---
title: "Check which damages limits do not apply to a dust claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-which-damages-limits-do-not-apply-to-a-dust-claim"
type: "task"
site: "AI Law Framework"
id: "A21-DD20261023-9"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Check which damages limits do not apply to a dust claim

> In a firm-controlled tool, list each opened exclusion and the proceedings it covers, and mark any cap or threshold the opened text does not mention.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-which-damages-limits-do-not-apply-to-a-dust-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 | In a firm-controlled tool, list each opened exclusion and the proceedings it covers, and mark any cap or threshold the opened text does not mention. |
| What the lawyer must review | The lawyer decides which limits apply. Do not treat an unopened section as excluded. Sections 15A, 15B and 18(1)(c) were not opened. In Victoria, section 28C does not itself name dust. Confirm any regulation. Do not apply a damages-cap exclusion for dust in Queensland. None was opened. |
| Written for / versions | 2 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to the linked source and check for material the output has missed.

- What the AI does: In a firm-controlled tool, list each opened exclusion and the proceedings it covers, and mark any cap or threshold the opened text does not mention.
- What the lawyer does: The lawyer decides which limits apply. Do not treat an unopened section as excluded. Sections 15A, 15B and 18(1)(c) were not opened. In Victoria, section 28C does not itself name dust. Confirm any regulation. In Queensland, no damages-cap exclusion for dust was opened.
- 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. Match the proceeding to the exclusion that was actually opened.
2. Leave sections 15A, 15B and 18(1)(c) as applicable exceptions whose content was not opened.
3. Confirm Victoria is not given a dust exclusion from Part VB beyond the exclusions in the opened text.
4. Confirm Queensland is not marked as free of damages caps.

## 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.
- Section 45 of the Wrongs Act 1958 (Vic) returned an error and is not cited.

## Sources

- [Civil Liability Act 2002 (NSW) s 3B](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s3b.html) (checked 2026-10-23)
- [SIRA insurer guidance GN 10.1 Dust diseases](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/insurer-guidance/other-nsw-wc-schemes/gn-10.1-dust-diseases) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 28C](https://www.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28c.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) schedule 2](https://www.austlii.edu.au/au/legis/qld/consol_act/cla2003161/sch2.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/check-which-damages-limits-do-not-apply-to-a-dust-claim/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/check-which-damages-limits-do-not-apply-to-a-dust-claim/victoria.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.*