Queensland Consolidated Acts Queensland Consolidated Acts(1) Damages for gratuitous services are not to be awarded unless--
(a) the services are necessary; and
(b) the need for the services arises solely out of the injury in relation to which damages are awarded; and
(c) the services are provided, or are to be provided--
(i) for at least 6 hours per week; and
(ii) for at least 6 months.
(2) Damages are not to be awarded for gratuitous services if gratuitous services of the same kind were being provided for the injured person before the breach of duty happened.
(3) Damages are not to be awarded for gratuitous services replacing services provided by an injured person, or that would have been provided by the injured person if the injury had not been suffered, for others outside the injured person's household.
(4) In assessing damages for gratuitous services, a court must take into account--
(a) any offsetting benefit the service provider obtains through providing the services; and
(b) periods for which the injured person has not required or is not likely to require the services because the injured person has been or is likely to be cared for in a hospital or other institution.