provides a reduction after 52 weeks where the person is not mostly at fault. Section 3.38 was not opened. Do not state a reduction percentage.
- Section 3.12 is for other injured persons. The period is 104 weeks unless a damages claim is pending, whether or not liability is accepted. It is 156 weeks if a damages claim is pending and permanent impairment is not greater than 10 per cent, and 260 weeks if a damages claim is pending and permanent impairment is greater than 10 per cent.
- Section 3.12(3) ends that period if the pending damages claim is withdrawn, settled or finally determined after 104 weeks. Do not decide what follows if the damages claim ends before 104 weeks.
- The guidelines still name notices for benefits up to 52 weeks and after 52 weeks, and matters for employment reasonably available from week 79. Those clauses do not set the week limits in sections 3.11 and 3.12.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| New South Wales motor accident weekly statutory benefits worksheet | Other | AI use Yellow | Worksheet for weekly statutory benefits under the Motor Accident Injuries Act 2017 (NSW) sections 3.6 to 3.12 and Schedule 1. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Motor Accident Injuries Act 2017 (NSW) section 3.11 · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW) section 3.12 · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW) section 3.19 · 2026-10-23
- SIRA Motor Accident Guidelines Part 4 · 2026-10-23
Do not decide fault, whether an injury is a threshold injury, or the degree of permanent impairment. Section 3.19 requires notice before discontinuing or reducing weekly payments after four continuous weeks. That notice is 2, 4 or 8 weeks depending on the entitlement period. It does not apply to a reduction only from a return to work, a change in earnings, or a lower statutory rate, or to a suspension under the Act. It is not the week limit. The week counts of the entitlement periods were not in that section.