---
title: "New South Wales section 16 non-economic loss worksheet"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-cla-s16-worksheet"
type: "precedent"
site: "AI Law Framework"
id: "a21-nsw-cla-s16-worksheet"
area_id: "A21"
kind: "other"
ai_level: "yellow"
version: 1
task_ids: ["A21-DM20261023-10"]
law_stated_as_at: "2026-10-23"
---

# 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.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-cla-s16-worksheet  
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: 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 2 authorities it cites, for New South Wales.

## 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

- [Record the current maximum or scale for non-economic loss](https://ailawframework.com/practice/personal-injury-and-compensation/record-the-current-maximum-or-scale-for-non-economic-loss.md)

## 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).

## Authorities

- [Civil Liability Act 2002 (NSW) s 16 (determination of damages for non-economic loss)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s16.html)
- [Civil Liability Act 2002 (NSW) s 17 (indexation of the maximum)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s17.html)

## 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/nsw-cla-s16-worksheet 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.*