---
title: "Screen whether the injured person can give instructions in Victoria"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/screen-whether-the-injured-person-can-give-instructions/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-IN20261023-2-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 whether the injured person can give instructions in Victoria

> In a firm-controlled tool, list the indicators the lawyer marks: age, a stated order, or difficulty understanding the decision.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/screen-whether-the-injured-person-can-give-instructions/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 | 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. |
| Written for | Victoria |
| 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 lawyer decides whether the instructions are competent, and the screen only records a disability fact for limitation.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- 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 only the indicators the lawyer marks. Do not turn them into a finding that the person can or cannot instruct.
2. Accept only lawful, proper and competent instructions. Rule 8.1 is the lawyer's obligation.
3. If a disability at the date of the act or omission is marked, flag section 27E and do not apply section 27D.
4. Do not apply section 27D or section 27E where section 27B takes the claim outside that Part.

## Notes

- 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).

## Practical guide

Jurisdiction: Victoria: capacity screen on a plaintiff injury enquiry, with the limitation flag

**Deliverable**: An indicator list for the lawyer's decision on whether the injured person can give instructions.

**Inputs**

- Age and any stated order
- The lawyer's note of the person's understanding
- The date of the act or omission, if known

**Example**: 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 escalate when**

- The tool would decide that the person lacks capacity.
- The tool would calculate a limitation date.

Checked 2026-10-23.

## Sources

- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, rule 8 (NSW consolidation)](https://classic.austlii.edu.au/au/legis/nsw/consol_reg/lpulascr2015658/s2.8.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) section 27E](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27e.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) section 27D](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27d.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) section 27B](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27b.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.*