Check the Victorian child-abuse limitation sections before counting time
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 minor, and set sections 27O and 27P beside that row. Do not decide that a limitation period has expired.
- What the lawyer must review
- Decide whether the claimant is the person abused as a minor, and whether s 27O applies.
- Keep a dependency claim off this row unless the section you opened extends to it.
- Record that s 27R keeps the power to stay. Do not answer the stay.
- Keep the file in the firm's system. 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. Victoria. The court hearing the action. There is no single compulsory forum in the sections opened.
Produce. A table of age, the abuse described, and ss 27O and 27P, for the lawyer to accept or reject.
Have ready. Date of birth; Description of the abuse and the claimant's age; Whether any dependency or estate claim is made.
Example of the limit. Illustrative example: The file says the claimant was 16 at the time of physical abuse that is not described as serious. The tool places that fact beside s 27O. The lawyer decides whether the section applies.
Stop and hand it back when
- The date of birth, or the age at the time of the abuse, is not on the file.
- The claimant is not the person said to have been abused, and no opened section extends to that claim.
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 the date of birth and whether the file says the claimant was a minor at the time of the abuse.
- Section 27O covers physical abuse or sexual abuse of the person when a minor, and psychological abuse arising out of that act or omission. It is not confined to serious physical abuse.
- Section 27P allows an action to which the Division applies, other than one under Part III of the Wrongs Act 1958, to be brought at any time.
- Do not treat removal of the limitation period as the end of the stay question. Section 27R 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 · 2026-10-23
- Limitation of Actions Act 1958 (Vic) s 27P · 2026-10-23
- Limitation of Actions Act 1958 (Vic), version 113 in force from 2 October 2026 · 2026-10-23
- Supreme Court of Victoria news page on Practice Note SC Gen 25 · 2026-10-23
The official in-force Act is version 113, effective 2 October 2026. Confirm that version before reliance. The AustLII pages were read against it.
If this is used in a Supreme Court document, the Court's news page on Practice Note SC Gen 25 says court users are responsible for the content whether or not they used AI.