---
title: "Map a Victorian death claim picked up by the safety-defect statute"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/map-a-death-or-dependency-claim-under-the-safety-defect-statute/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PR20261023-9-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Map a Victorian death claim picked up by the safety-defect statute

> List the person who died or was injured, and each person said to have suffered loss, including whether the file describes a business or professional relationship.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/map-a-death-or-dependency-claim-under-the-safety-defect-statute/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 | List the person who died or was injured, and each person said to have suffered loss, including whether the file describes a business or professional relationship. Do not name a Victorian dependency section and do not write the advice. |
| What the lawyer must review | Write the advice. Sections 138(3) and 145 pick up Victoria's death-liability and survival laws. Do not name one. Those Victorian sections were not opened. Exclude loss from a business or professional relationship under section 139. Check s 27D separately. It is not the Part 3-5 commencement rule. |
| Written for | Victoria |
| Applies to | [Map a death or dependency claim under the safety-defect statute](https://ailawframework.com/practice/personal-injury-and-compensation/map-a-death-or-dependency-claim-under-the-safety-defect-statute.md) |

## Checking plan

**Lawyer-led judgement**

The pick-up is Commonwealth. The content of the death claim is Victorian law, which was not opened section by section. The lawyer writes the advice. A Federal Court proceeding picks up the same state law under those sections.

- What the AI does: List the person who died or was injured, and each person said to have suffered loss, including whether the file describes a business or professional relationship. Do not name a Victorian dependency section and do not write the advice.
- What the lawyer does: The lawyer writes who may claim under the picked-up Victorian law.
- 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. Keep s 138(3) separate from s 139.
2. Do not invent a Wrongs Act part number for fatal claims.
3. Read s 87G(6) in full before fixing discoverability for a personal representative. Only its opening was read.
4. Do not put the family's health information into a public tool.

## Notes

- If the work reaches the Supreme Court of Victoria, Practice Note SC GEN 25 requires the lawyer to verify output. Do not put health records into a public AI tool. One AI tool cannot verify another.
- Victorian survival and fatal-accidents provisions were not opened.

## Practical guide

Jurisdiction: A Victorian death or dependency claim brought with a safety-defect allegation

**Deliverable**: The lawyer's map of who may claim, without an unopened Victorian section number.

**Inputs**

- Death certificate facts on the file
- The relationship of each claimant
- The lawyer's selection of documents

**Example**: Illustrative example: A relative claims lost income and also ran a business with the deceased. The lawyer separates s 139, which excludes a business or professional relationship, from the Victorian statute picked up by s 138(3).

**Stop and escalate when**

- A Victorian section that was not opened is named.
- The tool writes the advice.

Checked 2026-10-23.

## Sources

- [Australian Consumer Law, ss 138, 139 and 145](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.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)

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