---
title: "Check whether a complying notice has changed the time to start proceedings"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-complying-notice-has-changed-the-time-to-start-proceedin"
type: "task"
site: "AI Law Framework"
id: "A21-PL20261023-10"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Check whether a complying notice has changed the time to start proceedings

> Set out the incident date, the notice date, and the limitation facts the lawyer has already marked. Do not calculate the last day to sue and do not write the advice.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-complying-notice-has-changed-the-time-to-start-proceedin  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Set out the incident date, the notice date, and the limitation facts the lawyer has already marked. Do not calculate the last day to sue and do not write the advice. |
| What the lawyer must review | The lawyer decides whether a notice lets a proceeding start after the limitation period, and writes that advice. Do not diary a date until the lawyer has settled the discoverability or accrual facts. Keep health and wage records in a firm-controlled tool, not a public one. ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth). |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: Set out the incident date, the notice date, and the limitation facts the lawyer has already marked. Do not calculate the last day to sue and do not write the advice.
- What the lawyer does: The lawyer decides whether a notice lets a proceeding start after the limitation period, and writes that advice. Do not diary a date until the lawyer has settled the discoverability or accrual facts. Keep health and wage records in a firm-controlled tool, not a public one. ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Do not treat the Queensland section 59 alteration as available in Victoria or New South Wales.
2. In Queensland use accrual under section 11, not the discoverability test from the other two Acts.
3. A complying Part 1 must have been given before the limitation period ended before section 59 can be considered.
4. The lawyer writes the last day. The table only holds dates the documents show.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
- If the same facts later go into an affidavit or witness statement in the District Court of New South Wales, its Generative AI Practice Note (commenced 3 February 2025) says generative AI must not generate that content.
- Supreme Court of Victoria practice note SC GEN 25 (commenced 14 May 2026) calls for particular caution where generative AI assists with affidavit material, a witness statement or an expert report. The document must reflect the person's own knowledge.
- Supreme Court of Queensland Practice Direction 5 of 2025 requires the practitioner responsible for written submissions to be named, and to verify the references.

## Sources

- [Limitation of Actions Act 1958 (Vic) section 27D, AustLII](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27d.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) section 27F, AustLII](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27f.html) (checked 2026-10-23)
- [Limitation of Actions Act 1974 (Qld) section 11, AustLII](https://classic.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s11.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) section 59, AustLII](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s59.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW) section 50C, AustLII](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50c.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW) section 50D, AustLII](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50d.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-complying-notice-has-changed-the-time-to-start-proceedin/new-south-wales.md) | Red |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-complying-notice-has-changed-the-time-to-start-proceedin/victoria.md) | Red |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-complying-notice-has-changed-the-time-to-start-proceedin/queensland.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*