Check whether a limitation period still runs on a child-abuse action
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the dates of birth, the dates of the alleged abuse and the identity of the claimant on the file the lawyer selects, set out whether the claimant is the person said to have been abused as a child, and list the section the lawyer has named. Do not decide that a limitation period has, or has not, expired, and do not choose the section.
- What the lawyer must review
- Decide whether the claimant is the person abused as a child, and which section applies.
- Do not treat a dependency or estate claim as covered unless the section you opened says so.
- Do not treat a removed limitation period as removing the court's power to stay a proceeding.
- Keep the file in the firm's system. Confidentiality, APP 11 and a notifiable-breach check apply.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | From the dates of birth, the dates of the alleged abuse and the identity of the claimant on the file the lawyer selects, set out whether the claimant is the person said to have been abused as a child, and list the section the lawyer has named. Do not decide that a limitation period has, or has not, expired, and do not choose the section. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record the date of birth and whether the file says the claimant was under 18, or a minor, at the time of the abuse.
- Keep a claim by a parent or other relative off the removed-limitation row unless the lawyer names a dependency or survival provision the section extends to.
- Do not describe physical abuse as within the Queensland or New South Wales removing section unless the file supports serious physical abuse, or a sexual abuse to which it is connected. Victoria's s 27O is not limited to serious physical abuse.
- Record, and do not answer, whether a stay is still open. Each opened section preserves that power.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Letter to an institution about a claim for abuse of a child | Letter | AI use Yellow | Letter telling an institution that a person intends to claim for abuse suffered as a child, covering the limitation position and the proper-defendant rules in Victoria, Queensland and New South Wales. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Limitation of Actions Act 1958 (Vic) s 27O, application of the child-abuse division · 2026-10-23
- Limitation of Actions Act 1958 (Vic) s 27P, no limitation period for certain actions · 2026-10-23
- Limitation of Actions Act 1958 (Vic), in force, version 113 effective 2 October 2026 · 2026-10-23
- Limitation of Actions Act 1974 (Qld) s 11A, no limitation period for actions for child abuse · 2026-10-23
- Limitation Act 1969 (NSW) s 6A, no limitation period for child abuse actions · 2026-10-23
- Office of the Australian Information Commissioner, APP 11, security of personal information · 2026-10-23
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) r 9.1, confidentiality, compiled to 1 July 2026 · 2026-10-23
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.
Before any output is used in a court document, read the forum's generative AI rule: Victoria, Supreme Court Practice Note SC Gen 25; New South Wales, Practice Note SC Gen 23; Queensland, the courts' generative AI page and Supreme Court Practice Direction 5 of 2025.