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

# Check whether the Victorian non-economic loss Part applies to an abuse claim

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-damages-limits-apply-to-an-intentional-abuse-claim/victoria  
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, 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. |
| Written for | Victoria |
| Applies to | [Check whether damages limits apply to an intentional abuse claim](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-damages-limits-apply-to-an-intentional-abuse-claim.md) |

## Checking plan

**Verify against sources**

The lawyer decides whether s 28LC(2)(a) applies to this defendant. The tool does not calculate damages.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. 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.
2. 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.
3. Do not state a threshold figure. None was taken from this section for this task.

## Notes

- Put the abuser and the institution on separate rows.
- 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.

## Practical guide

Jurisdiction: Victoria. Any assessment of non-economic loss under the Wrongs Act Part that s 28LC applies.

**Deliverable**: A table of each defendant, the cause the lawyer has named, and whether the lawyer has said s 28LC(2)(a) applies.

**Inputs**

- The causes the lawyer has named
- Which defendant did which act
- The head of damage being considered

**Example**: 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 escalate when**

- The tool is asked to calculate a figure.
- One defendant's exclusion has been copied onto the other.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic) s 28LC](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28lc.html) (checked 2026-10-23)
- [OAIC, 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)

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