---
title: "Screen instructions against rule 8.1 and the New South Wales disability rules"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/screen-whether-the-injured-person-can-give-instructions/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-IN20261023-2-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 instructions against rule 8.1 and the New South Wales disability rules

> List the indicators the lawyer marks on the enquiry, such as age, a stated order, or difficulty understanding the decision. Do 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/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 | List the indicators the lawyer marks on the enquiry, such as age, a stated order, or difficulty understanding the decision. Do not decide whether the person can give instructions. Do not treat a limitation rule as a capacity finding. |
| What the lawyer must review | Decide whether the instructions are lawful, proper and competent Do not treat section 50F as a finding that the person can or cannot instruct Do not use that Division for a motor accidents claim |
| Written for | New South Wales |
| Applies to | [Screen whether the injured person can give instructions](https://ailawframework.com/practice/personal-injury-and-compensation/screen-whether-the-injured-person-can-give-instructions.md) |

## Checking plan

**Verify against sources**

The list records indicators. Rule 8.1 and any limitation consequence are the lawyer's.

- What the AI does: List the indicators the lawyer marks on the enquiry, such as age, a stated order, or difficulty understanding the decision. Do not decide whether the person can give instructions. Do not treat a limitation rule as a capacity finding.
- What the lawyer does: Decide whether the person can give instructions for this decision, now.
- 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. Rule 8.1 says a solicitor must only accept and follow a client's lawful, proper and competent instructions. The list of indicators is not that decision.
2. Section 50F suspends a limitation period that has commenced to run, for the duration of a disability. A minor is under a disability only while the minor does not have a capable parent or guardian. An incapacitated person is under a disability for a continuous period of 28 days or more, but not while a protected person.
3. A capable parent or guardian of a minor is a parent or guardian who is not under a disability. In determining when a cause of action is discoverable by a minor, or an incapacitated person, who is not under a disability, facts that are known or ought to be known by a capable parent or guardian of the minor, or by the guardian of the incapacitated person, are taken to be facts that are known or ought to be known by the minor or incapacitated person.
4. Section 50A(3) says this Division does not apply to a claim under the Motor Accidents Compensation Act 1999 or the Motor Accident Injuries Act 2017. Do not use section 50F on those claims. The length of the discoverability period was not opened, so no period is stated.

## Notes

- Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).
- A protected person includes a person for whom a guardian has been appointed, and a person whose estate is under management. The screen does not decide that status.

## Practical guide

Jurisdiction: New South Wales

**Deliverable**: A list of indicators the lawyer has marked, with no capacity finding.

**Inputs**

- The age, order or difficulty the lawyer has marked
- Whether the lawyer has named a motor accidents statute

**Example**: Illustrative example: The injured person is 16 and lives with a parent. The note records the age. It does not say that time is suspended.

**Stop and escalate when**

- The tool would decide that the person cannot instruct.
- The tool would apply section 50F to a Motor Accident Injuries Act claim.

Checked 2026-10-23.

## Sources

- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), rule 8.1](https://classic.austlii.edu.au/au/legis/nsw/consol_reg/lpulascr2015658/s2.8.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW), section 50F](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50f.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW), section 50A](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50a.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.

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