---
title: "Work out whether a limitation period still runs on a dust claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-limitation-period-still-runs-on-a-dust-claim"
type: "task"
site: "AI Law Framework"
id: "A21-DD20261023-4"
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 limitation period still runs on a dust claim

> In a firm-controlled tool, record the diagnosis date, the date the person first knew of the injury and of the act or omission, and the employment dates the lawyer marks. The tool does not write the limitation advice.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-limitation-period-still-runs-on-a-dust-claim  
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 | In a firm-controlled tool, record the diagnosis date, the date the person first knew of the injury and of the act or omission, and the employment dates the lawyer marks. The tool does not write the limitation advice. |
| What the lawyer must review | The lawyer decides whether the dust exception applies and writes any advice. Do not define worker. In Victoria, section 23AB uses the word and the opened text does not. Where the exception does not apply, apply the ordinary rule that was opened. Do not reuse a generic deadline calculator for this question. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: In a firm-controlled tool, record the diagnosis date, the date the person first knew of the injury and of the act or omission, and the employment dates the lawyer marks. The tool does not write the limitation advice.
- What the lawyer does: The lawyer decides whether the dust exception applies and writes any advice. In Victoria, section 23AB uses the word worker. The text opened does not define it. Where the exception does not apply, apply the ordinary rule that was opened. Do not reuse a generic deadline calculator for this question.
- 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 makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Confirm the advice names the section that removes the period, or says the exception was not engaged.
2. In Victoria, confirm the advice does not invent who is a worker.
3. Confirm a Queensland dust injury is not given the ordinary page's three-year sentence.
4. Confirm the tool output contains dates only, and no advice.

## 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.
- Section 45 of the Wrongs Act 1958 (Vic) did not load. It is not cited.

## Sources

- [Limitation of Actions Act 1958 (Vic), authorised version 113](https://content.legislation.vic.gov.au/sites/default/files/2026-10/58-6295aa113-authorised.pdf) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic), in-force page](https://www.legislation.vic.gov.au/in-force/acts/limitation-actions-act-1958) (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)
- [Dust Diseases Tribunal Act 1989 (NSW) s 12A](https://www.austlii.edu.au/au/legis/nsw/consol_act/ddta1989243/s12a.html) (checked 2026-10-23)
- [WorkCover Queensland: making a common law claim](https://www.workcoverqld.com.au/claims-and-payments/common-law-claims-and-damages/making-a-common-law-claim) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-limitation-period-still-runs-on-a-dust-claim/new-south-wales.md) | Red |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-limitation-period-still-runs-on-a-dust-claim/victoria.md) | Red |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-limitation-period-still-runs-on-a-dust-claim/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.*