---
title: "Set out the Victorian 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/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-VC20261023-3-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

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

> From the incident date, the discoverability date the lawyer has already nominated, and the charge dates, set out the periods in sections 27B and 27D.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/keep-the-civil-limitation-period-running-while-a-prosecution-is-on-foot/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 | 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 the periods in sections 27B and 27D. 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 | Decide whether this Part applies and what the discoverability date is Do not treat a pending prosecution as stopping time. The opened sections do 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 | Victoria |
| 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 the periods in the sections.

- What the AI does: From the incident date, the discoverability date the lawyer has already nominated, and the charge dates, set out the periods in sections 27B and 27D. 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: Decide whether the Part 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 27B applies the Part to damages for death or personal injury, whether in tort, contract, statute or otherwise. It excludes specified workers compensation and transport accident actions, and actions for a dust-related condition or for injury from tobacco.
2. Section 27D says the action shall not be brought after the earlier of 3 years from when the cause of action is discoverable by the plaintiff, and 12 years from the act or omission.
3. Section 27D(2) says the section does not apply to a cause of action founded on personal injury to a person who was under a disability at the date of the act or omission. The discoverability definition was not opened. Do not paraphrase it.
4. Put the charge dates on the table. Do not write that they suspend either period. The opened sections do not say that.

## Notes

- The lawyer nominates the discoverability date. The table does not choose it.
- Nothing generated is filed, and nothing generated is the advice on whether to sue.
- 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 1958 (Vic), personal injury

**Deliverable**: A date table under sections 27B and 27D. The lawyer writes the advice.

**Inputs**

- Incident date
- Discoverability date the lawyer has nominated
- Charge dates
- Sections 27B and 27D

**Example**: Illustrative example: The incident was four years ago and a prosecution is still listed. The table shows the 3-year and 12-year periods from the dates the lawyer supplied, and a blank for whether to issue. It does not say the prosecution stops time.

**Stop and escalate when**

- No discoverability date has been nominated.
- The claim is a transport, workers, dust or tobacco claim excluded by s 27B.

Checked 2026-10-23.

## Sources

- [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 1958 (Vic) s 27B](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27b.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.*