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Legislative Assembly for the ACT: 2003 Week 8 Hansard (21 August) . . Page.. 3091 ..
(i) that the plaintiff has suffered an injury that is or includes a disease or disorder; or
(ii) that the injury is related to someone else's act or omission;
(b) 12 years after the day the accident giving rise to the injury happened.
Note The period mentioned in s (3) can be extended under s 36 but the period mentioned in s (2) cannot be extended under that section (see s 36 (6)).
(4) In considering whether or not the period mentioned in subsection (3) should be extended under section 36, the court must have regard to the opinion of a medical expert (or experts) on the question of when the plaintiff (or the plaintiff's parent or guardian) first knew, or ought reasonably to have first known-
(a) that the plaintiff had suffered the injury; or
(b) that the injury is related to someone else's act or omission.
(5) In this section:
health service -see the Community and Health Services Complaints Act 1993, section 4.
(6) This section applies to a cause of action that arises on or after 1 July 2003.
(7) If the cause of action arose before 1 July 2003, the cause of action is not maintainable if brought after whichever of the following periods ends first:
(a) the period that would apply to the cause of action under this section if this section applied to the action;
(b) the limitation period that applied to the cause of action before 1 July 2003.
8
Clause 60
Page 73, line 1-
60 Personal injuries
Section 36 (5)
(5) This section does not apply in relation to a cause of action to which either of the following applies:
(a) section 16B (Other than claims for damages for personal injury);
(b) the Civil Law (Wrongs) Act 2002, part 3.1 (Wrongful act or omission causing death).
(6) Also, this section does not apply in relation to the period mentioned in section 30B (2) (Special provision in relation to children-claims relating to health services).
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