Decide whether the Victorian dust limitation exception applies
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Record the diagnosis date, the date the person first knew of the injury and its cause, and whether the action is one of the kinds named in section 23AB. Do not write the advice.
- What the lawyer must review
- The lawyer writes the advice on whether section 23AB applies.
- Do not invent who is a worker. The text opened does not define that word.
- Where section 23AB does not apply, use section 5(1A) for a disease or disorder.
- Do not reuse a generic deadline calculator for this question.
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 1958 (Vic), authorised version 113
Produce. A date record and the lawyer's advice on section 23AB.
Have ready. Diagnosis date; Date of knowledge of injury and cause; Whether the plaintiff is said to be a worker; Which Act the damages action would be under.
Example of the limit. Illustrative example: The person knew of the disease and its cause six years ago and was not employed in the relevant work. The tool records those dates. The lawyer decides that section 23AB may not apply and writes the advice under section 5(1A). The tool does not write it.
Stop and hand it back when
- The output contains a concluded advice.
- The word worker is given a meaning the text does not contain.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Authorised version 113 includes s 23AB, inserted by Act No. 45/2026. It applies to a cause of action for damages for injury to a worker, brought by the worker or the dependants of a deceased worker.
- The action must be one to which Part IV of the Accident Compensation Act 1985, Part 7 of the Workplace Injury Rehabilitation and Compensation Act 2013, or Part III or Part VB of the Wrongs Act 1958 applies.
- The injury must be a dust-related condition under s 3(1) of the Administration and Probate Act 1958. Section 23AB(2) applies despite s 5 and s 40(a) and (b).
- Part IIA does not apply to a dust-related condition: s 27B(2)(d). If s 23AB is not engaged, s 5(1A) is 3 years from when the person first knows of the injuries and that they were caused by the act or omission of some person. Section 5(1C) says subsections (1A) and (1B) apply despite anything to the contrary.
Sources
- Limitation of Actions Act 1958 (Vic), authorised version 113 · 2026-10-23
- Limitation of Actions Act 1958 (Vic), in force · 2026-10-23
- Administration and Probate Act 1958 (Vic) s 3(1) · 2026-10-23
Section 45 of the Wrongs Act 1958 did not load and is not cited.
The tool output is dates only. The advice is the lawyer's.