Check whether the Victorian non-economic loss Part applies to an abuse claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the causes the lawyer has named, record for each defendant whether the lawyer describes the claim as the abuser's own act or as the institution's failure to prevent it. Do not apply a cap or calculate a figure.
- What the lawyer must review
- Decide whether the fault is, or relates to, an intentional or sexual act under s 28LC(2)(a).
- The abuser and the institution can differ. Do not copy one exclusion onto the other.
- Apply the section, as opened, to the non-economic loss Part only.
- 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. Any assessment of non-economic loss under the Wrongs Act Part that s 28LC applies.
Produce. A table of each defendant, the cause the lawyer has named, and whether the lawyer has said s 28LC(2)(a) applies.
Have ready. The causes the lawyer has named; Which defendant did which act; The head of damage being considered.
Example of the limit. Illustrative example: One row is the alleged abuser's assault and the next is the institution's failure to prevent it. The tool does not mark the institution's row as outside the Part. The lawyer decides whether the institution's fault relates to the act.
Stop and hand it back when
- The tool is asked to calculate a figure.
- One defendant's exclusion has been copied onto the other.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the causes the lawyer has named, record for each defendant whether the lawyer describes the claim as the abuser's own act or as the institution's failure to prevent it. Do not apply a cap or calculate a figure. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 28LC(2)(a) says the non-economic loss Part does not apply where the fault concerned is, or relates to, an intentional act done with intent to cause death or injury, or sexual assault or other sexual misconduct.
- The lawyer decides whether an institution's negligence relates to that act. The section does not, by itself, say what happens to other heads of damage.
- Do not state a threshold figure. None was taken from this section for this task.
Sources
- Wrongs Act 1958 (Vic) s 28LC · 2026-10-23
- OAIC, APP 11 security of personal information · 2026-10-23
Put the abuser and the institution on separate rows.
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