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Legislative Assembly for the ACT: 2003 Week 8 Hansard (21 August) . . Page.. 3090 ..


5

Proposed new clause 58A

Page 70, line 7-

insert

58A Section 30 (3)

substitute

(3) This section does not apply to-

(a) a cause of action to recover a penalty or forfeiture or sum by way of penalty or forfeiture unless the person having the cause of action is an aggrieved party; or

a cause of action to which section 30B (Special provision in relation to children-claims relating to health services) applies.

6

Clause 59

Proposed new section 30A (1) (b)

Page 70, line 14-

omit

Civil Law (Wrongs) Act 2003

substitute

Civil Law (Wrongs) Act 2002

7

Proposed new clause 59A

Page 72, line 28-

insert

59A New section 30B

30B Special provision in relation to children-claims relating to health services

(1) This section applies if-

(a) a child (the plaintiff ) suffers personal injury that gives rise to a claim for damages; and

(b) the claim relates to the provision of a health service.

(2) A cause of action for damages in relation to the claim is not maintainable if brought 6 years or more after the day the accident giving rise to the injury happened.

(3) However, if the injury is or includes a disease or disorder, the cause of action is not maintainable if brought after whichever of the following periods ends first:

(a) 6 years after the day the plaintiff (or the plaintiff's parent or guardian) first knows or ought reasonably to have first known-


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