---
title: "Keep the civil limitation period running while a prosecution is on foot"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/keep-the-civil-limitation-period-running-while-a-prosecution-is-on-foot"
type: "task"
site: "AI Law Framework"
id: "A21-VC20261023-3"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Keep the civil limitation period running while a prosecution is on foot

> From the incident date, the discoverability date the lawyer has already nominated, and the charge dates, set out each period in the section the lawyer names.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/keep-the-civil-limitation-period-running-while-a-prosecution-is-on-foot  
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 | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the incident date, the discoverability date the lawyer has already nominated, and the charge dates, set out each period in the section the lawyer names. Do not choose the discoverability date, do not treat the prosecution as stopping time, and do not write advice on whether to sue. |
| What the lawyer must review | The lawyer decides whether the limitation provision applies and what the discoverability date is. Do not treat a pending prosecution as stopping time. The opened sections do not say that. The lawyer writes any advice on whether to issue while the prosecution continues. Do not file anything generated, and do not treat it as the advice. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: From the incident date, the discoverability date the lawyer has already nominated, and the charge dates, set out each period in the section the lawyer names. Do not choose the discoverability date, do not treat the prosecution as stopping time, and do not write advice on whether to sue.
- What the lawyer does: The lawyer decides whether the limitation provision applies and what the discoverability date is. The opened sections do not say a pending prosecution stops time. The lawyer checks before relying on that. The lawyer writes any advice on whether to issue while the prosecution continues. Nothing generated is the advice, and nothing generated is filed.
- 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.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Confirm the limitation provision applies to this cause of action before any date is treated as final.
2. Do not enter a charge date or a sentence date as the start of the period unless the section uses that date.
3. In Victoria, check s 27D(2) before using the 3-year and 12-year periods where disability is possible.
4. The lawyer writes the advice on whether to issue. No generated sentence appears in that advice.

## 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.

## Sources

- [Limitation of Actions Act 1958 (Vic) s 27B](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27b.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) s 27D](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27d.html) (checked 2026-10-23)
- [Limitation of Actions Act 1974 (Qld) s 11](https://classic.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s11.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW) s 50A](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50a.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW) s 50C](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50c.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/keep-the-civil-limitation-period-running-while-a-prosecution-is-on-foot/new-south-wales.md) | Red |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/keep-the-civil-limitation-period-running-while-a-prosecution-is-on-foot/victoria.md) | Red |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/keep-the-civil-limitation-period-running-while-a-prosecution-is-on-foot/queensland.md) | Red |

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