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

# Set out the Queensland personal-injury limitation period while a prosecution continues

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/keep-the-civil-limitation-period-running-while-a-prosecution-is-on-foot/queensland  
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 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. |
| Written for | Queensland |
| Applies to | [Keep the civil limitation period running while a prosecution is on foot](https://ailawframework.com/practice/personal-injury-and-compensation/keep-the-civil-limitation-period-running-while-a-prosecution-is-on-foot.md) |

## Checking plan

**Verify against sources**

The lawyer writes the advice on whether to issue. The tool sets out section 11.

- What the AI does: 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 does: Decide whether section 11 applies and whether to issue while the prosecution continues.
- 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 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.
2. Trespass is named in the section. Do not look for a discoverability test in the opened section. There is none.
3. Section 11(2) takes personal injury from a dust-related condition out of the limitation period. That exclusion is not an assault claim.
4. Put the charge dates on the table. The opened section does not say a prosecution stops time.

## Notes

- 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).

## Practical guide

Jurisdiction: Limitation of Actions Act 1974 (Qld) s 11

**Deliverable**: A date table under section 11. The lawyer writes the advice.

**Inputs**

- Date the cause of action arose, as the lawyer identifies it
- Charge dates
- Section 11

**Example**: 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 escalate when**

- The lawyer has not identified when the cause of action arose.
- The injury is a dust-related condition.

Checked 2026-10-23.

## Sources

- [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)
- [Personal Injuries Proceedings Act 2002 (Qld) s 6](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s6.html) (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.*