---
title: "Work out whether a claim for an injury at birth is still within time"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-claim-for-an-injury-at-birth-is-still-within-time"
type: "task"
site: "AI Law Framework"
id: "A21-MN20261023-2"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Work out whether a claim for an injury at birth is still within time

> From the dates the lawyer nominates, being the date of the act or omission, the date of birth, and any date the lawyer treats as discoverability or as the date the cause of action arose, set out the periods in the…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-claim-for-an-injury-at-birth-is-still-within-time  
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 | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the dates the lawyer nominates, being the date of the act or omission, the date of birth, and any date the lawyer treats as discoverability or as the date the cause of action arose, set out the periods in the sections opened and the date each period would end, and leave a row blank where the file has no date. Do not decide that the claim is in time and do not write the advice. |
| What the lawyer must review | The lawyer decides the date that counts and whether the claim is still in time, and writes the advice. Do not use sections 27L, the New South Wales extension division, or Queensland sections 30 and 31. None was opened. Health information stays in a firm-controlled tool, not a public one. Do not treat a complaint, or a late notice, as moving the limitation date. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer decides whether the claim is in time. The tool lays out the opened periods and the dates on the file.

- What the AI does: From the dates the lawyer nominates, being the date of the act or omission, the date of birth, and any date the lawyer treats as discoverability or as the date the cause of action arose, set out the periods in the sections opened and the date each period would end, and leave a row blank where the file has no date. Do not decide that the claim is in time and do not write the advice.
- What the lawyer does: The lawyer decides the date that counts and whether the claim is still in time, and writes the advice. Sections 27L, the New South Wales extension division, and Queensland sections 30 and 31 were not opened. Health information stays in a firm-controlled tool, not a public one. Do not treat a complaint, or a late notice, as moving the limitation date.
- 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.
- Restriction: The lawyer decides whether the claim is in time and writes the advice. Any permitted AI assistance only lays out dates and opened sections.

## Checks the lawyer makes

1. Use section 27E, not section 27D, where the person was a minor at the date of the act or omission in Victoria.
2. In New South Wales, do not treat a minor with a capable parent or guardian as under a disability. Attribute that parent's or guardian's knowledge under section 50F(3).
3. In Queensland, count 3 years from the date the cause of action arose, and if section 29 applies, 3 years from the date the person ceased to be under a disability, not 6 years.
4. Do not treat a health complaint, or the first appearance of symptoms in a Queensland notice, as the date the cause of action arose.

## 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 information stays in a firm-controlled tool. Rule 9.1 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, as described by the Victorian Legal Services Board and Commissioner, and APP 11, apply. The lawyer decides whether any loss is notifiable under the Privacy Act 1988 (Cth).
- The lawyer writes the advice. The tool does not.

## Sources

- [Limitation of Actions Act 1958 (Vic) s 3(2)](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s3.html) (checked 2026-10-23)
- [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)
- [Limitation of Actions Act 1958 (Vic) s 27E](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27e.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) s 27F](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27f.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) s 27K](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27k.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW) s 50C](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50c.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW) s 50D](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50d.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)
- [Limitation of Actions Act 1974 (Qld) s 11](https://www.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s11.html) (checked 2026-10-23)
- [Limitation of Actions Act 1974 (Qld) s 5(2)](https://www.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s5.html) (checked 2026-10-23)
- [Limitation of Actions Act 1974 (Qld) s 29](https://www.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s29.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) s 9A(11)](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s9a.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-claim-for-an-injury-at-birth-is-still-within-time/new-south-wales.md) | Red |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-claim-for-an-injury-at-birth-is-still-within-time/victoria.md) | Red |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-claim-for-an-injury-at-birth-is-still-within-time/queensland.md) | Red |

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