---
title: "Apply section 11, which runs three years from when the action arose"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-claim-for-an-injury-at-birth-is-still-within-time/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MN20261023-2-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Apply section 11, which runs three years from when the action arose

> From the date the lawyer treats as the date the cause of action arose, set out the section 11 period and leave the row blank if that date is not marked. 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/queensland  
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 date the lawyer treats as the date the cause of action arose, set out the section 11 period and leave the row blank if that date is not marked. Do not decide that the claim is in time. |
| What the lawyer must review | The lawyer decides when the cause of action arose, and writes the advice. Section 11 is not a discoverability test. A disability extension was not opened. 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 | Queensland |
| 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**

Section 11 says the action shall not be brought after 3 years from the date the cause of action arose, where the damages include personal injury.

- What the AI does: From the date the lawyer treats as the date the cause of action arose, set out the section 11 period and leave the row blank if that date is not marked. 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. Record only a date the lawyer has marked as the date the cause of action arose.
2. State section 11(1): 3 years from that date, for negligence, trespass, nuisance or breach of duty in which the damages consist of or include personal injury or injury resulting from death.
3. Do not apply a discoverability test. The opened section has none.
4. Section 11(2) is a dust-related condition and is not this task. The disability provision was not opened, so the tool does not extend the period for infancy.

## Notes

- Section 9A(11) says the symptoms timing for an initial notice does not decide when the cause of action arose. Do not use the notice date as the accrual date.
- The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that private, confidential, suppressed or legally privileged information must not go into a generative AI chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.

## Practical guide

Jurisdiction: Queensland. A birth-injury claim and section 11.

**Deliverable**: A period table. The lawyer writes whether the claim is in time.

**Inputs**

- The accrual date the lawyer marks
- Date of birth
- Any notice date, kept separate from accrual

**Example**: Illustrative example: The lawyer has not marked when the cause of action arose. The table leaves the section 11 row blank. It does not use the birth date as that date.

**Stop and escalate when**

- The tool is asked to decide the claim is in time.
- The tool is asked to add a disability extension that was not opened.

Checked 2026-10-23.

## Sources

- [Limitation of Actions Act 1974 (Qld) section 11](https://classic.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s11.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) section 9A](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s9a.html) (checked 2026-10-23)
- [Queensland Courts: Using generative AI](https://www.courts.qld.gov.au/going-to-court/prepare-for-court/representing-yourself/using-generative-ai) (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.*