---
title: "Decide whether the Victorian dust limitation exception applies"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-limitation-period-still-runs-on-a-dust-claim/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DD20261023-4-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Decide whether the Victorian dust limitation exception applies

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-limitation-period-still-runs-on-a-dust-claim/victoria  
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 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. |
| Written for | Victoria |
| 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 23AB removes the period only for a worker's dust claim of a kind the section names.

- What the AI does: 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 does: The lawyer decides whether section 23AB applies and writes any advice. The tool records dates only.
- 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. 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.
2. 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.
3. 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).
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Limitation of Actions Act 1958 (Vic), authorised version 113

**Deliverable**: A date record and the lawyer's advice on section 23AB.

**Inputs**

- 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**: 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 escalate when**

- The output contains a concluded advice.
- The word worker is given a meaning the text does not contain.

Checked 2026-10-23.

## 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](https://www.legislation.vic.gov.au/in-force/acts/limitation-actions-act-1958) (checked 2026-10-23)
- [Administration and Probate Act 1958 (Vic) s 3(1)](https://www.austlii.edu.au/au/legis/vic/consol_act/aapa1958259/s3.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.*