---
title: "Screen whether the injured person can give instructions"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/screen-whether-the-injured-person-can-give-instructions"
type: "task"
site: "AI Law Framework"
id: "A21-IN20261023-2"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Screen whether the injured person can give instructions

> The tool lists indicators the lawyer marks on the enquiry: age, a stated order, or difficulty understanding the decision. It does not decide whether the person can give instructions.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/screen-whether-the-injured-person-can-give-instructions  
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 | The tool lists indicators the lawyer marks on the enquiry: age, a stated order, or difficulty understanding the decision. It does not decide whether the person can give instructions. |
| What the lawyer must review | The lawyer decides whether the person can give competent instructions for this decision, now. The tool's list of indicators is not a capacity finding. Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth). |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Check every instance**

The lawyer and the tool work together. The lawyer checks this output before it is used.

- What the AI does: The tool lists indicators the lawyer marks on the enquiry: age, a stated order, or difficulty understanding the decision. It does not decide whether the person can give instructions.
- What the lawyer does: The lawyer decides whether the person can give competent instructions for this decision, now. The tool's list of indicators is not a capacity finding. Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth).
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Confirm the indicator list uses only facts the lawyer marked, and states no conclusion on capacity.
2. In New South Wales, record whether a minor has a capable parent or guardian before any limitation note is made.
3. In Victoria, record whether a disability existed at the date of the act or omission, and whether s 27B takes the claim outside that Part.
4. In Queensland, use the Act's word infant, and do not treat a medical view as instructions without consent.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
- Health and client information stays in a firm-controlled tool. A public tool is not used.

## Sources

- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW consolidation), r 8](https://classic.austlii.edu.au/au/legis/nsw/consol_reg/lpulascr2015658/s2.8.html) (checked 2026-10-23)
- [Queensland Law Society: doubts about a client's capacity](https://www.qls.com.au/practising-law-in-qld/ethics/australian-solicitors-conduct-rules/rules-resources/what-should-i-do-if-i-have-doubts-about-my-clients-capacity) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic), s 3](https://www.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s3.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic), s 27B](https://www.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27b.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic), s 27D](https://www.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27d.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic), s 27E](https://www.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27e.html) (checked 2026-10-23)
- [Limitation of Actions Act 1974 (Qld), s 5](https://classic.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s5.html) (checked 2026-10-23)
- [Limitation of Actions Act 1974 (Qld), s 29](https://classic.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s29.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW), s 50A](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50a.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)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Capacity and instructions checklist](https://ailawframework.com/precedents/personal-injury-and-compensation/capacity-and-instructions-checklist.md) | Checklist | Yellow | Checklist for whether the injured person can instruct on the decision in front of them today. It records observations and the support tried, and it does not certify that the person lacks capacity. |

Signed-in accounts can read the full text of each one.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/screen-whether-the-injured-person-can-give-instructions/victoria.md) | Yellow |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/screen-whether-the-injured-person-can-give-instructions/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/screen-whether-the-injured-person-can-give-instructions/queensland.md) | Yellow |

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