Check whether Queensland section 11A removes the limitation period
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the date of birth and the abuse described on the file, record whether the claimant is the person said to have been abused as a child, and set s 11A beside that row. Do not decide that a limitation period has expired, and do not invent a commencement date.
- What the lawyer must review
- Decide whether the abuse is sexual or serious physical abuse, or connected psychological abuse.
- Check a dependency claim only if s 11A extends to the section you have opened.
- Record that s 11A(5) keeps the power to grant a permanent stay.
- Keep the file in the firm's system. Confidentiality 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. The court hearing the action.
Produce. A table of age, the abuse described, and s 11A, for the lawyer to accept or reject.
Have ready. Date of birth; Description of the abuse; Whether a dependency or estate claim is made.
Example of the limit. Illustrative example: The file describes physical discipline that the documents do not call serious, and no sexual abuse. The tool records that description beside the s 11A definition. The lawyer decides whether the section applies.
Stop and hand it back when
- The age at the time of the abuse is missing.
- Someone asks for a calendar date on which s 11A commenced.
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 the file supports sexual abuse or serious physical abuse of the claimant as a child, or psychological abuse connected with either.
- Section 11A says the action may be brought at any time and is not subject to a limitation period. It extends to Civil Proceedings Act 2011 s 64 and a survival action under Succession Act 1981 s 66.
- Section 11A(5) does not limit a permanent stay where delay has a burdensome effect so serious that a fair trial is not possible.
- Do not write a calendar date for the commencement of s 11A. The opened section does not state one.
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 1974 (Qld) s 11A · 2026-10-23
- Limitation of Actions Act 1974 (Qld) s 48 · 2026-10-23
- Queensland Courts, using generative artificial intelligence · 2026-10-23
The opened AustLII page for section 11A does not show a compilation heading of 28 April 2026. The full official in-force HTML was not scraped. Do not add a later amendment that was not opened, and do not write a commencement date for section 11A.
If this is used in a Supreme Court document, the Queensland Courts page lists Supreme Court Practice Direction 5 of 2025 on the accuracy of references in submissions. The direction was not opened, so no clause is quoted.