Screen whether the injured person can give instructions in Victoria
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, list the indicators the lawyer marks: age, a stated order, or difficulty understanding the decision. The tool does not decide whether the person can give instructions, and it does not calculate a limitation date.
- What the lawyer must review
- Decide whether the person can give competent instructions for this decision, now.
- Treat the indicator list as a screen. It is not a capacity finding.
- Do not calculate a limitation date from the disability fact.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: capacity screen on a plaintiff injury enquiry, with the limitation flag
Produce. An indicator list for the lawyer's decision on whether the injured person can give instructions.
Have ready. Age and any stated order; The lawyer's note of the person's understanding; The date of the act or omission, if known.
Example of the limit. Illustrative example: The enquirer says the injured person was a minor on the date of a fall in a shop. The tool lists that fact and flags section 27E. The lawyer decides whether instructions can be taken, and does not calculate a date.
Stop and hand it back when
- The tool would decide that the person lacks capacity.
- The tool would calculate a limitation date.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, list the indicators the lawyer marks: age, a stated order, or difficulty understanding the decision. The tool does not decide whether the person can give instructions, and it does not calculate a limitation date. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record only the indicators the lawyer marks. Do not turn them into a finding that the person can or cannot instruct.
- Accept only lawful, proper and competent instructions. Rule 8.1 is the lawyer's obligation.
- If a disability at the date of the act or omission is marked, flag section 27E and do not apply section 27D.
- Do not apply section 27D or section 27E where section 27B takes the claim outside that Part.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Capacity and instructions checklist | Checklist | AI use Yellow | Checklist for whether the injured person can instruct on the decision in front of them today. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, rule 8 (NSW consolidation) · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27E · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27D · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27B · 2026-10-23
Rule 8.1, in the New South Wales consolidation of the Uniform rules, says a solicitor must only accept and follow a client's lawful, proper and competent instructions.
Limitation of Actions Act 1958 section 27E applies to a cause of action to which that Part applies, founded on personal injury to a person who was under a disability at the date of the act or omission. The action shall not be brought after the earlier of 6 years from the date the cause of action is discoverable by the plaintiff, and 12 years from the date of the act or omission. Section 27D is the ordinary personal-injury period: the earlier of 3 years from discoverability and 12 years from the act or omission. Section 27D(2) says section 27D does not apply where the person was under a disability at that date. The screen records the fact. It does not calculate either date.
Section 27B(2) takes the Part outside actions for damages to which Accident Compensation Act 1985 Part IV or Workplace Injury Rehabilitation and Compensation Act 2013 Part 7 applies, injuries that entitle or may entitle a worker to compensation under the Workers Compensation Act 1958, actions to which Transport Accident Act 1986 Part 6 or Part 10 applies, a dust-related condition within the Administration and Probate Act 1958, and injury from smoking or other use of tobacco products or exposure to tobacco smoke. The definition of disability in section 3 was not opened.
Keep health, wage and scheme records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).