The intensity requirement in s 15(3)(a) of the Civil Liability Act 2002 (NSW) is a continuing requirement: damages cannot be awarded for any period during which gratuitous services are provided for fewer than 6 hours per week. The duration requirement in s 15(3)(b) is a threshold requirement that need only be satisfied once: once gratuitous services have been provided for at least 6 consecutive months, a claimant may recover damages for all periods (including earlier broken periods of less than 6 months) during which the intensity requirement was met. Whether the intensity and duration requirements must be satisfied concurrently during the qualifying 6-month period remains unresolved.
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