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

# Screen a safety-defect injury against the Queensland three-year period

> Where a fault count may be filed in Queensland, list the s 11 date, which runs from when the cause of action arose. Do not treat that period as the safety-defect test, and do not convert it into a discoverability period.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/screen-an-injury-against-the-safety-defect-test/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 | Yellow: Lawyer and AI draft together |
| How AI is used | Where a fault count may be filed in Queensland, list the s 11 date, which runs from when the cause of action arose. Do not treat that period as the safety-defect test, and do not convert it into a discoverability period. |
| What the lawyer must review | Check s 11: 3 years from when the cause of action arose, for an action of the kind that subsection describes. Do not call s 11 a discoverability period. Keep a dust-related condition outside that period. Smoking and tobacco smoke are excluded from that exception. Do not use the Queensland injury scale as the Part 3-5 test. |
| Written for | Queensland |
| 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 in the Federal Court and in Queensland. Section 11 is the Queensland period for a parallel personal-injury action. It does not replace s 143 or s 87F.

- What the AI does: Where a fault count may be filed in Queensland, list the s 11 date, which runs from when the cause of action arose. Do not treat that period as the safety-defect test, and do not convert it into a discoverability period.
- What the lawyer does: The lawyer checks s 11 and leaves the safety-defect test on its own statute.
- 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 the date the cause of action arose, not a date of knowledge, for s 11.
2. Leave the Commonwealth clocks on the safety-defect side.
3. Apply the dust exception only to a dust-related condition as defined.
4. Keep health records in a firm-controlled tool.

## Notes

- If a submission is filed in the Supreme Court of Queensland, Practice Direction 5 of 2025 requires a named practitioner to verify the references. It is not a general ban on generative AI.
- Queensland extension provisions were not opened, so no extension test is stated.

## Practical guide

Jurisdiction: A Queensland personal-injury proceeding joined with a safety-defect claim

**Deliverable**: A screen that keeps s 11 separate from the safety-defect clocks.

**Inputs**

- Date the cause of action arose
- Whether a fault count is proposed
- Injury records selected by the lawyer

**Example**: Illustrative example: The injury was not diagnosed until two years after the goods were supplied. The lawyer diaries s 11 from when the cause of action arose, and does not start it from the diagnosis.

**Stop and escalate when**

- Section 11 is diarised as a discoverability period.
- The dust exception is applied to a tobacco injury.

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)
- [Supreme Court of Queensland, Practice Direction 5 of 2025](https://www.courts.qld.gov.au/__data/assets/pdf_file/0011/889148/sc-pd-5-pf-2025.pdf) (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.*