---
title: "Check whether Victorian personal-injury damages limits apply to a dust award"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-which-damages-limits-do-not-apply-to-a-dust-claim/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DD20261023-9-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 Victorian personal-injury damages limits apply to a dust award

> List the section 28C exclusions that were opened and mark that the section does not itself name dust. Do not assert a regulation that was not opened.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-which-damages-limits-do-not-apply-to-a-dust-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 | List the section 28C exclusions that were opened and mark that the section does not itself name dust. Do not assert a regulation that was not opened. |
| What the lawyer must review | Match the award to an exclusion that was actually opened. Do not add a dust exclusion from memory. Section 28C does not name dust. Confirm any regulation under section 28C(2)(n) before relying on one. Keep a section 28C(2)(c) work-injury exclusion separate from any dust exclusion. |
| Written for | Victoria |
| Applies to | [Check which damages limits do not apply to a dust claim](https://ailawframework.com/practice/personal-injury-and-compensation/check-which-damages-limits-do-not-apply-to-a-dust-claim.md) |

## Checking plan

**Verify against sources**

Part VB applies unless an opened exclusion applies. The section text does not name dust.

- What the AI does: List the section 28C exclusions that were opened and mark that the section does not itself name dust. Do not assert a regulation that was not opened.
- What the lawyer does: The lawyer decides whether Part VB applies to the award and checks any regulation.
- 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 28C(1): Part VB applies to an award of personal injury damages except an award excluded by subsection (2).
2. Section 28C(2)(c) excludes an award to which Part IV of the Accident Compensation Act 1985 or Part 7 of the Workplace Injury Rehabilitation and Compensation Act 2013 applies.
3. Section 28C(2)(b) excludes Parts 3, 6 and 10 of the Transport Accident Act 1986. Section 28C(2)(d) excludes an award to which the Workers Compensation Act 1958 applies.
4. Section 28C(2)(n) excludes a class excluded by the regulations. No such regulation was opened. Section 45 of the Wrongs Act did not load and is not cited.

## Notes

- A dust-and-tobacco instrument was seen only as a search result. Its text was not opened.
- Practice Note SC GEN 25 was issued and commences on 14 May 2026. Do not enter confidential or sensitive information into a public AI tool. Evidence must be the person's own knowledge and words.

## Practical guide

Jurisdiction: Wrongs Act 1958 (Vic) Part VB, section 28C

**Deliverable**: A limits note showing which opened exclusions apply and that dust is not named in section 28C.

**Inputs**

- The statute the damages claim is brought under
- Whether the award is a work-injury award
- Any regulation the lawyer has opened

**Example**: Illustrative example: The dust claim is a common-law claim that is not a Part 7 work-injury damages claim. The tool marks that section 28C does not name dust and that no regulation was opened. The lawyer decides whether Part VB applies.

**Stop and escalate when**

- A dust exclusion is stated from section 28C itself.
- Section 45 is cited.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic) s 28C](https://www.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28c.html) (checked 2026-10-23)
- [Practice Note SC CL 3 Personal Injuries Litigation](https://www.supremecourt.vic.gov.au/sites/default/files/2026-06/SC%20CL%203%20-%20Personal%20Injuries%20Litigation.pdf) (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.*