Removalist services are not an "everyday task"

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Recent decision provides example of a service which is not an "everyday task" as required by the definition of "attendant care service".

Australia Litigation, Mediation & Arbitration

In Brief

A service is not "an attendant care service", within the definition in section 1.4 of the Motor Accident Injuries Act 2017 if it is not an "everyday task" as required by that definition.
A service does not constitute "treatment and care" if it is not designed to assist the Claimant in their recovery and to maximise their return to work and normal life.

Facts

The Personal Injury Commission (PIC) published its decision in Choi v QBE Insurance (Australia) Limited [2025] NSWPIC 433 on 5 September 2025.

The Claimant was injured in a motor accident on 8 August 2024. The accident caused a whiplash injury to his neck, together with nausea, headaches and pain in his cervical and thoracolumbar spine.

An issue subsequently arose regarding whether the cost of a removalist fell within the definition of "treatment and care" in section 1.4 of MAIA.

How the cost should be characterised was referred to a PIC Member as a Miscellaneous Assessment matter.

Relevant Definitions

Section 1.4 defines "treatment and care" to include eleven items, including "attendant care services".

Section 1.4 also defines "attendant care services" as "services that aim to provide assistance to people with everyday tasks, and includes (for example) personal assistance, nursing, home maintenance and domestic services" (emphasis added).

The Member's Decision

The Member found that engaging a removalist was not an "attendant care service" and, therefore, was not within the statutory definition of "treatment and care" for two reasons:

The removalist's services was a one-off and was not "an everyday task" – in the sense of "usual, ordinary, mundane, routine or regular" – as required by the definition of "attendant care service" in s 1.4.
Engaging a removalist does not constitute "treatment and care" because it is not designed to facilitate the Claimant's recovery or to maximise his return to work and other activities.

Why This Case is Important

The decision in Choi provides another useful example of a service which is not an "everyday task" as required by the definition of "attendant care service".

For other cases which explore what is – and what is not – an "everyday task":

If you would like to discuss this case note, please don't hesitate to get in touch with CTP Practice Group Leader Peter Hunt today.

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