Other · Personal Injury & Compensation
New South Wales section 16 non-economic loss worksheet
Worksheet for non-economic loss under Civil Liability Act 2002 (NSW) section 16, using the percentage table and the rounding rule in the section. The maximum is the section 17 order, and no dollar maximum is typed.
- Kind
- Other. A precedent that fits none of the other kinds.
- Where it applies
- New South Wales
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 23 October 2026
- Status
- Maintained. Checked on 23 October 2026 against the 2 authorities it cites, for New South Wales.
- Version
- 1
- Source
- Written for this library
When to use it
Use when non-economic loss is assessed under Civil Liability Act 2002 (NSW) section 16. The lawyer sets the proportion of a most extreme case and inserts the maximum from the order in force. It is not the Queensland scale and not the Wrongs Act cap.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The tool applies the section 16 table to the percentage and the maximum the lawyer supplies, and rounds as section 16(4) says.
AI may
- Refuse a calculation where the lawyer's proportion is below 15 per cent.
- Read the table percentage for a proportion from 15 to 33, and use the same proportion above 33, as the note states.
- Multiply by the maximum the lawyer copies from the section 17 order and round to the nearest $500.
AI must not
- Do not choose the proportion of a most extreme case.
- Do not type the amount printed in section 16(2). Section 17(3) says the declared amount applies to its exclusion.
- Do not type a declared dollar from memory. The lawyer inserts the order in force.
- Do not use this table for a Queensland injury scale value or a Victorian significant-injury assessment.
The lawyer checks
- Confirm section 16 applies to this award.
- Determine the severity as a proportion of a most extreme case.
- Insert the amount in the order published on the NSW legislation website under section 17, not the amount printed in section 16(2).
- Check the rounding, including that $250 and $750 round up.
- Keep wage and medical records in the firm's system. Check Australian Solicitors' Conduct Rules rule 9, Australian Privacy Principle 11, and whether a breach would be notifiable under the Privacy Act 1988 (Cth).
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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