ARTICLE · 05 FEBRUARY 2025

Can preparing a house for sale be an "Attendant Care Service"?

McCabes

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A major project, like house painting, is not an Attendant Care Service & therefore not Treatment & Care" because it is not an Everyday Task.

AustraliaLitigation, Mediation & Arbitration

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In Brief

The definition of "treatment care" in s 1.4 of the Motor Accident Injuries Act 2017 (MAIA) includes "attendant care services".
Pursuant to the definition in s 1.4 of MAIA, a task is only an "attendant care service" if it is an "everyday task".
Whether a task is an "everyday task" turns on the scope of the undertaking and whether it is commonplace and routine or not.

Facts

The Personal Injury Commission (PIC) published its decision in Lau v QBE Insurance (Australia) Limited [2024] NSWPIC 724 on 31 January 2025.

The Claimant was injured in a motor accident on 18 January 2023. He sustained a number of serious injuries including a burst, compression fracture of his thoracic spine, together with other thoracic fractures.

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