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

# Screen a safety-defect injury against the Victorian discoverability period

> Where the claim may be filed in the Supreme Court of Victoria, list the s 27D dates and whether a fault pleading would engage the significant-injury threshold.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/screen-an-injury-against-the-safety-defect-test/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 | Yellow: Lawyer and AI draft together |
| How AI is used | Where the claim may be filed in the Supreme Court of Victoria, list the s 27D dates and whether a fault pleading would engage the significant-injury threshold. Do not treat those Victorian rules as the safety-defect test. |
| What the lawyer must review | Check s 27D: 3 years from discoverability, or 12 years from the act or omission, whichever ends first. If there was a disability at the date of the act or omission, take the claim outside s 27D. Do not use s 28LE as the test for a Part 3-5 claim. It applies where injury is caused by fault. Keep health records in a firm-controlled tool. |
| Written for | Victoria |
| 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. Victoria adds s 27D and, for a fault count, the significant-injury threshold. Practice Note SC GEN 25 is the Supreme Court AI rule, not a Federal Court rule.

- What the AI does: Where the claim may be filed in the Supreme Court of Victoria, list the s 27D dates and whether a fault pleading would engage the significant-injury threshold. Do not treat those Victorian rules as the safety-defect test.
- What the lawyer does: The lawyer checks the Victorian period and the significant-injury threshold, 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 both s 27D periods and which expires first.
2. Leave ACL s 143 and CCA s 87F on the safety-defect side of the screen.
3. Apply s 28LE only if the pleading alleges fault. Threshold level is in s 28LB.
4. Do not put the injury records into a public AI 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.
- Section 27D does not apply to a cause of action founded on injury to a person who was under a disability at the date of the act or omission. The disability regime after s 27D was not opened.

## Practical guide

Jurisdiction: Supreme Court of Victoria, if a fault count is joined to the safety-defect claim

**Deliverable**: A screen that keeps the Victorian personal-injury period separate from the safety-defect clocks.

**Inputs**

- Date of the act or omission and of discoverability
- Whether a fault pleading is proposed
- Injury records selected by the lawyer

**Example**: Illustrative example: The goods were supplied nine years ago and the injury was discovered last year. The lawyer diaries both Victorian limbs and the Commonwealth clocks, and does not drop the safety-defect claim because s 27D looks shorter.

**Stop and escalate when**

- The screen uses s 28LE for a Part 3-5 claim.
- A date is taken from a summary rather than the file.

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)
- [Wrongs Act 1958 (Vic), s 28LE and s 28LB](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28le.html) (checked 2026-10-23)
- [Supreme Court of Victoria, Practice Note SC GEN 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (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.*