---
title: "Decide whether a Queensland dust claim has no limitation period"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-limitation-period-still-runs-on-a-dust-claim/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DD20261023-4-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Decide whether a Queensland dust claim has no limitation period

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-limitation-period-still-runs-on-a-dust-claim/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 | 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. |
| Written for | Queensland |
| Applies to | [Work out whether a limitation period still runs on a dust claim](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-limitation-period-still-runs-on-a-dust-claim.md) |

## Checking plan

**Lawyer-led judgement**

Section 11(2) removes the limitation period for personal injury resulting from a dust-related condition, and section 11(3) keeps tobacco out.

- What the AI does: 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 does: The lawyer decides whether section 11(2) applies and writes the advice. The tool does not calculate a deadline.
- 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. Section 11(1) states a 3-year period from when the cause of action arose, for the actions it describes.
2. 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.
3. Section 11(3) says that does not include personal injury from smoking or other use of tobacco products or exposure to tobacco smoke.
4. Section 11(4) takes the definition from schedule 2 of the Civil Liability Act 2003.

## Notes

- 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.

## Practical guide

Jurisdiction: Limitation of Actions Act 1974 (Qld) s 11

**Deliverable**: The lawyer's advice on whether any limitation period applies.

**Inputs**

- Diagnosis
- Schedule 2 comparison
- Whether tobacco is the alleged cause

**Example**: 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 escalate when**

- The output inserts the ordinary three-year period.
- The cause is tobacco and the dust exception is still applied.

Checked 2026-10-23.

## Sources

- [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)
- [Civil Liability Act 2003 (Qld) schedule 2](https://www.austlii.edu.au/au/legis/qld/consol_act/cla2003161/sch2.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.*