---
title: "Check whether section 59 has altered the time to start"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-complying-notice-has-changed-the-time-to-start-proceedin/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-10-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Check whether section 59 has altered the time to start

> Set out the incident date, the notice date, and the limitation facts the lawyer has already marked. Do not calculate the last day 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/queensland  
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 and do not write the advice. |
| What the lawyer must review | The lawyer writes the advice on the last day. The tool does not calculate it. Section 11 is 3 years from when the cause of action arose. It is not a discoverability test. 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 | Queensland |
| Applies to | [Check whether a complying notice has changed the time to start proceedings](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-complying-notice-has-changed-the-time-to-start-proceedin.md) |

## Checking plan

**Verify against sources**

Section 59 can let a proceeding start after the limitation period if a complying Part 1 was given in time, and only within the further period the section states.

- 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 and do not write the advice.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Record section 11: an action for damages for negligence, trespass, nuisance or breach of duty, where the damages include personal injury or injury resulting from death, shall not be brought after 3 years from the date the cause of action arose.
2. If a complying Part 1 was given before the end of the limitation period, section 59(1) and (2) allow a proceeding after that period only if started within 6 months after the notice is given or leave is granted, or a longer period the court allows.
3. Section 59(3): a proceeding started under subsection (2) without Part 1 compliance is stayed until compliance or until it otherwise ends.
4. Section 59(4): if the limitation period is extended under the Limitation of Actions Act 1974, part 3, section 59 applies to the period as extended. Section 9(9) says the symptoms timing does not decide when the cause of action arose. Section 42(5) can bar a claim that misses a time the court has fixed.

## Notes

- Section 11(2) removes a limitation period for a dust-related condition. That is not this task. The lawyer decides whether the Part 1 was complying. The tool does not.
- The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that confidential information must not go into a public chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.

## Practical guide

Jurisdiction: Queensland. A question whether a complying Part 1 has changed the time to start.

**Deliverable**: A date table. The lawyer writes the advice on the last day.

**Inputs**

- Date the cause of action arose, as the lawyer marks it
- Date of the Part 1 notice
- Whether the lawyer has marked the notice as complying

**Example**: Illustrative example: The lawyer has marked a Part 1 date and has not marked it as complying. The table records the date and leaves the section 59 question for the lawyer. It names no last day.

**Stop and escalate when**

- The tool is asked to calculate the last day or write the advice.
- The injury is a dust-related condition under section 11(2).

Checked 2026-10-23.

## Sources

- [Limitation of Actions Act 1974 (Qld) section 11](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](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s59.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) section 9](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s9.html) (checked 2026-10-23)

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