Time limits are the single most common reason an otherwise good personal injury claim fails in Australia. There is no national rule. Each state and territory sets its own limitation period for court claims, and each compensation scheme sets shorter deadlines to lodge a claim or give notice. This pillar page puts them side by side, cited to the Act or regulator page each one comes from, so you can find your state and your accident type in one place.
The short answer
Court claims for personal injury generally have a three-year limitation period in every state and territory, running from discoverability in New South Wales, Victoria and Tasmania and from the date of injury or accrual elsewhere. Scheme deadlines are far shorter: three months for NSW CTP statutory benefits, one year for a TAC claim in Victoria, nine months for a Queensland CTP notice, 13 weeks in the ACT, and six months for most workers compensation claims. Miss a scheme deadline and benefits can be lost even though the court deadline has not passed.
Two clocks
The limitation period is the deadline to start proceedings in a court. It applies to negligence claims: public liability, medical negligence, work injury damages and CTP damages. The scheme deadline is the time to lodge a no-fault claim or give a pre-court notice. Both run from the accident, and the scheme deadline usually expires first. Children and people under a legal disability have longer, and courts can extend limitation periods in limited cases, but no one should plan on an extension.
The comparison table
| State or territory | Court claim (general personal injury) | Road accident: first claim or notice | Work injury: first claim or notice | Other pre-court steps |
|---|---|---|---|---|
| New South Wales | 3 years from discoverability, 12-year long-stop (Limitation Act 1969 s 50C) | Statutory benefits claim within 3 months; weekly payments back-paid only if made within 28 days (MAIA 2017 s 6.13); damages claim time limit under s 6.14 | Claim within 6 months; up to 3 years with reasonable cause (WIM Act 1998 s 261) | Work injury damages need at least 15% permanent impairment (WCA 1987 s 151H) |
| Victoria | 3 years from discoverability, 12-year long-stop (Limitation of Actions Act 1958 s 27D); TAC common law 6 years (TAC) | TAC claim within 1 year, up to 3 with reasonable grounds (TAC) | Report to employer within 30 days (WorkSafe Victoria) | Significant injury certificate for non-economic loss (Justice Victoria) |
| Queensland | 3 years from when the cause of action arose (Limitation of Actions Act 1974 s 11) | Notice of Accident Claim Form within 9 months or 1 month after first instructing a lawyer; Nominal Defendant within 3 months for unidentified vehicles (MAIC) | Claim usually within 6 months of first seeing a doctor (WorkSafe Queensland) | Part 1 notice of claim within 9 months or 1 month after instructing a lawyer (PIPA 2002 s 9) |
| Western Australia | 3 years from accrual (Limitation Act 2005 s 14) | Report the crash and lodge with ICWA as soon as possible (ICWA) | Lodge promptly; common law needs at least 15% whole person impairment (WorkCover WA) | |
| South Australia | 3 years from accrual (Limitation of Actions Act 1936 s 36) | Lodge within 6 months; after 3 years generally not accepted (CTP Regulator) | Report and claim as soon as possible (ReturnToWorkSA) | Lifetime Support Scheme application within 3 years (LSA) |
| Tasmania | 3 years from discoverability, extendable to 6 by a judge (Limitation Act 1974 s 5A) | Application for Benefits within 12 months (MAIB) | Claim form to employer within 6 months (WorkSafe Tasmania) | |
| Australian Capital Territory | 3 years from the day the injury happened (Limitation Act 1985 s 16B) | Defined benefits application within 13 weeks (MAI Commission) | Notify employer as soon as possible; claim form within 7 days if off work (WorkSafe ACT) | |
| Northern Territory | 3 years from accrual (Limitation Act 1981 s 12) | Apply through TIO as soon as possible (TIO) | Claim within 6 months (NT WorkSafe) | |
| Commonwealth employees | Court rules of the relevant jurisdiction | Report as soon as possible; Comcare decides within 20 days (injury) or 60 days (disease) (Comcare) |
Discoverability explained
In New South Wales, Victoria and Tasmania the three years run from when the cause of action was discoverable: when you knew or ought to have known that you were injured, that the injury was caused by the defendant and that it was serious enough to justify a claim. That helps people whose injuries emerged slowly, such as a missed diagnosis. New South Wales and Victoria add a 12-year long-stop from the act itself. Elsewhere the clock generally starts at the accident.
What to do if a deadline is close
- Lodge the statutory claim or notice now, even with incomplete information; most schemes accept a late explanation more readily than a late claim.
- Contact a lawyer and say the date. Proceedings can be started to protect a limitation period while evidence is still being gathered.
- Do not wait for an insurer decision, a complaint outcome or a medical report. None of them stops the clock.
Frequently asked questions
Is it three years everywhere? For court claims, generally yes, but the start date differs and scheme deadlines are much shorter.
Does making an enquiry stop the clock? No. Only lodging the claim with the scheme, giving the required notice or starting proceedings does.
Can a child’s claim be made later? Yes. Limitation periods for children generally do not start until they turn 18; Queensland’s regulator notes a child generally has until their 21st birthday to start court proceedings.
What if I only just found out my injury was caused by the accident? In discoverability states the clock may have started only then. Get advice immediately rather than assuming it has expired.
This article is general information, not legal advice, checked on 26 September 2026. Deadlines change; confirm the current position for your state. An enquiry with Australian Claim Helpline does not lodge a claim or pause a time limit; call 1300 144 878 if a date may be close.
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Start the free claim check Read the guide to personal injury lawyers in AustraliaGeneral information published 26 September 2026. It is not legal advice and may not reflect later changes to the law or a scheme. Check your own position with a qualified adviser.
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