Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Before a claimant brings a proceeding against someone else (a respondent ) based on a claim in relation to a personal injury, the claimant must give the respondent written notice of the claim.
Note 1 A proceeding must be brought before the end of the relevant limitation period under the Limitation Act 1985 .
Note 2 If a form is approved under s 222 for a notice of claim, the form must be used.
(2) The notice must—
(a) contain a statement of the information required by regulation; and
(b) authorise each of the following to have access to the records and sources of information relevant to the claim that are required by regulation:
(i) the respondent;
(ii) if the respondent is insured against the claim—the respondent's insurer for the claim; and
(c) be accompanied by the documents required by regulation.
(3) The notice must be given within the period that ends on the earlier of the following days:
(a) the day that is 9 months after—
(i) the day the accident giving rise to the personal injury happened; or
(ii) if symptoms of the injury are not immediately apparent—the day symptoms of the injury first appear;
(b) the day that is 4 months after the later of the following days:
(i) the day the claimant first instructs a lawyer to provide advice about seeking damages for the personal injury;
(ii) the day the respondent is identified.
(4) If the claimant is a child, the claimant's parent or legal guardian may give the notice for the claimant.
Note For another procedure for a claim in relation to a personal injury suffered by a child, see the Limitation Act 1985 , s 30A (Special provision for injuries to children).
(5) If the notice is not given within the period required under subsection (3), a reasonable excuse for the delay must be given in the notice or by separate written notice to the respondent.
Note If the notice is not given as required under s (3), the obligation to give the notice continues until it is given (see Legislation Act, s 152).
(6) Without limiting subsection (5), an excuse is reasonable if it is prescribed by regulation for this section.
(7) If the respondent knows of anyone else (a relevant person ) against whom a proceeding based on the claim may be begun by the claimant, the respondent must, within the period prescribed by regulation (or, if no period is prescribed, within 1 month after the day the respondent receives the notice)—
(a) give a copy of the notice to each relevant person; and
(b) tell the claimant in writing about each relevant person and give the claimant a short written statement explaining why each of them may be a relevant person.
(8) If the respondent is a child, the respondent's parent or legal guardian may comply with subsection (7) for the respondent.