Set out the Queensland personal-injury limitation period while a prosecution continues
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the incident date and the charge dates, set out the period in section 11. Do not treat the prosecution as stopping time, and do not write advice on whether to sue.
- What the lawyer must review
- Decide whether section 11 applies to this claim
- Do not treat a pending prosecution as stopping time. The opened section does not say that.
- Write any advice on whether to issue. Nothing generated is that advice
- Use a firm-controlled tool for health records. ASCR r 9, APP 11 and the Privacy Act 1988 (Cth) apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Limitation of Actions Act 1974 (Qld) s 11
Produce. A date table under section 11. The lawyer writes the advice.
Have ready. Date the cause of action arose, as the lawyer identifies it; Charge dates; Section 11.
Example of the limit. Illustrative example: The incident was four years ago and a prosecution is still listed. The table shows 3 years from the date the lawyer identifies as when the cause of action arose. It does not say the prosecution stops time.
Stop and hand it back when
- The lawyer has not identified when the cause of action arose.
- The injury is a dust-related condition.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Section 11(1) says an action for damages for negligence, trespass, nuisance or breach of duty, in which the damages consist of or include personal injury, shall not be brought after 3 years from the date the cause of action arose.
- Trespass is named in the section. Do not look for a discoverability test in the opened section. There is none.
- Section 11(2) takes personal injury from a dust-related condition out of the limitation period. That exclusion is not an assault claim.
- Put the charge dates on the table. The opened section does not say a prosecution stops time.
Sources
- Limitation of Actions Act 1974 (Qld) s 11 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) s 6 · 2026-10-23
The lawyer writes any advice on whether to issue while the prosecution continues. Nothing generated is that advice, and nothing generated is filed.
Do not invent a discoverability date. Section 11 does not use one.
Medical records used to date the injury stay in a firm-controlled tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).