Section 315 of the WorkCover Queensland Act 1996 does not preclude an award of damages for future paid care where the worker genuinely intends to engage commercial services, even though gratuitous services of the same kind were previously provided by a family member. The three conjunctive requirements of s 315(a)-(c) must all be satisfied before the prohibition applies, and s 315(c) operates as a standalone qualification on 'services of any kind' — not merely on the services described in s 315(b). When determining whether a claimant 'relies exclusively' on a failure to provide a safe system of work under s 312(2), the court must look at the substance of what is actually relied upon, not merely the form of the pleading.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.