---
title: "Check whether damages limits apply to an intentional abuse claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-damages-limits-apply-to-an-intentional-abuse-claim"
type: "task"
site: "AI Law Framework"
id: "A21-AB20261023-7"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Check whether damages limits apply to an intentional abuse claim

> From the causes the lawyer has named, set out for each defendant whether the lawyer has described the claim as the abuser's own act or as the institution's failure to prevent it, and place beside each row the excluding…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-damages-limits-apply-to-an-intentional-abuse-claim  
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 | Yellow: Lawyer and AI draft together |
| How AI is used | From the causes the lawyer has named, set out for each defendant whether the lawyer has described the claim as the abuser's own act or as the institution's failure to prevent it, and place beside each row the excluding section the lawyer has named. Do not apply a cap, a scale or a threshold, and do not calculate damages. |
| What the lawyer must review | Decide whether the exclusion attaches to this defendant. The abuser and the institution can differ. Quote the section. Do not assume an institutional negligence claim is outside every cap. Keep exemplary damages separate from the non-economic loss threshold. Keep the file in the firm's system. Confidentiality, APP 11 and a notifiable-breach check apply. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to the linked sections and check for a definition or exception the output has missed.

- What the AI does: From the causes the lawyer has named, set out for each defendant whether the lawyer has described the claim as the abuser's own act or as the institution's failure to prevent it, and place beside each row the excluding section the lawyer has named. Do not apply a cap, a scale or a threshold, and do not calculate damages.
- What the lawyer does: Decide whether the exclusion attaches to this defendant. The abuser and the institution can differ. Quote the section. Do not assume an institutional negligence claim is outside every cap. Exemplary damages are a separate question from the non-economic loss threshold. Keep the file in the firm's system. Confidentiality, APP 11 and a notifiable-breach check apply.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Put the abuser and the institution on separate rows. Do not copy one defendant's exclusion onto the other.
2. In Queensland, do not say the whole Civil Liability Act is excluded. Section 5 does not say that. Section 52 is the exemplary-damages rule that was opened.
3. In New South Wales, keep Part 1B inside the claim even where s 3B(1)(a) otherwise excludes the Act.
4. Do not calculate a figure. No cap, scale or threshold number is stated in this task.

## Notes

- 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.

## Sources

- [Wrongs Act 1958 (Vic) s 28LC, application of the non-economic loss Part](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28lc.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) s 5, civil liability excluded from the Act](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s5.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) s 52, exemplary, punitive or aggravated damages](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s52.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) s 6, application of the Act](https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/qld/consol_act/pipa2002314/s6.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 3B, civil liability excluded from the Act](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s3b.html) (checked 2026-10-23)
- [Office of the Australian Information Commissioner, APP 11, security of personal information](https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-11-app-11-security-of-personal-information) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-damages-limits-apply-to-an-intentional-abuse-claim/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-damages-limits-apply-to-an-intentional-abuse-claim/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-damages-limits-apply-to-an-intentional-abuse-claim/queensland.md) | Yellow |

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