---
title: "Victoria Wrongs Act caps worksheet"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/vic-wrongs-caps-worksheet"
type: "precedent"
site: "AI Law Framework"
id: "a21-vic-wrongs-caps-worksheet"
area_id: "A21"
kind: "other"
ai_level: "yellow"
version: 1
task_ids: ["A21-DM20261023-1", "A21-DM20261023-2", "A21-DM20261023-8", "A21-DM20261023-10"]
law_stated_as_at: "2026-10-23"
---

# Victoria Wrongs Act caps worksheet

> Worksheet for the Wrongs Act 1958 (Vic) limits that were opened: the earnings cap, the indexed non-economic loss maximum, the discount rate, and the gratuitous care limits. No indexed dollar is typed.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/vic-wrongs-caps-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: Victoria
- 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 3 authorities it cites, for Victoria.

## When to use it

Use when a Victorian personal injury award may be under Part VB of the Wrongs Act 1958. The lawyer confirms the Part applies and inserts each indexed figure from the source the section names.

## Used for these tasks

- [Cap weekly loss of earnings at three times average weekly earnings](https://ailawframework.com/practice/personal-injury-and-compensation/cap-weekly-loss-of-earnings-at-three-times-average-weekly-earnings.md)
- [Discount a future lump sum at the statutory rate](https://ailawframework.com/practice/personal-injury-and-compensation/discount-a-future-lump-sum-at-the-statutory-rate.md)
- [Assess loss of capacity to provide gratuitous care to dependants](https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-capacity-to-provide-gratuitous-care-to-dependants.md)
- [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 statutory tests and leaves a blank wherever the current figure is an indexed amount or a prescribed rate.

**AI may:**

- Multiply the average weekly earnings figure the lawyer supplies by three, for each week of loss of earnings under section 28F.
- Record the non-economic loss maximum the lawyer takes from the Government Gazette, and apply the section 28HAAB rounding only if a calculation is actually made.
- Compare gratuitous care hours with the section 28IA test and the section 28IB hourly cap, using the earnings figure the lawyer supplies.

**AI must not:**

- Do not type a dollar for average weekly earnings, the non-economic loss maximum, or the section 28IB cap.
- Do not treat 5 per cent as the discount rate in force. It applies only if no percentage is prescribed. The regulations were not opened.
- Do not apply the section 28H formula. It is an image and did not render as text.
- Do not cap loss of capacity to care for dependants by section 28IB. Section 28ID sends that loss to section 28IE, which was not opened.

**The lawyer checks:**

- Confirm Part VB applies to this award.
- Insert average weekly earnings from the Australian Statistician's estimate described in the section, at the date of the award.
- Insert the non-economic loss maximum published in the Government Gazette, as the note to section 28HAAB describes.
- Confirm whether a regulation prescribes a discount rate before using 5 per cent.
- 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

- [Wrongs Act 1958 (Vic) s 28F (maximum for loss of earnings) and s 28I (discount rate)](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28f.html)
- [Wrongs Act 1958 (Vic) s 28G, s 28H and s 28HAAB (non-economic loss maximum and indexation)](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28h.html)
- [Wrongs Act 1958 (Vic) s 28IA and s 28IB (gratuitous attendant care) and s 28ID (care for dependants)](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28ia.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/vic-wrongs-caps-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.*