Check whether a Queensland damages notice has kept the right to sue open
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, set out whether section 302 still allows a proceeding, from the limitation position, the notice, any waiver and any court order the lawyer identifies. Do not decide that the claim is statute-barred.
- What the lawyer must review
- Decide whether a complying notice, a waiver or an order has kept the right open.
- Diary the 60 days under section 302(3) from the compulsory conference.
- Do not state a schedule 5 length the opened text does not contain.
- Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland: section 302 and whether a complying notice, a waiver or an order still allows a proceeding
Produce. A note of whether the Queensland damages notice, a waiver or an order still allows a proceeding, and the 60-day conference count.
Have ready. Injury and notice dates; Compliance or waiver; Conference date; Any court order.
Example of the limit. Illustrative example: The period in section 302(1) has ended. A complying notice was given before it ended, section 295 has been met, and the compulsory conference was held 40 days ago. The tool diaries 20 days remaining under section 302(3). The lawyer checks that this is a proceeding after that period, not one still inside it.
Stop and hand it back when
- Compliance cannot be proved from the file.
- The tool has stated the contents of schedule 5.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record whether a complying notice was given or is taken to have been given, or whether compliance was waived, before the period ended.
- Record any declaration under section 297 or leave under section 298. Do not describe their tests. Those sections were not opened.
- Where section 302(3) applies, diary 60 days after the compulsory conference.
- Attribute WorkCover's approach to its policy. Section 11 of the Limitation of Actions Act was not opened.
Sources
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 302 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 295 · 2026-10-23
- WorkCover Queensland: Common law limitation period policy · 2026-10-23
Section 302(1) allows a proceeding within the period allowed by the Limitation of Actions Act 1974, or within a different period provided in schedule 5. Schedule 5 was not opened. After that period, a proceeding is brought only if, before the end of the period, the claimant gave, or is taken to have given, a complying notice of claim, or the insurer waived compliance with section 275, or the court made a declaration under section 297 or gave leave under section 298, and the claimant has complied with section 295. The proceeding must then be brought within 60 days after the compulsory conference. WorkCover's policy says that, prima facie, compliance or a waiver is obtained before the limitation period expires, unless a court has made a declaration under section 297 or given leave under section 298 before then. During the statutory claim WorkCover will not advise whether schedule 5 extends time. For a defined event, where compliance or a waiver under section 276 was not obtained in time and no material fact is suggested, WorkCover intends to rely on a defence under section 11 of the Limitation of Actions Act. Section 11 was not opened. The policy is the source for that statement.
Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).