---
title: "Non-economic loss workings"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/non-economic-loss-workings"
type: "precedent"
site: "AI Law Framework"
id: "a21-non-economic-loss-workings"
area_id: "A21"
kind: "other"
ai_level: "yellow"
version: 1
task_ids: ["A21-SB20261022-4", "A21-T1-R3", "A21-WR20261022-1"]
law_stated_as_at: "2026-10-23"
---

# Non-economic loss workings

> Workings for pain and suffering and loss of amenities: the Victorian threshold and gazetted cap, the Queensland injury scale for 2026–27, and the New South Wales proportion of a most extreme case.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/non-economic-loss-workings  
Law stated as at: 2026-10-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Other. A precedent that fits none of the other kinds.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: Victoria, Queensland, New South Wales
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-23
- Status: Maintained. Checked on 2026-10-23 against the 6 authorities it cites, for Victoria, Queensland and New South Wales.

## When to use it

Use when a plaintiff firm turns a lawyer's impairment assessment, injury scale value or percentage of a most extreme case into a non-economic loss figure. The tool does not choose that assessment. Do not use the 2026–27 Queensland table for an injury that arose in another financial year.

## Used for these tasks

- [Apply the statutory table for non-economic loss damages](https://ailawframework.com/practice/personal-injury-and-compensation/apply-the-statutory-table-for-non-economic-loss-damages.md)
- [Prepare a damages or statutory-entitlements schedule](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-a-damages-or-statutory-entitlements-schedule.md)
- [Test an injury against the statutory threshold for benefits or damages](https://ailawframework.com/practice/personal-injury-and-compensation/test-an-injury-against-the-statutory-threshold-for-benefits-or-damages.md)

## How AI may be used

Once the lawyer has stated the percentage, the injury scale value or that the injury is deemed significant, the tool may apply the table or the notice and show the rounding.

**AI may:**

- Record the lawyer's percentage of a most extreme case, injury scale value, or deemed-injury finding, and nothing else in that field
- Look up the New South Wales table percentage for that figure and multiply it by the maximum the lawyer confirms is in force
- For an injury the lawyer says arose in the 2026–2027 Queensland financial year, add the base amount and the variable amount from the row that contains the lawyer's injury scale value

**AI must not:**

- Must not choose the percentage of a most extreme case, the injury scale value, or whether an injury is significant
- Must not use the amount printed in Wrongs Act s 28G or Civil Liability Act 2002 (NSW) s 16(2) as the current maximum
- Must not use the 2026–2027 Queensland table for an injury that arose in another year
- Must not apply these tables to a transport-accident or workers-compensation assessment unless the lawyer says the table governs that claim

**The lawyer checks:**

- Victoria: confirm a significant injury under s 28LE and s 28LF, including the threshold level in s 28LB, before any non-economic loss is claimed
- Use the gazetted equivalent of the s 28G amount. Gazette S 363 states $783,000 for Workplace Injury Rehabilitation and Compensation Act s 340(b)(ii) from 1 July 2026, and the note to Wrongs Act s 28HAAB says the s 28G amount is equivalent to that amount
- New South Wales: from 1 October 2026 the declared maximum is $829,000. No damages below 15 per cent of a most extreme case. Round to the nearest $500, with $250 and $750 rounded up
- Queensland: general damages are the base plus the variable amount fixed for the injury scale value for the period in which the injury arose

## Authorities

- [Wrongs Act 1958 (Vic) s 28LB (threshold level), s 28LE and s 28LF (significant injury), s 28G and the note to s 28HAAB](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28lb.html)
- [Victoria Government Gazette No S 363, 30 June 2026, Workplace Injury Rehabilitation and Compensation Act 2013 s 340(b)(ii)](https://www.gazette.vic.gov.au/gazette/Gazettes2026/GG2026S363.pdf)
- [Civil Liability Act 2003 (Qld) s 61 and s 62](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s62.html)
- [Civil Liability Indexation Notice 2026 (Qld), commencing 1 July 2026, s 4](https://www.legislation.qld.gov.au/view/whole/html/asmade/sl-2026-0090)
- [Civil Liability Act 2002 (NSW) s 16](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s16.html)
- [Civil Liability (Non-economic Loss) Order 2010 (NSW), $829,000 from 1 October 2026](https://legislation.nsw.gov.au/view/whole/html/inforce/2026-10-09/sl-2010-0606)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/non-economic-loss-workings and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*