Decide whether a Queensland dust claim has no limitation period
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Record the diagnosis and whether the injury is a dust-related condition under schedule 2. Do not write the advice, and do not apply a three-year period.
- What the lawyer must review
- The lawyer writes the advice on section 11(2).
- Exclude tobacco. Section 11(3) takes smoking and tobacco smoke out of the dust rule.
- Do not apply the three-year sentence on the ordinary common-law page.
- Confirm the diagnosis meets schedule 2 before saying no period runs.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Limitation of Actions Act 1974 (Qld) s 11
Produce. The lawyer's advice on whether any limitation period applies.
Have ready. Diagnosis; Schedule 2 comparison; Whether tobacco is the alleged cause.
Example of the limit. Illustrative example: The injury is silicosis, which schedule 2 names. The tool records that fact and does not enter a three-year date. The lawyer writes the advice that section 11(2) is the opened rule.
Stop and hand it back when
- The output inserts the ordinary three-year period.
- The cause is tobacco and the dust exception is still applied.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Record the diagnosis and whether the injury is a dust-related condition under schedule 2. Do not write the advice, and do not apply a three-year period. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Section 11(1) states a 3-year period from when the cause of action arose, for the actions it describes.
- Section 11(2) says a right of action relating to personal injury resulting from a dust-related condition is not subject to a limitation period under an Act or law or rule of law.
- Section 11(3) says that does not include personal injury from smoking or other use of tobacco products or exposure to tobacco smoke.
- Section 11(4) takes the definition from schedule 2 of the Civil Liability Act 2003.
Sources
- Limitation of Actions Act 1974 (Qld) s 11 · 2026-10-23
- Civil Liability Act 2003 (Qld) schedule 2 · 2026-10-23
The WorkCover common-law page says a notice of claim usually needs to be submitted within three years. That page is not the dust rule.
The sections were read on AustLII.