---
title: "Screen a safety-defect injury against the New South Wales discoverability period"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/screen-an-injury-against-the-safety-defect-test/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PR20261023-1-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Screen a safety-defect injury against the New South Wales discoverability period

> Where a fault count may be filed in New South Wales, list the s 50C periods and whether s 50F suspends time. Do not treat those periods as the safety-defect test.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/screen-an-injury-against-the-safety-defect-test/new-south-wales  
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 | Yellow: Lawyer and AI draft together |
| How AI is used | Where a fault count may be filed in New South Wales, list the s 50C periods and whether s 50F suspends time. Do not treat those periods as the safety-defect test. |
| What the lawyer must review | Check s 50C: the 3-year post-discoverability period or the 12-year long-stop, whichever ends first. Read Division 4 of Part 3. The note to s 50C says it can extend the 12-year period. For a minor, check s 50F. A minor is under a disability only while lacking a capable parent or guardian. Do not use Civil Liability Act s 16 as the test for a Part 3-5 claim. |
| Written for | New South Wales |
| Applies to | [Screen an injury against the safety-defect test](https://ailawframework.com/practice/personal-injury-and-compensation/screen-an-injury-against-the-safety-defect-test.md) |

## Checking plan

**Verify against sources**

The safety-defect test is Commonwealth. New South Wales adds s 50C and s 50F for a parallel personal-injury action, and s 16 for a fault claim's non-economic loss. Those do not replace s 143 or s 87F.

- What the AI does: Where a fault count may be filed in New South Wales, list the s 50C periods and whether s 50F suspends time. Do not treat those periods as the safety-defect test.
- What the lawyer does: The lawyer checks s 50C and s 50F and leaves the safety-defect test alone.
- 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. Record which of the two s 50C periods ends first.
2. Leave the Commonwealth clocks on the safety-defect side.
3. The discoverability definition in s 50D was not the page opened. Do not state its test.
4. Keep health records in a firm-controlled tool.

## Notes

- Practice Note SC GEN 23 and District Court General Practice Note 2 prohibit generative AI from generating affidavit content, and require leave before it drafts an expert report. Draw the note to the expert.
- Section 50C(2) begins a special rule for a survivor action. The rest of that section was not read.

## Practical guide

Jurisdiction: A New South Wales personal-injury proceeding joined with a safety-defect claim

**Deliverable**: A screen that keeps s 50C separate from the safety-defect clocks.

**Inputs**

- Discoverability facts marked by the lawyer
- Whether the person is a minor
- Whether a fault count is proposed

**Example**: Illustrative example: The act was 11 years ago and the injury was discoverable last year. The lawyer diaries both s 50C limbs, notes the long-stop extension only as a provision to read, and keeps the Commonwealth clocks.

**Stop and escalate when**

- Section 50D is stated from memory.
- Section 16 is applied to a Part 3-5 claim.

Checked 2026-10-23.

## Sources

- [Limitation Act 1969 (NSW), s 50C](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50c.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW), s 50F](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50f.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW), s 16](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s16.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.*