--- title: "Apply section 50F before using the adult period on a birth injury" url: "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" type: "task_jurisdiction_version" site: "AI Law Framework" id: "A21-MN20261023-2-NSW" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "red" lawyer_review: "required" jurisdictions: ["NSW"] last_reviewed: "2026-10-25" --- # Apply section 50F before using the adult period on a birth injury > From the dates the lawyer nominates, set out the section 50C periods and what section 50F says about a minor, and leave a row blank where the file has no date. Do not decide that the claim is in time. Canonical page: 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 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, set out the section 50C periods and what section 50F says about a minor, and leave a row blank where the file has no date. Do not decide that the claim is in time. | | What the lawyer must review | The lawyer decides whether the minor had a capable parent or guardian. The tool does not. Do not treat every minor as suspending the period. Section 50F(2)(a) says otherwise. Keep health and wage records in a firm-controlled tool, not a public one. ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth). | | Written for | New South Wales | | Applies to | [Work out whether a claim for an injury at birth is still within time](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-claim-for-an-injury-at-birth-is-still-within-time.md) | ## Checking plan **Verify against sources** A minor is under a disability except while the minor has a capable parent or guardian. While not under a disability, the parent's or guardian's knowledge is attributed to the minor. - What the AI does: From the dates the lawyer nominates, set out the section 50C periods and what section 50F says about a minor, and leave a row blank where the file has no date. Do not decide that the claim is in time. - 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. State section 50C: the first to expire of 3 years from and including the discoverability date, and 12 years from the act or omission. 2. Section 50F(2)(a): a minor is under a disability, but not while the minor has a capable parent or guardian. A capable parent or guardian is one who is not under a disability. 3. Section 50F(1) suspends the running of the period for the duration of the disability. Section 50F(3) attributes facts known or that ought to be known by a capable parent or guardian. 4. An incapacitated person is under a disability for a continuous period of 28 days or more, but not while a protected person. The protected-person definition was not fully on the page read. The lawyer reads it. Division 4, noted under section 50C, was not opened. ## Notes - Discoverability is section 50D, the same three facts, and "ought to know" means all reasonable steps would have ascertained the fact. Survivor actions under section 50C(2) are not this task. - If this is filed in the Supreme Court of New South Wales, Practice Note SC Gen 23, issued on 28 January 2025 and commenced on 3 February 2025, bars generative AI from the content of an affidavit or witness statement, and from an expert report without prior leave, subject to paragraph 23. ## Practical guide Jurisdiction: New South Wales. A birth-injury claim and sections 50C and 50F. **Deliverable**: A period table. The lawyer writes whether the claim is in time. **Inputs** - Date of the act or omission - Date of birth - Whether the lawyer marks a capable parent or guardian **Example**: Illustrative example: The child had a parent and the lawyer has not marked whether that parent was under a disability. The table records section 50F(2)(a) and leaves the capable-parent row blank. **Stop and escalate when** - The tool is asked to decide the claim is in time. - The protected-person definition is needed and has not been read in full. Checked 2026-10-23. ## Sources - [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 50C](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50c.html) (checked 2026-10-23) - [Limitation Act 1969 (NSW) section 50D](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50d.html) (checked 2026-10-23) *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*