AI Law Framework

Letter · Personal Injury & Compensation

Letter to an institution about a claim for abuse of a child

Letter telling an institution that a person intends to claim for abuse suffered as a child, covering the limitation position and the proper-defendant rules in Victoria, Queensland and New South Wales.

Kind
Letter. A letter or email you adapt and send.
Where it applies
Victoria, Queensland, New South Wales
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
23 October 2026
Status
Maintained. Checked on 23 October 2026 against the 12 authorities it cites, for Victoria, Queensland and New South Wales.
Version
1
Source
Written for this library

When to use it

Use to notify an institution of a proposed claim for death or personal injury from abuse of a child, and to ask it to identify who can be sued. The letter does not accept a National Redress Scheme offer and it does not sign a release.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may prepare the notice from the client's instructions; the lawyer checks that the abuse is within the State's definition, names the correct recipient, and does not let the letter accept redress or sign a release.

AI may

  • Set out the institution, the period and the description of the abuse in the words of the instructions
  • Ask the institution to say who can be sued and, where the State allows it, to nominate a proper defendant
  • Record that a National Redress offer has not been accepted by this letter

AI must not

  • Must not accept a National Redress Scheme offer, sign a release, or state a date on which the Scheme closes
  • Must not describe the content of Personal Injuries Proceedings Act 2002 (Qld) ss 40 and 56 beyond the statement in section 6(4)
  • Must not assert that a fair trial will be possible, or that a stay cannot be sought
  • Must not put the client's account of the abuse into a tool that the firm has not approved

The lawyer checks

  • The facts in the instructions meet the definition that is being relied on: New South Wales section 6A, Victorian sections 27O and 27P, or Queensland section 11A
  • The recipient is the institution's current head or the office that can nominate a defendant, and any Queensland notice required by Personal Injuries Proceedings Act 2002 s 9(1) is given to the head of an unincorporated institution
  • The proper-defendant time is diarised once a proceeding starts: 120 days in Victoria unless the court otherwise orders, 120 days after service in New South Wales, and at least 120 days after the proceeding starts in Queensland before a trustee application
  • The client has had advice, recorded separately, on any National Redress offer. Guide 4.8 says acceptance releases the responsible participating institution and its officials other than the abuser, under sections 43 and 44 of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth)
  • The account of the abuse stays in a firm-approved tool. The lawyer applies Australian Solicitors' Conduct Rules rule 9 and Australian Privacy Principle 11, and considers whether any breach is notifiable under the Privacy Act 1988 (Cth)

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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